Any House or Flat owner who fails to get their title deeds on their apartments or houses in complexes fully completed by November this year could face fines of 1,000 TL each. For the past few weeks, there has been growing anxiety in the community about rumours that residents need to get their tapus completed – essentially this means the tapu certificate having a tick (or cross) in the far left hand box (KAT MULKİYETİ).
Most tapus have a tick or cross in the middle box (KAT İRTİFAKI), but many residents believe this to be the conclusion of the buying process. In fact, 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 TL fine. It appears that this Condominium Ownership Law dated 14 November 2007, gave residents a two-year honeymoon period to get the matters sorted. Hence the November 2009 deadline.
“The law sets to solve the versatile problems raised by the practice of subsidized houses and to have the new houses built to meet the needs of the era and supported against earthquakes. “The Condominium Ownership Law (FREEHOLD) concerns everybody who lives in an apartment block or house.”
As we mentioned last issue we followed the progress of one of our readers through the process and here is what he told us:
Here now follows the steps needed and documents required to start the process rolling!
1. Take your TAPU + 1 copy to the Belediye (4 th floor) and ask for a certified copy of you habitation certificate. It needs to be stamped and signed by this office not just a photocopy.
2. Go to TAPU office and ask for a certified copy of the site plan where your house is located. The TAPU office will give you a form to take to the HALKBANK together with your Tax Number where you will pay 25YTL and receive in return receipts which you take back to the TAPU office and then receive the site plan.
3. Take all the above documents + Passport copy to the Land Registry Office which is next to the seafront Police Station at the bottom of ‘Jewellery Street’. You will then be given another form to take to the ZIRAAT bank to pay for the Land registry fees. Return to the Land registry office with the receipt you receive from the bank. You will then be told what date and time officials from the Land Registry Office will come and measure you house to confirm it is as stated on your original TAPU.
Notes: I have telephoned the British Consulate in IZMIR who confirmed that this Law must be complied with.
This is only the first part of the procedure, when I have more information on the next step/s I will let you know, but I am aware you need to have 2 passport photographs of each person named on the TAPU and your Earthquake insurance policy (DASK) for the next step.
As a backup to the above documents it is wise to take with you copies of your Passport, Council Tax Cards, Tax cards and Residency permits.
I Hope this is helpful.
Name and Address supplied.
**We will be following the progress of this reader in future issues but in the meantime you can contact the Citizens Advice Centre if you have any questions