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".
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".
