Topics To Be Considered When Have A Property in Turkey

 

The most important issue to be concluded in the purchase of real estate is the choice of location. When deciding where to buy real estate, it is very important whether it is treated with investment or residence and settlement motive. In some requests to acquire real estate, the only motive is to invest. In the case of the desire to acquire real estate for residential and residential purposes, it has the motive to invest even if it is at a lower level. For selection of place in purchase requests based on investment motive only; The structure of the real estate's land, region, zoning opportunities, size, development status and potential of the region where the real estate, climate and ease of sale issues will be examined. In addition to the above, the social and cultural opportunities, natural beauties, crowded and noise pollution and security issues of the region where the real estate is located will also have an impact on the choice of location in the desire to acquire real estate based on residence and settlement motive.

Once the site is selected and price appropriateness is ensured within a certain range, only the real estate-specific issues that may change the direction of purchasing decisions will need to be investigated and examined. It is very important to investigate and examine these issues which are tried to be explained in the following articles and to reveal their effects on real estate. Many people who want to buy real estate do not have the opportunity to conduct researches and investigations described in the following articles and draw conclusions from the information obtained. In this respect, it seems to be the most convenient way to get services from real estate appraisal institutions in real estate purchases.

1. Land Registry: A number of restrictive records that may be included in the land registry may directly affect the value of the property. Real estate should not be purchased without learning the legal consequences.

2. Current Zoning Status: The current zoning status of the parcel to be purchased must be learned. Rights such as building floor area and building height provided by the zoning plan valid in the past may be reduced by the current zoning plan. In this case, when the building on the real estate to be purchased is demolished, a new building with the same building area cannot be constructed. The parcel of the real estate to be purchased may also be included within the scope of an area that cannot be constructed with the current zoning plan. In such a case, if the expropriation is not made within a short period of time, when the structure on the parcel is demolished, it will not be replaced.

3. Zoning Application: The parcels in the areas with the application zoning plan are subject to zoning arrangement and regulation partnership share deduction and thus become ‘the land’. Accordingly, when buying real estate from places where there is no zoning arrangement, it is necessary to investigate to what extent the share of regulation partnership may be deducted. The area of some parcels may shrink to an extent that it cannot be an independent development parcel after the shareholding of the regulation partnership. In this case, it will be necessary to combine the parcel in question with another parcel on the side and the construction rights of these parcels alone will be eliminated.

4. Conservation Area: It should be investigated whether the real estate has any relation with the protected areas or protected buildings and monumental trees. The real estate can be located within the protected area or the protected parcel can be found on the parcel of the real estate or monumental tree. Parcels adjacent to a protected parcel or facing the protected parcel may be under protection even if they are located outside the protected area. For the applications in these parcels, it is necessary to take decisions and approvals from the relevant regional protection boards, which creates additional workload and additional costs in construction, maintenance and repair processes.

On the other hand, in these areas, the right of construction and height may be mentioned below the zoning plans. For these reasons, it is necessary to get information from the relevant regional protection boards for the real estates located in or around protected areas and protected structures and monumental trees.

5. Coastal Belt: It should be taken into consideration that the right of construction of the sea and natural lakes in the parcels within the coastal belt covering at least 100 meters wide area horizontally starting from the coastal end line is very limited.

The landmark for real estates within the coastal zone is July 11, 1992. Prior to July 11, 1992, the constructions made in accordance with the zoning plan and / or legal regulations in force and located within the coastal belt and having a type change or a building license have acquired rights. However, the acquired rights of some of these structures are valid until the end of their natural life span. If these structures are demolished, new structures will not be replaced as before.

6. Architectural Project: It is important whether the structure is suitable for the architectural project. If there are any changes in the structure contrary to the architectural project, their size and shape should be checked. It should be investigated whether the magnifications made in the structure can be easily eliminated. Real estate should not be purchased if there are changes that have reached the size of demolishing and disrupting the structure of the carrier.

Although it is not shown as an add-on in the title register, there may be add-ons such as warehouse, charcoal, laundry, which are reserved for the use of independent sections with an interconnection (stair, passageway etc.) shown in the architectural project. Although it is the right way to show the add-ons in the declarations section of the title deed register, there is no legal problem in the specificization of an independent section with the architectural project. Such add-ons can increase the value of the property.

7. Management Plan: Management plan; regulates the issues related to the purpose and method of use of the main real estate on which floor easement or condominium has been established and the management of the main real estate. The management plan and the changes made to the management plan connect all the landlords and their heirs. With the management plan, some independent departments may be granted privileges to use common areas. Or add-ons may be specific to some independent sections with the management plan. Such arrangements made with the management plan may be for the benefit of the independent segment that is intended to be purchased or may be at a loss. In this respect, it would be useful to review the management plan before the purchase.

8. Building Permit and Building Use Certificate: For real estates with buildings, the building permit and building usage certificate should be checked. For buildings that do not have a license, it should be investigated whether a license can be obtained or not, and the costs of obtaining a building license should be learned for the structures that can be connected to the license. For structures that cannot be licensed, payment should not be made. Furthermore, the amount to be spent for demolition and removal of unlicensed and unlicensed buildings must be deducted from the land value of the real estate. If 5 years have passed since the date of the building permit, if a building use certificate has not been obtained, the building license must be re-obtained to obtain a building use certificate, and the related costs must be taken into consideration.

Buildings that do not have a building license despite having a building license may be affected by the changes made in the zoning plan. For this reason, the date of commencement of the building and the date of change of the zoning plan should be compared. The structures started after the change of the zoning plan may not have acquired rights in the face of the change in the zoning plan.

9. Basement Visa: It is one of the most important of the visas taken regarding the structure. This is the suitability for starting construction after foundation excavation, after foundation molds and laying of irons and before the foundation concrete is poured. It is inspected whether the foundation of the structure is correctly seated according to the application sketch and drawing distances and whether the iron construction is suitable for the application project; a basic visa is issued, if appropriate, or upon its availability.

According to Article 29 of the Development Law no. 3194, it is obligatory to start construction within two years after obtaining the building license. The starting date of the construction is the day on which the basic visa is obtained. If the basic visa is not obtained within two years, the building license becomes invalid. In this case, if the completion period of five years has not passed, the building license is renewed. If the five-year period has passed, a new building license will have to be obtained.

There is no need to search for a basic visa for buildings with a building use certificate, as a building use certificate cannot be obtained without a basic visa. However, there may be problems in the adaptation of the buildings on the parcel to the withdrawal distances on the parcels, even though there is a building license, but no building use certificate and a basic visa have been obtained. These problems can reach to the dimensions of sealing the structure and, moreover, the decision of destruction.

On the other hand, if a five-year period has elapsed since the date of the building license and the basic visa has not been issued and changes have been made in the zoning plan, losses may have occurred about the structuring. For example; If the building visa is not issued within two years after obtaining the building license and the building is designated as a green area with the change in the zoning plan, the right of construction will be abolished.

On the other hand, if a five-year period has elapsed since the date of the building license and the basic visa has not been issued and changes have been made in the zoning plan, losses may have occurred about the structuring. For example; If the building visa is not issued within two years after obtaining the building license and the building is designated as a green area with the change in the zoning plan, the right of construction will be abolished.

10. Type Correction: It is the process of showing the structures or planted trees on the real estate and the usage form of the real estate in the land registry. The transition to condominium is also a correction process. The buildings, such as houses, factories, hotels and trees located on the parcel are corrected and registered to the land registry. It is easy to determine whether or not the type has been made by looking at the “main real estate quality” section on the title deed. In this chapter; “Ten-storey apartment and land apart", "house, garden house”, “olive oil factory and field”, “hazelnut garden” if there are definitions, the type is made of correction. Only definitions such as “field” and “plot" indicate that the correction has not been made.

The type changes related to the buildings are made based on the building usage document or without looking for a document with the first installation cadastre. The current status of the first installation cadastre and the buildings that have been corrected with the genus should be compared with the plans (sketches) in the cadastral directorates showing the floor and floor number of the buildings on the parcel. If there is a mismatch between the structures and additions shown in the cadastral plan and the structures and additions on the real estate, the incompatible parts were subsequently made unlicensed.

Apart from the initial installation cadastre, although the type changes had to be made based on the building utilization certificate, typeing procedures could be performed without the building utilization certificate in the past. For this reason, it is necessary to investigate whether there is a certificate of occupancy for real estates that have been typeed apart from the initial installation cadastre. It is necessary to compare the current structure of the real estates that have been subjected to type correction without a building usage certificate and the structure subject to type correction. For this purpose, plans that are arranged during cadastre management and during typing procedures should be examined. If no such plan exists and the building license cannot be reached, the structure of the real estate is illegal.

Structures made after genus correction can also be encountered. For this reason, it is necessary to investigate whether the structure on the real estate is the subject that is subject to typeing, or whether it is a newly constructed structure after the collapse of the subject subject to typing. Subsequent to the revision of the genus, the buildings that were demolished instead of the demolished buildings, without building permits and approved architectural projects, are illegal buildings.

11. Land Share: When buying independent units such as flats and offices located in the main real estates where floor easement or condominium ownership has been established, the land shares of these independent sections should be taken into consideration. The purchase of independent sections which do not have a share of the land in proportion to the position and size of the main real estate should be avoided.

12. Environmental Settlement: The values ​​of the commercial and residential real estates in the environment may have increased due to the mobility created by a single structuring with schools, hospitals, shopping malls and similar uses. Activities related to this structure which increase the value of the real estates around them may be desired to move to other places in time due to lack of space or more favorable conditions. If the mobility in the environment will be significantly reduced as a result of such a move, it is possible that there will be a decrease in the value of the surrounding real estates. Changing the crossing points of the inter-city highways may also lead to significant reductions in the value of commercial-use properties on this road. In this respect, it is necessary to be cautious when purchasing real estates with increased value due to a single structure or road in the vicinity.

On the other hand, possible future structures around the real estate to be purchased may cause a decrease in the value of the real estate to be purchased. In the event that a building to be built in front of a residence with a sea view will close the sea view, the additional money to be paid for the sea view will be wasted.

Information should be obtained from the market and the relevant municipality on issues such as decrease in the mobility in the vicinity of the real estate that will be purchased due to the reasons explained, or new structures. This information may directly affect the value of the property.

13. Earthquake Resistance: Whether there is a construction project of the real estate to be purchased, whether ground inspections are made or not, whether the structure of the real estate is earthquake resistant is important. It can be said that the ground inspections of the structures made after the Regulation on the Buildings to be Constructed in Disaster Regions, which entered into force on 01.01.1998, are generally made earthquake resistant. In addition, the experts of the real estate appraisal institutions in the on-site examinations of the real estate; whether there is water and moisture in the basement of the structure, whether there are cracks in the structure, whether the columns are thicker than the beams, and whether there is damage to the columns and beams. The valuation reports containing this and similar information will provide a preliminary information about the property.

However, it is beyond the competence of real estate appraisal organizations to determine whether a building is earthquake resistant. For this, you need to get services from organizations that specialize in earthquake resistance.

14. Real Estate Tax: One of the important issues that building, land or land areas should take into consideration is the principle of collective (chained) responsibility in real estate tax. In Article 30 of the Property Tax Law No. 1319; "The transferring and acquiring persons are jointly responsible for the payment of the unpaid real estate tax for the year in which the sale, transfer and sale of the building, land and land is transferred and for the previous years. The transferee has the right to ask the transferor for the amount of the previous tax debt that he had to pay.

Accordingly, there may be an unexpected additional payment after the purchase of the property. The relevant municipality may ask for the unpaid property tax debts of the real estate from the new owner of the real estate for years. If the person who sells the property is not willing to pay past tax debts, there is no other way than to apply to the person who sells the property in order to receive the additional tax payment. In order to avoid such situations, it is necessary to investigate whether the property concerned owes unpaid property tax before the purchase is completed.

15. Dues and Common Expenses: Apartment or site fees, additional payments that may be required for the maintenance and repair of common use areas should be learned in advance. Although they do not determine the value of the property one to one, it is not generally desirable to have high dues and common expenses. On the other hand, the facilities and services offered in return for dues and common expenses may increase the attractiveness of the real estate. It will be useful to learn and know these issues in advance.

16. Value: There is no doubt that the people who will buy the real estate will do or have the necessary and sufficient researches about the price. On the other hand, it may be useful to review the price in the light of the data obtained as a result of the researches and examinations to be done on the above-mentioned issues.