Darren

Member
What is a TAPU? - Explained
Re: Irtifaki clarification please

If your property is registered on the registration book at the land registry with your name as the owner, then you own it.

Dont confuse TAPU with title deed- it is not a deed- it is simply a government agency certificate (the land registry) testifying to the details recorded on the registration book for that property. You can get a TAPU any time and usually with 48 hours notice.

For simplicity, Kat Irtifaki is the equivalent of permitting granted for a construction site with land share parcels apportioned prior to easements granted. So if your TAPU has your name on it and it says Kat Irtifaki, that is what you own= a plot on a construction site - ok it may have a building sitting on it at some stage of construction...but even if the construction is finished, it is not "legal" for use as the finsihed item.

If your TAPU is Kat Mulkiyeti then you own a property where most usually the building usage permit has been granted for residential use and the easements have been upgraded to comply with all legal rights and responsibilities associated with residential usage.

There are laws that proscribe the above, but they are not often enforced, but are enforced increasingly and progressively more often than they were over the past years, and with every year that passes (similiar to the increasing enforcement of tax laws). And you should expect the tightening enforcement of Kat Mulkiyet compliance to continue unabated- because it represents a major source of tax loss from developers that dont pay their taxes (and thus dont get their permits).

There are many examples of people living in properties that have not received all necessary permits. And there are an increasing number of examples of the government enforcing the laws. The most extreme example relates to "Gejekondo" (sp phonetic) dwellings - where the government has evicted and bulddozed whole communities- but that example of non-compliance and enforcement is a bit more extreme than your typical foreign holiday home circumstance.

The most common reasons why local Turkish coastal legal advisers arent forthcoming with clear explanations about certain related matters are usually a) they have a conflict of interest b) the circumstances may not be clear cut with various items in progress etc c) they havent received their fees.

The most common reason foreign and UK legal advisers are not more clear about matters is a) they have no jurisdiction to provide legal advice on matters outside their home jurisdiction and b) they dont know themselves. In any case you should always avoid foreign or overseas law firms that pretend to give advice about matters in foreign countries unless they are registered with the Bar in those countries and have practicing registered members of staff in those countries. There are many UK "legal advisers" offering advice and contracts for Turkey - and many are simply misleading at best and con artists at worst- including a couple of the biggest self promoters of their "expertise".
 

Maria-s

Thinking of moving
What is a TAPU? - Explained
Re: Irtifaki clarification please

Thanks for the information, l did not realise that. Can you recommend good solicitors..are these called Emlaks? I have heard so many negatives about purchasing that all advice is welcome������
 

Sunny Seasider

Life is so precious
What is a TAPU? - Explained
For me the Tapu Mulkiyeti is the most precious piece of paper that is held in our safe.
 

D&A

Member
What is a TAPU? - Explained
Re: Irtifaki clarification please

Many apartments have a "tapu" Irtifaki....so these are not legal places to be able to live in then?
 

ted j

Member
What is a TAPU? - Explained
Re: Irtifaki clarification please

Thanks for the information, l did not realise that. Can you recommend good solicitors..are these called Emlaks? I have heard so many negatives about purchasing that all advice is welcome������

Hi Maria
Emlaks are turkish estate agents
The way you buy a property in Turkey is very different from in the UK
There are very few decent solicitors about and most seem inept at property purchase and will just want to take your money without thought for your interests
If you are thinking of buying, please be very careful and read on here, how to go about it (use the search at the top of the page)
 

kibris

Member
What is a TAPU? - Explained
Lets be faır here ,turks dont use a solıcıtor when buyıng and sellıng propertıes and havıng kat ırtıfakı does not mean a property cannot get servıces connected or be bought or sold.I know of several kat ırtıfakı flats that have just been sold ın my area from turk to turk.
 

D&A

Member
What is a TAPU? - Explained
Lets be faır here ,turks dont use a solıcıtor when buyıng and sellıng propertıes and havıng kat ırtıfakı does not mean a property cannot get servıces connected or be bought or sold.I know of several kat ırtıfakı flats that have just been sold ın my area from turk to turk.


Yes maybe, but are they REALLY legal to be live in?
 

Tommie

Sun Worshipper
What is a TAPU? - Explained
A tapu is somewhat similar to the Deeds, which means you own the property.

To live in it, you also need a Habitation Certificate, which means it is "fit" to live in.
If you have the HC, the Kat Mulkiyeti box on the Tapu should be ticked.
If you have the HC and the above box is not ticked, you can get the tapu updated at the tapu office.

If you don't have the HC, then the council could demolish your property as it's not classified as fit for habitation.
 
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Tommie

Sun Worshipper
What is a TAPU? - Explained
You should be able to get it from the council offices.

If the Kat Mulkiyeti box is ticked, they should give you the HC free of charge.

The council may not issue the HC for a number of reasons, such as builder not paying taxes.
 

scotssteve

Member
What is a TAPU? - Explained
Also if you have no habitation then under turkish building regs then its still a building site- strictly speaking not for anyone to live in.

You also need habitation for the purposes of registration for electricity and water

regards
 

Redhand

Member
What is a TAPU? - Explained
I have my Tapu with the Kat Irtifaki box ticked - I now have recieved my habitation certificate - what do I have to do to get my Tapu changed to Kat Mulkiyeti status, where do I go, what documents do I need to bring with me , does this cost me any money.
 

kibris

Member
What is a TAPU? - Explained
You do not have to get your tapu changed to mulkıyetl as long as you have your habıtatıon certıfıcate.
 

Chinook

Member
What is a TAPU? - Explained
Also if you have no habitation then under turkish building regs then its still a building site- strictly speaking not for anyone to live in.

You also need habitation for the purposes of registration for electricity and water

If you live in a property built before the area became a municipality and have the Kat Mulkiyeti box ticked then you will not have a habitation certificate nor under current legislation need one.
 

crystal1

Member
What is a TAPU? - Explained
hi i sold my villa last week to a turkish lady all we needed was A TAPU and dask ins no solicitor, we started at 09.30 and by 11.30 tapu changed money in bank and no longer my villa
but the only document needed was a tapu so not sure on first post on this subject
 

Chinook

Member
What is a TAPU? - Explained
Bez
I think you will find that the article relates to property built in established municipalities and not to the scenario I described.
 

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