PCI

New Member
Individual Habitation Certificate? (and a big nightmare!)
Dear Sir
To give you a quick background - our site/complex was made up of British & Irish Investors. However after paying the full purchase price the builder then 'stole' the appartments of around 28 investors. He re-sold them to local turks (who are now demanding rent from the brits concerned) or mortgaged them to the bank, raising secured debt (of course with no ones knowledge) then disappeared. The turkish police I understand are investigating. Some 'owners' now face losing their appartment they have paid for (he sold them on/mortgaged a legal charge agaianst them before the TAPU was granted)
An owners committee are liasing with water & electric authorities to try to take control of the situation, and try to settle the builders unpaid water bill, approx 20,000 YTL.
Some of us are fortunate that we obtained our TAPU.
However it would appear the Habitation certificate is a long way off, if not impossible (on my basic understanding) to be obtained, as only half the site has been completed, and the builder I assume faces jail.

So - what I would like to know is, I have heard today that the law might be changing, (or has already changed) and that one can apply for a Habtaton certificate on an individual basis, is this correct?
If so how do you do this, and who do you contact?
If it is not the case, and you cant, where do we stand, with a TAPU, a property, water electric, but no Habitation certificate?

Your co-operation and help would be most welcome.
Some of the owners face losing all their life savings.
Thanks
PCI
 

celtic

Member
Individual Habitation Certificate? (and a big nightmare!)
Hi PCI,

First, you should know that the new regulation has nothing to do with habitation certificate. The procedure and the conditions are still same to take this certificate. I've already told on these boards before what the owners should do for taking their habitation certificates, unless this had done by the contractors. You can reach the relevant topic as following the ling below;

http://www.turkishliving.com/forums...arsa-tapu-how-get-habitation-certificate.html

Secondly, it's not really clear how the contractor 'stole' those properties and re-sold to someone else. Didn't your neighbours got the properties registered on their names when they payed the full price? If they didn't, it's really difficult to prove the contrary of the records in the registration office while someone else seems to be the owners, no matter they did pay the price or not. However, they can still file cases towards the contractor to refund the amount of money they payed in return of the properties.

Regards.
 
Last edited by a moderator:

PASH

Member
Individual Habitation Certificate? (and a big nightmare!)
I am not a lawyer but would it be possible for each individual owner to place a court protection order on their property to at least try to secure the bricks and mortar whilst they fight the legal fight through the courts?
 

celtic

Member
Individual Habitation Certificate? (and a big nightmare!)
If you mean taking a decision of preliminary injunction, yes, it's possible.
 
Last edited:

Sarahlou

Member
Individual Habitation Certificate? (and a big nightmare!)
Hi PCI Just read your post and very sorry to hear what is happening on your dev. I bought a property from a local builder only to discover a couple of months ago that he had given it to another Turk as part payment of a debt. This had been done at the beginning of the year without my knowledge. I have taken on a new solicitor and the long and short of it is if you don't have your Tapu you can do absolutley nothing as the apartment doesn't belong to you legally even though you have paid the money. In relation to habitation cert I have a second apartment for which there is no habitation certificate, What we are going to do now is raise the £12000 it will take to get the habitation cert pay it direct to the council and the landowner will transfer our tapus to us individually (sidelining the builder). If those who have lost their properties haven't got a solicitor then I suggest they agree on someone to act for them as a group to see what if anything can be salvaged. I know how they feel as a large portion of our retirement money has gone into our turkish venture and is now lost.

Good luck
Tavey
 

PASH

Member
Individual Habitation Certificate? (and a big nightmare!)
If you mean taking a decision of preliminary injunction, yes, it's possible.

Hi Cem, yes that was what i was meaning as i had to take one out myself to secure a contested property
 

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