Help Desk

There has been much confusion, rumour and  concern recently, regarding recent amendments to the law regarding condominiums and apartments (Law 634).Changed in Nov 2007
The object of the law was to enable Tapus to be issued for incomplete developments, Especially regarding off plan sales and large sites where properties were still being constructed while others were already occupied.
The tapus for incomplete properties will have the Kat irtifaki section (middle section of the tapu) marked with a cross, this indicates that the ownership of the independent unit is not yet ready for use yet, due to incomplete development and/or the habitation permit has not been issued by the local council.
It is a requirement that on completion of the development the builder has to apply for a habitation permit, (similar to a UK building completion certificate) to show that the building has been inspected to ensure compliance with building regulations and can therefore be lived in.  This would then be indicated on the Tapu by removing the check mark from Kat irtifaki designation and checking the Kat Mulkiyeti Designation. Of course it was easier and cheaper for the builders and agents to ignore this latter part of the procedure, especially as there were no set time limits for this to be completed.
The Turkish government became aware of the fact that there were many such developments that had been completed but still had the Kat irtifaki designation. In order to resolve this problem, amendments to Law 634 were made to impose time scales and penalties.
The law was to include a deadline of November 2009 for completion and a fine of 1000TL for missing the deadline.
Other complications became evident when the procedures for changing the tapus was investigated, especially as it was shown that people could not apply individually but all owners within the complex would have to apply as a group. This could have caused severe difficulties for absent owners.
Following strong objections from both Turkish citizens and foreign nationals the law was amended once again in June 2009 and now states that...
The arrangement that cancels the 1000 TL fine for those who do not have their title deeds transferred to property ownership by the end of November 2009 was accepted at the General Assembly of Turkish Grand National Assembly.

Within the new law, people will be able to apply individually for property ownership but the law states that this will only be possible after over 50% of the owners have made a joint application.

A huge benefit of this new amendment will be that  buildings which already have habitation permit will be transferred to  ownership (Kat Mulkiyeti)  without further  procedural bureaucracy.

The local councils (Belediye) will be able to tell the title deeds offices which buildings have been issued habitation permits and owners will be able to take their required documentation to the title deeds office in order to complete the registration,

Owners of apartments will need to co-ordinate with the other owners of the apartment complexes and gather the relevant documentation  in order to achieve the 50% group majority for the initial application. You will probably need, notarised passport translation(s), copy of your Tapu(s), Your tax number(s), passport photos, Residents permit (if applicable) It may be necessary to have habitation permits for each apartment but this is yet to be clarified, more information to follow.
Any further information regarding amendments to this law and or procedures for adhering to this law will be posted here when available.