Applying for Permission to Retain House Extension

[Guz1]

Has anyone any experience of this?

Background: Ours is one of 50 houses on a site. There is an annexe to the rear of the house for which the overhanging balcony from the first floor bedroom acts as a roof. The walls of the annexe are about 2 or 3 ft. short of the balcony. We and almost all the owners closed in the annexe and converted it to a wc & shower. This breached planning permission and we were fined by the Belediye. When paying the fine, I spoke to the Baskan and explained that we need a w/c on the ground floor. He told us that we could apply for special permission to retain it.

Does anyone know what is involved in applying for such permission? Are there any guidelines on qualifying conditions for special permission? Is it expensive? How long does it take? Is it worthwhile trying or would it just be a waste of time and money?

Any advice would be appreciated.

 

[zozatky]

Its called Retrospective planing permission. You will have to apply for this through your local planing dept. Cost vary depending on the project & not all will be granted. If it is not granted you will have to take it down at your own expense. Kusadasi are currently cracking down on any thing built without consent ie closing in balconies to make extra rooms & adding extra floors.

 

[Guz1]

Thank you, Zozatky. We have already removed the offending door and wc. Don't have to demolish the structure because it was covered in the planning permission.

Primarily, we need the wc at ground level for our great-niece who is in a wheelchair. We can manage to get her up and down stairs morning and evening but it's too much to do so numerous times per day. I'm sure I read somewhere that to get special permission, the householders or their immediate family must meet the qualifying conditions. Our great-niece doesn't fall into that category. I am trying to find out whether our own ailments such as a heart condition, back problems or rickety old bones would be sufficient grounds for qualification. If so, I need to know whether we will require medical certificates and whether a letter from our own doctor will suffice.

 

[carolk]

Maria, do you have your Hab Cert?

 

[Guz1]

Hab Cert yes, but not yet Kat Mulk. Expecting Kat Mulk this year although that may take longer because have heard mention that the Belediye may let the neighbours pay their fines in instalments. Don'k know whether fines will have to be paid in full before site passed for Kat Mulk.

To be honest, Carol, if we have to jump through hoops for this planning retention, we might just call it a day. A few houses on the site sold to Turks last year so there are some buyers out there. Maybe time for us to cut our losses and sell up.

 

[carolk]

I am sorry to hear that Maria but, I do understand.

I cant be 100%sure of this but my understanding is, planning permission for anything is easier if you have your Hab Cert also, sad to say, it can depend on who applies for it for you (not what you know but who you know). I did get planning permission for my extension and the cost was 400tl.

If I am wrong I'm sure someone will correct me but, that was my experience - someone knew someone who knew someone!!!!

 

[Guz1]

Thanks Carol. Was that "someone" some kind of agent?

It was the Belediye Baskan who told me that we could apply for special permission. He mentioned something about the neighbours reporting each other but I don't know which neighbours. Two of the neighbours were always at loggerheads with each other but thankfully both have sold their houses. All our near neighbours were fined - even those whose only infringement was having a door on the annexe.

I explained to the Baskan about my niece but I'm not sure that he fully understood her relationship to us. I suspect that planning permission won't be forthcoming unless we can make a very convincing case. If I can find out what kind of medical proof we need, I can get it here and have it translated and notarised on our next visit to Turkey.

 

[carolk]

I will make some inquiries for you Maria, it might take a couple of days.

 

[GnD]

As to the Kat Mulkiyeti conversion you should not be charged now.

The law changed and suspended fines for properties built before 1st July 2009. Those build after must convert within a year I believe. Well I have had that information from three people during my last visit back in August.

So Maria don't pay any fine until this is checked.
Debbie

 

[Guz1]

Carol: Will be great if you can find out what we need. No big rush because we won't be going to Turkey before May. Just need enough time to get reports from GPs/Specialists here if necessary.

Debbie: Thanks for the tip. Our fine wasn't for lack of Kat Mulk. It was for breaching the planning laws and we paid it. We will query any unusual increase in site fees this year to make sure fine instalments aren't included.

 

[GnD]

Hab Cert yes, but not yet Kat Mulk. Expecting Kat Mulk this year although that may take longer because have heard mention that the Belediye may let the neighbours pay their fines in instalments. Don'k know whether fines will have to be paid in full before site passed for Kat Mulk..

Apologies, I thought you were referring to the fine for not converting from Kat Irtifaki to Kat Mulkiyeti within a year from the date of the Kat Irtifaki as it used to be.

I misunderstood as I thought the habitation was the site approval and once you have the habitation you could convert to mulkiyeti?? my mistake

 

[Guz1]

No, Debbie. As far as I know, our site made the kat mulk application on time. According to some neighbours we would have escaped the planning permission fines if there hadn't been tit-for-tat reporting by a couple of nitwits. It has been suggested to us that we should wait a while and just put back the door and toilet but we would rather stick to the rules, especially in a foreign country.

 

[carolk]

From what I can ascertain Maria, it is to with the size you are allowed to build on your plot as you thought, putting a door on makes it inside space. To apply for planning permission you have to have, an architect (crazy) and some sort of permission papers from the water and electric companies. I can not find any one who has had any experience regarding having a disabled family member to say if that would make a difference. Sorry.

As I said my planning permission was 400tl, a friend I spoke to today said theres to enclose a balcony was 800tl.

 

[Guz1]

Thanks Carol. I'll see what I can find out from the Belediye on my next visit. Looks like it will be too much hassle. Time to get rid.