What can happen with utilities, the title deed, loans and rentals when you buy a home without an occupancy permit (iskân)? A risk list based on the law's articles.
“It has no occupancy permit, but the price is good” is a sentence often heard, especially in holiday regions. The occupancy permit (iskân), officially the building use permit (yapı kullanma izni), shows that the administration has determined that a building was constructed in accordance with its permit and annexes and that there is no technical objection to its use. We have summarized, based on the legislation, the kinds of problems you may face when buying a home without this document.
What is a building use permit and who issues it?
Under Article 30 of the Zoning Law, when a building is fully completed, or when parts of it that can be partly used are completed, a permit is mandatory before use, from the municipality or governorship that issued the construction permit. The administration must conclude the owner's application within thirty days at the latest. The law also states separately that the permit given does not relieve the building owner of responsibility arising from violating the law, the permit and its annexes.
Risk 1: Electricity, water and sewerage
Article 31 of the Zoning Law is clear: buildings for which a use permit has not been granted or obtained are not supplied with electricity, water and sewerage services and facilities until the permit is obtained. Independent units that have obtained a use permit are supplied with these services. In practice you may come across temporary subscriptions, but you should know that the lasting solution is the permit.
Risk 2: Remaining a condominium easement in the title deed
Under Article 3 of the Condominium Law, a condominium easement is converted into condominium ownership on the basis of the building occupancy permit issued for the whole building. If there is no permit, the apartment may remain a condominium easement in the title deed for a long time. This may raise questions later in a sale or a loan assessment.
Risk 3: Zoning violation and the title deed annotation
Under Article 32 of the Zoning Law, when an unpermitted building or one contrary to its permit is detected, the building is sealed, construction is halted and the violation information is notified to the land registry office within seven days at the latest, to be entered in the annotations section of the title deed. This record cannot be removed until the administration notifies that the violation has been remedied. For this reason, always read the annotations section of the title deed record.
Risk 4: Short-term rental permit
An important detail for those planning to rent out their holiday home on a daily or weekly basis: in the Ministry of Culture and Tourism's announcement on applications for the tourism rental permit, the documents requested include a “building registration certificate / building use permit issued for residential purposes”. Obtaining a permit may become difficult for a residence that has none of these documents.
Zoning amnesty and the building registration certificate
Under provisional Article 16, added to the Zoning Law in 2018, a Building Registration Certificate (Yapı Kayıt Belgesi) could be issued for unpermitted buildings or buildings contrary to their permit built before 31/12/2017, provided that application was made in time and the registration fee was paid. According to the law, this certificate relates to the intended use of the building; water, electricity and natural gas may be connected temporarily, on request, to buildings that obtained the certificate.
The same article provides that, in buildings with a building registration certificate, if all owners consent and the parts that fall within public service areas in the zoning plan are surrendered, a change of type and condominium ownership may be established by paying twice the fee, without requiring a building use permit. A building registration certificate is not an occupancy document; if the home you are going to buy has such a certificate, examine separately its scope and which parts it covers.
Checklist before buying
- Title deed record: The nature, condominium easement / condominium ownership status and the annotations section.
- Municipal archive: Whether there is a construction permit, an approved architectural project and a building use permit.
- Conformity with the project: Whether changes such as an enclosed balcony, an added floor or an attic floor appear in the project.
- Utilities: Whether electricity and water are connected permanently or temporarily.
- Building registration certificate: If there is one, the date of the certificate, the area it covers and its intended use.
- Whole building: Whether the permit was obtained for the whole building or only for some sections.
- Your intended use: If you plan a loan, a rental or a short-term rental, which documents the relevant institution requires.
What does the price advantage compensate for?
The lower price of a home without an occupancy permit is the counterpart of the uncertainty the buyer takes on. Part of this uncertainty (utilities, transition to condominium ownership, rental permit) can be resolved over time; part of it may not be resolvable because of the portions of the building that violate zoning legislation. Municipal records show which one you are facing; the seller's verbal statement alone is not sufficient.
Conclusion
The occupancy permit is the document that a home is “officially completed”. If it is missing, the reason, whether the deficiency can be remedied and its cost should be clear before the purchase decision. Aktif Emlak can help you compile the permit and occupancy information for a home you are interested in in the Edremit Gulf from the municipality.
