Habitation Certificate

[PCI]

Good afternoon;
I would be grateful if somebody from your Forum would be kind enough to answer me a question regarding the above.
Our story is very very long indeed, so I will make it as short as possible.
We (and many many others) bought an appartment near Bodrum Three years ago. Some of us recieved the TAPU (only last year), others still await this (and fear now they will never recieve it) . We understand the builder is near bankrupcy. The site is half finished. The builder has mortgaged properties bought by brits and also sold on properties to Turks bought by brits. The overall position is one big financial & legal mess. However I have now been told that without the Habitation certificate we may be stopped using our appartment for holidays. We are told the site could be condemed, as it is only half completed. So - what I would like to know is;
1) Are we allowed to use our appartment even if the site does not have a Habitation certificate?
2) If the site becomes condemed will the local authorities be entitled to take legal ownership of my property?
3) Would the local authorities be entitled to demolish the completed appartments if they condem the site?
There are many of us who have not slept for many weeks over this, and stand to lose everything.
With Thanks
PCI

 

[carolk]

Hi PCI, it looks like a bit of a mess. I don't know the answer to any of those questions but you could put your question in the legal help desk area where Celtic may answer or you can contact Crescent Homes if you live in the Altinkum/Akbuk area and Mushtaq's team can have a look at it all for you. I hope this helps.

 

[martin m]

Hi pci
Unfortunately i dont know the answer to any of your questions,however dont dispair i have had a look at the list of logged on members at the moment and the likely people to know right and wrong are not on at the moment.
Its such a shame that your first post has to be one that is of such importance to you, please take heart that there is a person (member) called celtic who has offered to help anyone on here and he has proven to be very popular and knowledgable (he is a lawyer/solicitor) and i am sure he will be able to give you answers, i just hope they are the ones you want, good luck.
martin
Pci
I have just noticed that if you go on the home page of threads theres one titled "Thread for legal support" do your self a favour and read this then decide if you want to ask him your questions. hope this helps.
martin

 

[dalyansteve]

I do not think any one can give you a diffininitve answer. So if you have some sort of legal claim or Tapu, use the property as often as you can do not worry about complications untill they happen and let your agent or lawyer worry about it. Make friends who can help in last minute situations and do not pay any more money, unless absolutely required. Check out the rest of the forum. Do Not be hurried or harrased.

 

[jearden]

I’ll leave the legal answers to those best qualified, but let me give a practical viewpoint on the habitation certificate and your use of the property.

I’ve never heard of anybody being turned out of their property purely on the basis of not having a habitation certificate. If it is a legal requirement then it’s rarely enforced otherwise me and half the foreign owners would be sleeping in the street.

I suspect your biggest problem will be water and electricity supplies. Once the builder stops paying the bills, both supplies will be cut and you have no chance of getting reconnected privately without a habitation certificate.

 

[PCI]

Re: Habitation Certificate (Individual?)

Hello all

An update on this nightmare saga
It transpires that the builder as well as 'stealing' british investors appartments has left a string of debt everywhere. We (all owners) are currently negotiating to pay his back water bills (approx 20,000 TYL) to keep the site 'alive' (just) the matter rumbles on with no clear conclusion.

However - I have heard rumours that when one is reciept of a TAPU it is now possible to apply for an individual habitaion, as opposed to one single habitation certificate for the whole site/complex.
Is this correct?
If so, how do you go about applying / who do you contact?
Thanks
PCI

 

[PCI]

Re: Habitation Certificate (Individual?)

I have eventually found the 'legal thread' and posed the question in there. However any help would be appreciated.

Some 'owners' face the prospect of losing all their life savings becasue of this man.

 

[panther]

Re: Habitation Certificate (Individual?)

This is the answer I was going to give you. I believe once you have tapu you can get a single habitation certificate for your apartment only on square meterage. It has taken me 4 years to find this out.

Only my upstairs neighbour out of 7 in the block her agent got and paid for hers.

 

[Guz1]

A short while ago someone on the forum posted a link to a newspaper article dealing with the change in the law applicable to habitation certificates. I'm afraid I don't remember all the details, but the article did refer to the possibility of getting a habitation certificate where the builder is no longer around or cannot/won't provide the necessary documentation. As far as I can remember, there was a mention of the Belediye sending someone to inspect the property and provided the property is passed the habitation cert can be acquired from the Belediye. Not sure, but I think the article gave an idea of the cost. There was some mention, also, that where corrective measures were required to ensure the building's safety (e.g. bringing it up to the required standards for earthquakes) the work would have to be done at the owners' expense prior to the habitation cert being granted.

I'm sure that if you do a search of the forum you will find the link to the newspaper article.......I think the story was covered in more than one newspaper.

 

[PCI]

A short while ago someone on the forum posted a link to a newspaper article dealing with the change in the law applicable to habitation certificates. I'm afraid I don't remember all the details, but the article did refer to the possibility of getting a habitation certificate where the builder is no longer around or cannot/won't provide the necessary documentation. As far as I can remember, there was a mention of the Belediye sending someone to inspect the property and provided the property is passed the habitation cert can be acquired from the Belediye. Not sure, but I think the article gave an idea of the cost. There was some mention, also, that where corrective measures were required to ensure the building's safety (e.g. bringing it up to the required standards for earthquakes) the work would have to be done at the owners' expense prior to the habitation cert being granted.

I'm sure that if you do a search of the forum you will find the link to the newspaper article.......I think the story was covered in more than one newspaper.

Who are what are the Belidiye, and how do I contact them?
Thanks

 

[Howell's]

they are the local council, also where you pay the water bills