Procedures for a Condominium Title Deed
A correction process in the deed of transfer to condominium
- The transition from a floor-height deed to a condominium deed is a small correction process, which is actually carried out in the land registry... When the floor elevation is received, the part “type of title” is indicated as “land plot” in the condominium register in the deed office. As soon as the housing permit is obtained, the corresponding part is changed to “building” instead of “land” and the condominium deed is obtained. For this, when the municipalities decide to issue a housing license, it is enough to send the letter notifying it to the cadastre and the land registry office to make the necessary correction.
If the contractors are in operation, the landlord does nothing
In fact, the first and only addressees of the transition to condominium are contractor firms... All procedures, residence permit costs and applications must be submitted to the contracting firm. That is, homeowners whose contractors live in already operating buildings do not have any obligations. But if the contractor of the buildings died, went bankrupt, and his activity ceased, it is entirely up to the owners of the house to obtain a residence permit, to pay the fine if it cannot be obtained. Owners of houses who are victims in this case have to submit applications for transition to condominium ownership not individually, but on a building basis. Therefore, to carry out the transactions, the occupants of the building either choose one of them as an agent or can follow up the affairs through a real estate agent or real estate consultant.
WELL WHAT WILL CITIZENS DO IF THERE ARE NO CONTRACTORS?
1-If there is a residence permit but has not been transferred to condominium due to negligence
- Homeowners who live in a building with a housing license will issue their building residence permits to an agent from whom they choose a representative, or to a deed real estate agent with whom they have agreed.
- The relevant official will go to the municipality and present these licenses. The municipality will write a letter to the cadastre stating that a residence permit must be issued.
- The representative of the building will operate the building on the land deed map by submitting the relevant inscription to the cadastre.
- After this operation, the representative will go to the land registry office and receive the condominium deed by converting the “type of title” part from “land plot” to “building” in the condominium registry.
- Each stage will return to the citizen as a revolving capital charge. At each stage, the amount that will come out of the citizen's pocket will not be less than 350 liras.
- Citizens will pay a fine of 1,000 pounds if they do not carry out this operation within the additional period of 2 years, previously indicated on November 28, which is planned in the new bill. But it has not yet been clarified whether the 1,000 lira will be taken once or every year.
2-If the residence permit of the building has never been obtained
- If the building does not have a residence permit and the contractor cannot be reached, the owners of the building will convene and select a representative from among them or authorize a real estate consulting firm. But there will be no such situation as “The documents are with the contractor, so he will definitely not be able to obtain the residence permit and pay the penalty,” he will not be able to find the contractor.
- When the representative applies to the municipality, the municipality will not require a document from the citizen. The municipality will decide whether the project can be granted a residential permit by examining the building inspection reports and the project original. If the building meets the zoning requirements in its project or complies with the earthquake ordinance, the municipality will receive the documents that it must obtain from the contractor under normal conditions in writing to the relevant institutions, stating that “a residence permit can be issued”.
- In this context, the municipality will find out from the tax office whether building fees have been deposited, whether insurance premiums have been paid from SSK, whether water leaks have been found from İSKI, whether there is a problem with the fire and electrical systems from the fire and electricity systems, and whether the building's health and environmental suitability is. Then, after receiving a positive response, he will be able to coordinate with the land registry offices and issue a residence permit. But the correspondence that will pass between the municipality and these institutions will take both several months, and every debt and missing transaction that the contractor bypasses at these stages will be obtained from the citizen. That is, although citizens eventually receive a residence permit, they will be able to face a cost and waste of time at least 5 times the penalty they will pay if they do not receive a license.
3-If the building cannot be granted a residence permit
If, when the representative applied to the municipality, the municipality, which carried out the necessary inspections on the project, decides that this time the building does not meet the necessary zoning requirements as stated in the project or does not comply with the earthquake ordinance, then the homeowners will pay a fine of 1,000 lire because there is no contractor in the middle. However, even if citizens pay this penalty, the obligation to obtain a residence permit and switch to condominium ownership does not disappear. Since it is now impossible to demolish the building and restore it properly, the system is clogged here. Therefore, the expectation of the sector is that in the new bill the introduction of a “residential pardon” for such situations...
Why is a condominium deed requested?
Contractors receive a deed of floor height, which expresses the “right to use the land plot” before starting construction. When construction is finished, contractors need to obtain residential permits, which show that the buildings are in line with the project. When they receive the residence permit, the floor height is translated into a deed of condominium. But the property tax charged in this case increases by about 7 times. For example, for a two-thousandth of a place with a floor height of 20 thousand lira, the property tax is 40 liras, while when it is a condominium property, the value of the house increases to 150 thousand liras and the property tax to 300 liras. The aim of the new law is that higher property taxes can be levied in this way...
Contractor does not get a residence permit because he does not comply with the plan
Having to pay higher property taxes with a KAT title deed prevents contractors from obtaining a residence permit. However, the main problem in Turkey is the implementation of zoning plans that are contrary to the projects that many construction companies have approved to the municipality. For example, companies either build apartments in larger square meters than in the plan, or show the places they project as shared spaces as sections for sale. Therefore, contractors who do not receive a housing license from the municipality simply finish their project with a floor height deed and sell the apartments. Municipalities take away all infrastructure services, such as electricity and water, without checking whether these buildings have a housing license or
not.
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