Tapu
Hi all,
Spotted this in the voices newspaper, i think that we all need to be aware of thios and push to get our Tapu ASAP other wise we will all get hit with a 1000 tlr fine on top of everything else. See below article from paper.


"SCORES of British investors and residents were caught on the hop this week after Voices highlighted the changes to the title deeds laws which could leave them stumping up a fine of 1,000 TL after November.

We reported last week of the government’s law change which requires residents, both Turkish and foreigners, to get their tapus completed – essentially getting a tick in the left hand box (KAT MULKİYETİ).

Most tapus have a tick or cross in the middle box (KAT İRTİFAKI). Residents, who have been issued with a tapu with a cross in the middle box, need to obtain a certificate of habitation from the Belediye to support the process for the tapu to be ticked in the left hand box.

Once armed with a certificate of habitation, residents need to decide on how they go about getting the final process completed. But the bottom line is that if this process is not completed, then by government law, each individual owner could face a 1000 YL fine.

The law, passed in November 2007, gave residents a two-year period to get the matters soughted. Hence the November 2009 deadline. But apartment owners have been hamstrung by the requirement of all owners in a block to be present to get the tapu process complete – a nigh impossible task.

The story, believed to be the first by an English-language newspaper in Turkey to highlight the law change, caused more than 100 people to head to Didim Belediye to get their certificates of habitation.

Scores more besieged the Tapu Office looking for answers, while the office of the Didim Estate Agents Association was also flooded with investors and residents looking for help.

Association chairman Osman Coşkun offered to help prepare their documents and aid the process.

On Thursday afternoon, in front of about 15 British investors, he said that his association would work as hard as possible to help those affected.

But some of the investors were less than impressed, with many citing the fact that as much as they would like to complete the process they couldn’t because they had apartments and were unlikely to track all the other apartment owners down.

The Voices website also received more 3,000 hits on the story in the first three days as anxious investors from abroad assessed the situation."
 
Tapu
Hi,

The way I read it, if you have a Tapu, it must be all in order and the correct boxes ticked. If we haven't got one, we must make sure when we do get it, it must also be correctly marked.

I may be wrong but I am watching the story as well.
 

Martyn

Member
Tapu
There is another thread running this story somewhere. For me and a lot of others is the practicality of being able to all go together(or get poa) to do this. We have 11 apartments in our block and we have been going twice a year and once this come June this year. In the four years we have owned this property I have only ever met 4 couples. There are a couple of Turk owners who have theirs as a holiday home. It is absolutely impossible to carry out the process by November this year. There are people in a lot worse position that us as well. Something has to give somewhere. The easiest option from my viewpoint would be that you take your Tapu and Hab cert to the relevant office and the Tapu you have is updated and stamped. So easy for people to manage doing that.
 

maggie

Member
Tapu
Can I just clarify something???

Are you suppossed to have both boxes ticked or just KAT MULKIYETI!!!

Am confussed doesennt take much to do it.!!!!

Hugs Maggie xxx
 

zrekay

Member
Tapu
Hi All,

First time on here. really confused and concerned bout Tapu. Took us nearly 2 years and still problems. thanks to all on forum really usefull stuff.

All the best Lee and Simon.
 

delightful

aka Ishik, World Abodes
Tapu
Hi, can I ask a daft question?

Why is the developer of your properties not getting your Kat Mulkiyeti tapu for you? It is the seller's responsibility to obtain the habitation licence and together with your funds, convert it to a Kat Mulkiyeti tapu for you. It is therefore their responsibility to gather the funds from all the owners and apply for the Kat Mulkiyeti tapu in one application. It is one of the requirements of developers obtaining their building permissions.

Or does something else happen in Didim that I'm not aware of... which is more than possible :)

Can someone enlighten me please? Thank youu.
 

biggles

biggles
Tapu
Can I just clarify something???

Are you suppossed to have both boxes ticked or just KAT MULKIYETI!!!

Am confussed doesennt take much to do it.!!!!

Hugs Maggie xxx

just one box ,which means you are issued with a new tapu with x in mulkiyeti. it would be so easy if they just put another x in the mulkiyeti box ,but no chance of that .:dizzy:
 

Mushtaq

Founding Member
Tapu
It is the developer's responsibility but unfortunately some of them are not living up to the agreements and sales contracts, that is the problem.

The developers should be liable and made to pay the fines not the owners, because they purchased with the understanding that all paperwork should be in place or completed in reasonable time.
 

carolk

R.I.P
Tapu
I think you have asked an excellent question. Everyone with an ounce of sense would have thought the same thing!! If the process ends with Kat Mulkiyeti why do the people responsible stop before full completion? Maybe someone could answer that but, the experience on here for most part when asking a reasonable question is - deafening silence from those in the know!!!!!!
 

peter the postie

Wer'e not really here
Tapu
Following on from Mushtaq's post, I wonder if it might be worthwhile for everyone faced with this problem to bombard the Turkish Embassy with e-mails?

One person could compile an e-mail asking for clarification as to why the developers aren't being held responsible, and post it on here. Then it would just be a case of everyone else copying & pasting it into an e-mail and firing it off.
 
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Martyn

Member
Tapu
Following on from Mushtaq's post, I wonder if it might be worthwhile everyone faced with this problem to bombard the Turkish Embassy with e-mails?

One person could compile an e-mail asking for clarification as to why the developers aren't being held responsible, and post it on here. Then it would just be a case of everyone else copying & pasting it into an e-mail and firing it off.

Good idea Pete. In fact a petition is what we want.:roundgrin

The facts are people are only just finding out about this even though it has been around since 2007. How was the information rolled out because it didn't work. A lot of the owners are holidaymakers and don't see news/tv in Turkey. Why wasn't there a system of informing all owners, there must be a list of owners somewhere? Why not a leaflet under every door? The questions are endless.
 
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Guz1

Member
Tapu
An email campaign might get more attention than a petition. What exactly would be the purpose of the campaign?

This is one law that affects Turks exactly the same as foreigners. The Turkish Government published it in the official gazette as it does with all other laws. In my opinion, the English language newspapers have failed abysmally in the fundamental task of informing their readers of such an important issue. One newspaper waited until the dogs in the streets were barking about the November deadline before carrying anything like an informative article and that article won't be on the shortlist for a Pulitzer prize. A poor show all round.

In fairness to the Turkish authorities, the enforcement of this law is ultimately in everyone's best interests. It's just a pity that it took them so long to get round to it.

No point imposing fines on builders that have gone out of business.

Anyway, if you do start an email campaign or a petition, I hope it's successful, although I believe that it will merely delay the inevitable.
 

Martyn

Member
Tapu
I think whatever laws and rules you make if there is a time limit on it, it must be made well known.
 

dalyansteve

Member
Tapu
Can I add another question? How does someone with an old Turkish cottage get a habitation certificate or will it still be considered as pre regulation and no change to the land tapu. It has been registered with the Belediye as a house and depot since registration began. Has anyone got a clue?
 

Guz1

Member
Tapu
I think whatever laws and rules you make if there is a time limit on it, it must be made well known.

How do we know it wasn't made well known? For all we know, it could have been reported in the Turkish language media which is the primary source of information in any country.
 

delightful

aka Ishik, World Abodes
Tapu
had this on another thread but thought it may be of interest here too:
In terms of tapus and habitation licences, as far as I understand it, the process to convert the tapu from Kat Irtifaki to Kat Mulkiyeti is the main problem. It's a daunting process for most people, regardless of nationality and therefore most seek the help of either a tapu takipcisi (official person who is paid to follow the process on your behalf), or a solicitor, or to do it in person. To personally follow the process is not easy, as some have discovered.

The other problem of getting together all the other owners on a development, to apply together for Kat Mulkiyeti, should be the developer's responsibility. So if the developer is not doing this, who does? Legally each project should have a Site Yonetim Kurulu; site management plan, (residents association) which in turn should have an appointed manager, who manages the complex and anything that may need a joint decision by all the owners. This person, who has all the contact details of all the owners is best placed to contact everyone and point out a. the 2007 ruling ending later this year and the subsequent fine, and b. what the course of action is to get this done.

In one complex recently the manager of the site contacted all 190 owners, gave clear instructions as to what was needed to apply for the Kat Mulkiyeti, charges, paperwork etc, they had already obtained the iskan (habitation licence) then using a Tapu Takipcisi, applied on behalf of all the owners and within months obtained their tapus; after a wait of 10 years!

As both of these are legal requirements to building a complex, and a developer has not done either part, then a strong letter to the Chamber of Commerce and also the Belediye (Council) in the area where your property is, should provoke a response. Writing to the Embassy probably won't cause a stir as the same ruling affects Turks just as much as other nationalities.

Hope this helps.
Ishik
 

Martyn

Member
Tapu
How do we know it wasn't made well known? For all we know, it could have been reported in the Turkish language media which is the primary source of information in any country.


Well it wasn't Maria because I didn't know about and nor did 1000s of others that's my point. In a place like Didim they know 1000s of the owners are non Turkish holiday makers who in the main don't speak or read Turkish.
 

carolk

R.I.P
Tapu
Delightful, I replied to your comment on the POA thread. Just to reiterate - the Turkish government should ask people to take their contacts to them for the Belidiye to track down the sales people/builders and fine them for not completing their job - causing all this mayhem!!!!

Martyn, I agree. I live here and only heard of it when everyone else did.
 

Guz1

Member
Tapu
I'm afraid, Carol and Martyn, that I don't agree. No more than the government in any other country, the Turks aren't obliged to single out foreigners for special treatment. Also, ignorance of the law is no more an excuse in Turkey than it is in our own countries. We all need to learn a lesson from this and realise that emlaks, solicitors, on-line English language newspapers, etc. are not a sufficiently reliable source of information. "No man can serve two masters" springs to mind. Maybe it's time for us to start thinking of alternatives.
 

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