What you can and cannot do before title deeds

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
24/07/2011 09:16

The majority of owners on our complex have had their properties over 5 years. We still do not have our title deeds and I think it will probably be another 2 years before we get them. Because it has taken so long for parcellisation to be carried out, some owners have built lean to sheds in wood on their properties, other owners have put up pergolas and a couple of owners have covered over their outside terraces but leaving the sides open. Can anybody tell me if there are any rules on what is allowed? For instance in the UK, as long as it is classed as a temporary building, ie a wooden shed then planning permission is not needed. The same for covering a terrace, as long as you don't enclose the sides it would be ok, as you are not exceeding the original foot print of the plans. I am trying to find out what would happen during parcellisation to these properties who have built sheds etc. Any replies gratefully received.



The butlers wife

puppylover



Joined: 05/05/2008
Posts: 1427

Message Posted:
24/07/2011 09:58

I can give you our experience as we our at the final stage of parcellisation.



We have had our property for 5 years and in that time we have had a shed built and also a car port attached to the side of the house.

We have had the kocan for the land (only) for just over two years.

In the original plans our front terrace had wooden beams which 3 houses have covered with hard board and roof felting.

During the parcellisation inspection which took place about 8 weeks ago, the inspector passed everything including the roads, swimming pools, street lighting and green spaces but not the houses due to the covering of the 3 front terraces.



Our builder (one of the good ones) has told us that the inspector is due any time now to make a decision whether to pass the houses or not.

It has been explained to us that if they are not passed then we will have two choices.

One is to take the terrace covering off or the other is to leave them on, which will mean that the builder will have to

puppylover



Joined: 05/05/2008
Posts: 1427

Message Posted:
24/07/2011 10:01

resubmit the plans to include the covered terrace to the planning department.

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
24/07/2011 10:16

so when you do get your kohan you can do what you like and put up what you like ? ie pergolas sheds etc.,?

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
24/07/2011 10:27

Sienna

Broadly speaking, in private villas etc. 'yes'



But on a complex, (in my opinion) hopefully a set of rules would be laid down when the constitution for the place was drawn up, with a list of things that can and can't be done, ratified by the owners consortium, only my opinion though.

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
24/07/2011 10:35

Billybob yes you are right BUT is that a fact its a bit of a grey area

Panchocat


Joined: 29/11/2009
Posts: 1333

Message Posted:
24/07/2011 10:54

If the coverings on the terrace had been temporary ie: woven wicker there would be no problem. At least that is what we have been told. The problem arises when the roof becomes a permanent structure as with felt and tiles. It is then that Covered areas are taken into consideration. Neighbours have had to take the roof off the carport that they attached to their house as it was boarded and felted and also within the three metre boundary between them and a neighbouring property.

Linnyloos


Joined: 30/11/2008
Posts: 483

Message Posted:
24/07/2011 11:06

Could we have a window made into a doorway? We are only waiting for our final approvals.

puppylover



Joined: 05/05/2008
Posts: 1427

Message Posted:
24/07/2011 11:28

Linnyloos,



2 of the houses on our site had what were windows on the plans changed to patio doors and the visiting inspector did not pick up on them, but this was done at build stage so I am not sure what the correct answer to you question would be.



According to our builder, there should be no changes from the original plans until after parcellisation is carried out.

In our case we covered our terrace in the way we did and added guttering due to a major crack in our upstairs terrace and hoped that it would resolve a flooding problem on our lower terrace.

Although we have now resolve the problem of the crack upstairs, the covering added additional shade so we left it up.



If we have to take it down we will as our builder has worked hard to push for the parcellisation (even paid for it to be done himself as there is a long wait in that particular department) in order for us all to get our complete Kocan.

Linnyloos


Joined: 30/11/2008
Posts: 483

Message Posted:
24/07/2011 11:34

Thanks Judy. Will have to wait. As for the long wait, we've only waited 8 years

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
24/07/2011 12:02

Thanks for all your replies so far, puppylover your advice has been a great help. Can you tell me if adding these additions to ie putting a tiled roof over a terrace on one property will hold up the parcellisation of the whole complex or just that individual property? It would seem unfair to all owners if they could not get their deeds because say 2 owners have done things they shouldn't have. I cannot help thinking that all these problems would not arise, if only parcellisation and title deeds were done much sooner than the 5 years that people are having to wait





The butlers wife

puppylover



Joined: 05/05/2008
Posts: 1427

Message Posted:
24/07/2011 12:16

I am not 100% sure but as far as I am aware although there are 5 seperate outstanding issues on individual houses where we live, I am lead to believe that until a decision is made by the Inspector who has visited previously on how to deal with the issues, then the other houses may be affected in regards to deeds.



I would like to think/hope that those houses that have not carried out any additional works would not be affected by those that have as this would be unfair to them.



As I stated previously, if this were to be the case then we would take down the covering immediately as we would not want to cause upset for the other home owners.



I will ask our builder tomorrow on report back on what he has to say on the subject.

blade


Joined: 19/06/2010
Posts: 1286

Message Posted:
24/07/2011 14:24

You don't own the house until you have a kochan.

Don't spend a penny until you have that kochan in your name.

ozankoys


Joined: 20/06/2008
Posts: 905

Message Posted:
24/07/2011 15:12

Hi you are confusing 'Title Deed' (Kocani) with 'Final Approval' they are completely separate procedures not dependant on each other, i.e. you can have your Title Deed without the Final Approval & vice versa. The Kocan is issued by the Land Registry (Tapu) after your permission has been granted and taxes paid whereas the Final Approval is issued by the Planning Departments and Belediysi.

To receive Final Approval, as has been stated above, the property has to comply with the plans exactly i.e. no roof on anything that is shown on the plans as open but a garden shed would normally be allowed.

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
24/07/2011 18:37

ozankoys,



I understand what you are saying but I am talking about parcellisation which is completely different from final approval. Final approval has already been done when the properties were completed 5 years ago but parcellisation has not yet been carried out. Complexes need to be parcellised before title deeds can be issued and when they are

any additions to properties can stop the process.



The butlers wife

Panchocat


Joined: 29/11/2009
Posts: 1333

Message Posted:
24/07/2011 20:54

Has the law changed then?

We were told that parcelisation is stage 1 and then you then, have to apply for stage 2 which is having the house put on the plans.

We were led to believe that it was 2 separate procedures.

Help! Confused!

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
25/07/2011 12:46

I found this now under the Floor of easement law section seven

Quarmby


Joined: 15/09/2008
Posts: 975

Message Posted:
25/07/2011 14:10

How long does it normally take to get Final Approval ie house registered on land from the time you pay the Tapu their 92TL +incentive money?

cyprusairsoft



Joined: 22/06/2009
Posts: 2066

Message Posted:
25/07/2011 18:23

dont worry it will all change and its who you know wink wink



for an efes our man in catalkoy will pass it without coming out



last year new building regs allowed you to have another 50 sm of covered area

Quarmby


Joined: 15/09/2008
Posts: 975

Message Posted:
25/07/2011 20:32

Yes but how long does it take?

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
26/07/2011 08:44

Hi all,





There seems to be some confusion as to which order things happen concerning parcellisation and eventually getting title deeds. I am also interested in msg 19. "last year new building regs allowed you to have another 50 sm

of covered area" Where did this information come from and is it written down in black and white anywhere? Will it apply to complexes or just stand alone villas? Finally who is the man in Catalkoy, wink wink, is he a person you can pay to do the parcellisation for you, thus avoiding the long wait for the government inspector?



The butlers wife

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
26/07/2011 10:07

I know of two apartments where each have constructed patios as a permenant fixture disregarding rules/regs laid down by the owners not only this they either built over irrigation pipies or severed them.

Can anything be done ?

other wise it just leaves an opening for other add ons to be given the green light by other owners.

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
26/07/2011 10:55

It is very difficult to tell owners that they cannot construct pergalos, patios, sheds etc. I know. I have tried to advise people to wait but they feel they have waited long enough to do these things. A few owners are of the opinion that we will never get our title deeds and so why wait. You will always get this on a large complex, as everyone has their own idea of what they can and cannot do. Why make life difficult for these people who laid patios, surely a patio looks better than a weed infested bit of scrub land. If they broke pipes in the process, then send them a letter, asking them to contribute to the repair of the said pipes. These are small problems that have to be dealt with on a daily basis on a complex. These small problems are nothing to having lots of non payers as on other sites and lots of owners bickering amongst themselves on how the site should be run.



The butlers wife

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
26/07/2011 11:11

The patios that have been constructed certainly look pleasing to the eye. However the concerns are



the irrigation have been tampered with ?



The actual patio area where the patio area has been constructed comes under communal the communal area.



If a number of owners decided to construct and follow suit the the tiled area constructed could add to the damp issues as rain water would pool on the patios owing to the way of the build of the complex.



It only take a few owners to disregard the rules/regs agreed by all owners to upset the apple cart and this is what is happening, it makes a mockery of all of the hard work that goes into agreeing what is best for all on a complex by way of rules/regs.

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
28/07/2011 12:36

Hi Puppylover,





I was just wondering if you have had a reply from your builder, regarding the inspectors decision whether to pass the properties which have had additions added to them.





The butlers wife