Urgent

[DeborahP]

I have had an apartment in Fethiye for 6 years. I have my deeds and all other documents relevant to the property. However, I have recently had a text from my neighbour to say I have to pay £2,000 in the next 2 days for living permission and if i don't my apartment will be taken from me by the council. Help and advice most welcome.:banghead:

 

[Unicorn Consultancy]

Dear,

I feel that there is a misunderstanding or bad intention against you, This request is impossible. Its completely out of Law and all Turkish legal articles.

If you need more information about it send an e-mail to me

info @ unicorn. com. tr

 

[danielo24]

Yeah this doesn't sound very lawful, it would be best to get some advice.

 

[patmore]

Does anyone have any explanations for this

Same has happened to a friend but he was told that he owed tax on his property - again - similar amount. He has owned it for 10 years and has residential Tapu and out of the blue, he was told to pay 2000 tl within a few days. The message came through ther gardener! He didn't pay and it rose over a few months to 5000 tl. He spoke with a solicitor who could not find out why he owed this but said he did and had to pay it. By then with interest it was over 5000tl

This has happened to others also.

Abyone any ideas as to what this is about?

 

[ozsubasi]

I am a little confused because the OP states that "I have my deeds and all other documents relevant to the property" but goes on to say "I have to pay £2,000 in the next 2 days for living permission ".
MY confusion is that I can't see another interpretation of living permission as being other that the Habitation Certificate (Iskan) which is a document issued by the Belediye. If you do not have that, then you don't have all the documents relevant to the property.

The tapu proves ownership of a property, the Iskan is permission to occupy it.

I would suggest that in the first instance you should take your tapu to the Belideye, they will confirm whether or not an Iskan has been issued. If it has, you will be able to get a copy of it from them for a few lira.

The Iskan is issued by the Belediye to the builder, it is basically a confirmation that he has paid all the taxes he was supposed to pay on the property, and that it has been built in accordance with the planning permissions given. He should then give a copy to each owner.

If the builder has not met his commitments and is unavailable or unable to pay them, then my understanding is that it could fall on the owners to collectively settle them before an Iskan can be issued.

But I would advise first to go to the Belediye as explained above, and then to seek legal advice. Certainly you shouldn't be paying anything to anyone without being clear on what it is for, and that you have a legal obligation to pay it.

 

[patmore]

Living Permision or Tax

Is the OP sure it's for living permissiona nd not for some tax owed as in my friends case (and others). Still do not know what the tax is but was definately tax.

Apart from Council tax is there another tax to pay yearly such as a property tax to the Tax office?

 

[ozsubasi]

The only annual tax is council tax, and as bills aren't sent out (in Didim anyway) it often only becomes an issue when someone wants to sell, i.e. it then has to be paid up to date. There is tax payable at the time a tapu is transferred, but the transfer can't be completed unless the tax is paid so it isn't something that can remain outstanding.
The taxes due would IMO be owed by the builder, and without them being paid the Iskan cannot be issued.

 

[patmore]

Yearly Property Tax

Are you sure about this as I have read that there is a yearly property tax based on the value as well as the local council tax.

I would be very happy if you are correct.

see this http://www.coastlinekeys.com/Annual-property-tax-Turkey.asp

 

[ozsubasi]

It is just a case of different terminology, they are one and the same. To put it another way, it is an annual tax based on the value of the property (as stated on the tapu) and charged at a rate of 0.1% which is paid to the belediye (council) for the provision of local services. It is the one and only annual property tax.

 

[patmore]

Thank you

Now I understand. Its the 'counci Tax' and the Property tax is the one you pay on purchasing.

Thanks for the info

 

[ozsubasi]

Yes that's it exactly, and you are welcome.

 

[Flamingo II]

Ozsubasi,
In relation to your information about the ISKAN, should this be supplied to each owner who has purchased a property on a development. Is it issued upon completion of the purchase by the developer or even via a solicitor.

I have a Tapu but no ISKAN, our developer is still around and I asked them recently if I needed and residence permits licenses etc or copies of such, they stated I did nt need anything more than a TAPU.

Would the developer pass these to the solicitor to distribute.. we have fallen out with our solicitor so I know they wont respond, resident in the UK we use our property for our family holidays, any info would be gratefully received.

 

[ozsubasi]

Ozsubasi,
In relation to your information about the ISKAN, should this be supplied to each owner who has purchased a property on a development. Is it issued upon completion of the purchase by the developer or even via a solicitor.

I have a Tapu but no ISKAN, our developer is still around and I asked them recently if I needed and residence permits licenses etc or copies of such, they stated I did nt need anything more than a TAPU.

Would the developer pass these to the solicitor to distribute.. we have fallen out with our solicitor so I know they wont respond, resident in the UK we use our property for our family holidays, any info would be gratefully received.

Yes, a copy should be supplied to each owner. However, it depends on how long ago the property was purchased, because in fairness it has only been in recent years that it has really become an issue. A solicitor is not required under Turkish law (because property transactions between Turkish people are carried out in the tapu office).
If you bought after 2007 then your tapu should be marked with a cross in the box labelled "Kat Mulkiyeti". This means that the tapu office have seen it and you do not need an actual copy of it. If however the cross is in the middle box, you will need a physical copy of it.

In this case, as I mentioned in an earlier post, the simplest thing is to go to the Belediye (local council offices) with your tapu and ask for a copy of the Iskan. If you are unable to do that (because you aren't here) then you would maybe need a different solicitor to act for you.
The website of the UK embassy in Ankara has contact details for solicitors in most areas.

It is a little worrying if your developer is telling you that the only required document is the tapu because it simply is not true and he would know that.
I would advise that you pursue this and find out whether or not your building has an Iskan, and if not, why not (the Belediye will give this information either to you or your solicitor).
Resident permits are something else altogether, and you do not need one if you only have a holiday home.

I hope this helps.

 

[ozsubasi]

Just to add something that I missed in my earlier reply. There are two stages to the Iskan; the council inspects when the foundations are laid to ensure that the building is within the size allowed for the plot of land it is situated on. It inspects again at completion to ensure the remainder of the building also complies with the permissions. If the builder has paid his taxes the Iskan will then be issued to him.

 

[ytokgoz]

i think i know what you are talking about as recently some of my friends had the same issue, if your property is being connected to mains sewege the council is asking for connection charge which you have to pay,

 

[patmore]

Not connection charge

Sorry but this is nothing to do with connection charges. These were paid 10 years ago when.villas were completed. The property has Tapu and Iskan. All connection charges were paid at the time.

My friends charge came out of the blue and a solicitor could not get an answer what it was for - just said tax. My friend had paid council tax annually and still had to pay. If they did not pay immediately it increased considerably month by month.

Still not identified what it was for unless the builder had not paid his share of tax on completion and sale.

 

[TUNCAYLAWOFFICE]

I have had an apartment in Fethiye for 6 years. I have my deeds and all other documents relevant to the property. However, I have recently had a text from my neighbour to say I have to pay £2,000 in the next 2 days for living permission and if i don't my apartment will be taken from me by the council. Help and advice most welcome.:banghead:

Hello,
There must be a missunderstanding. I guess they demand the money for communal expenses(management fee). In our law system there is a way to bring your property to an auction through the court incase you do not pay the communal expenses.

 

[ozsubasi]

I guess they demand the money for communal expenses(management fee).

The Iskan is headed "Yapı kullanma izin belgesı" which translates roughly to "Use document structure permit" and I would be fairly sure that this is the same as "living permission".
However we are not likely to ever know for certain what this was about because the person who posted the question a year ago has never been back here since.