GoGirl

Member
More Tapu (deed) fees??? When does it end???
Hi
I have been told that in addition to the usual fee for the Tapu (deed) an additional 300TL fee for the issuing of a new Tapu will be made mandatory.
This has been allegedly announced in local papers to inform those foreigners who bought apartments in Alanya.

The Tapu is broke down as follows:
Kat Irtifaki is an authorization for the construction of the land.
Kat Mülkiyeti means that the property is now owned by the registered person and not the building entrepreneurs.
"Yapi Kullanım Ruhsati" (installations) should be completed as well.
It seems that most buildings are missing the Kat Mülkiyeti part.
Those who do not register by Nov. 28th this year, will be fined 1000TL.

Can anyone verify this? I just heard it from an acquaintance who speaks some English. Although such notifications should come from the house management, those of us living abroad are rarely notified of anything. Any and all suggestions are welcomed. My apologies for such a boring first post.

:)
 

GoGirl

Member
More Tapu (deed) fees??? When does it end???
Thx Carol
This was also a great find and a must read for anyone:
Google: Voices Newspaper Altinkum Didim Turkey - Why you need a certificate of habitation
 
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les&Tasha

Guest
More Tapu (deed) fees??? When does it end???
I have been to the Tapu Cadestre in Alanya to investigate this issue.

If you are buying a new build then then the apartment must have a habitation certificate. This will enable the first Tapu to be issued "Kat Mülkiyeti " The Tapu Cadestre will not be issuing "Kat Irtifaki" Tapus for new apartments in future.

The process of changing a Tapu from Irtiffaki to Mulkiyeti is described very well in the thread referenced above. However the Tapu Cadestre in Alanya did not mention a November deadline or fines.

Think about this situation for a moment. ALL apartments built before 2000 were issued with Kat Irtifaki Tapus. Habitation Certificates had not been invented! This means that over 80% of the apartments in Alanya Merkez would have to pay this extra tax to change the Tapus or face a TL1000 fine! This is the stuff riots are made from! The Major of Alanya is a smart guy this is not going to be enforced except on new and recent builds.

The ONLY source for this fine scenario is an article in an expat paper quoted above (The Voice). I have looked through the Turkish legal gazzette and can find no trace of this penalty. Maybe someone better qualified can correct me.
 

Guz1

Member
More Tapu (deed) fees??? When does it end???
Les&Tasha:

Voices Newspaper isn't the only source of information about the fine. The source is the Turkish Condominium Law which has been talked to death on this and other forums. The most recent news we have is that the Turkish Government is considering amending the law.....see the Voices article at the end of the thread linked in Carol's post.
 
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les&Tasha

Guest
More Tapu (deed) fees??? When does it end???
Guz1,

Thanks for the link. I skimmed some of this. In our case the building was finished in 1974 and has the original building habitation certificate. There are no habitation certificates for the individual flats - they had not been invented back then. We are all connected up to electric,water, phone etc. I have paid the emlak tax for the last 5 years. I mentioned this issue to our "house captain" He is a high school headmaster and he gave me one of those looks he normally reserves for particularly stupid students !

I am just going to IGNORE all of this. It will not happen. Or if it does it will not be enforced.

They passed a local law over 20 years ago forbidding the discharge of untreated sewage into the river. Every summer since the main sewer blocks just behind our building and they have to dump the sewage into the river. Oh they do it between 1am and 4am so most of the tourists don't notice. No one has ever been fined. Indeed last year there was a Belediye employee supervising the operation...

This is Turkey!
 

Guz1

Member
More Tapu (deed) fees??? When does it end???
You're probably right that it won't happen. Meanwhile, the law stands. We have been paying emlak tax since we bought, have mains water and the phone lines are available should we want a connection. We're still on sitesi electricity. You're lucky that the law if enforced might not affect you. It has already affected us. Our Committee (including a few teachers one of whom is our new Baskan) is taking it seriously. Before the site is approved for kat mulk status the Belediye sends an inspector to make sure that everything complies with planning permission. All of our houses have a structure at the back of the house that most have enclosed and turned into a shower room/w.c. When we arrived last week the door and w.c. had been removed and we had to go to the Belediye where they fined us about 1,200 TL because it was in breach of planning permission. The Belediye told us that we had until 31st October to pay the fine. We're hoping now that we will be able to get our tapu changed individually because we fear that some of our neighbours won't pay the fine.....quite a few of them have put their houses on the market because it's an expense too far for them. We bought that house because it had a toilet/shower at ground level.

As you said, This is Turkey.
 
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les&Tasha

Guest
More Tapu (deed) fees??? When does it end???
Maria,

Your complex was built recently

If the Belediye has inspected your apartment then the initial application from the sitesi has already been made. The fine is for breach of planning and I reckon you must pay. I would go to the Belediye and pay the fine and get them to issue the habitation certificate. Once you have the habitation certificate then another visit to the Tapu Cadestre will sort out the Tapu. Hopefully...

Why were your sitesi proactive on this? Being proactive is not a Turkish trait! Perhaps the developer is being pressured to settle his taxes LOL!

Putting your property up for sale because of a couple of thousand TLs of administrative hassle is niave and stupid. On most sites you would be lucky to walk away with 60% of your investment in the current market. Resales have to be deeply discounted in the current market. People will learn this when November comes around and they still don't have a buyer...
 

Guz1

Member
More Tapu (deed) fees??? When does it end???
Our complex was built c. 2001. It started out as a co-operative which was dissolved a few years ago when the site was finished. We have had a habitation cert all along, but as far as I can see the hab. cert. is for all houses on the site (we covered this already on another thread). Funnily enough, when the co-op was dissolved the Belediye sent someone to inspect the site and he said that the outside toilets were illegal. I was there at the time and queried it with him but he said that ours wasn't illegal so I thought that was because we had mosquito screens at the top whereas the Turkish neighbours had theirs completely closed in with no ventilation. We heard no more about it until this year when the Committee was preparing for the Kat. Mulk. status. Looking back on it, I realise that he was taking the usual Turkish way out by telling the foreigner what she wanted to hear. We have paid our fine.

I believe that our sitesi committee were making sure they weren't caught for the 1,000 TL fine under the Condominium Law. There's no developer involved in this. The co-op made a decision years ago when the houses were at the shell stage that all owners would be responsible for finishing their own houses.

I agree with you that this is the worst time to sell. If we were to do so we would suffer a hefty loss. It's the Turkish owners who are selling. The fine, though stiff, is affordable to us but I think it could be too much for Turkish pensioners. For all I know, they could have other debts. They are already complaining about the Aidat (reduced this year from 65 to 60 TL per month). Having been there from the beginning, their houses cost a lot less than ours so I reckon they stand to make a profit even if they sell at rock bottom prices.

Whether or not the Government changes the law re the Tapu Change, having read the information in your post about no new Kat Irtifaki tapus being issued, it makes me more convinced than ever that in the future properties with a Kat Irtifaki tapu will be considered inferior and, consequently, won't increase so much in value when the market picks up again.
 
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les&Tasha

Guest
More Tapu (deed) fees??? When does it end???
Maria,

Thanks for the informative reply. Your situation makes much more sense now. I had a 10 minute conversation with the manager at the Alanya Tapu Cadestre (for which I waited 2 hours!). I agree that Kat Irtifaki Tapus will be seen as inferior in the future, particularly by Europeans. However about three quarters of the flats in Alanya Merkez have Kat Irtifaki Tapus along with "YAPI KULLANMA IZIN BELGESI" (building use certificate). It will take several years to for all these apartments to comply with the new regulations.

Our building has 12 flats. The total cost of converting the tapus would be about TL4000 We would happily pay our share and I have put a proposal forward but I won't be holding my breath on getting this through our managent committee. We have been arguing about fixing the roof for nearly 5 years. Been to court twice. The roof still needs fixing! Such is life in Turkey...
 

Guz1

Member
More Tapu (deed) fees??? When does it end???
Why will it cost you 4000 TL? When I asked my Turkish neighbours whether there would be a cost for the Kat Mulk the reply was "No Para. In Aidat." If it costs anything like 4,000 TL I can see the rest of the houses going on the market.

Back in 2003 when we were on our buying trip the big deal was to not buy anything built before the new "earthquake" regulations. The emlaks used that to push newbuilds and offplan. I expect that the "new style" tapu will take over as the hard sell for newbuilds. Some things never change!
 

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