A person living in İzmir was asked to pay 1425 lira sewer infrastructure contribution by the İzmir Water and Sewerage Administration General Directorate (İZSU) for the flat he bought 2 years ago.

Thereupon, the owner of the flat objected to the General Directorate of İZSU, claiming that the first building permit for the building was given in 2012, the occupancy permit was issued in 2015, and the sewerage system was completed in 2016.

Upon the unsuccessful appeal of his objections, the person who paid the participation fee applied to the KDK so that no legal action could be taken against him. The owner of the flat claimed that the addressee of the “debt that must be paid within 6 months at the latest” in 2016, when the infrastructure was completed by İZSU, was the owner of the real estate at that time, and demanded the return of the 1425 lira that was unfairly collected.

Deciding that it is against the law to request the participation fee from the new owner who bought the real estate in 2020, the KDK made a recommendation for the return of the participation fee.

In the decision, according to the legal regulations and judicial decisions, the accrual process will be made on behalf of the real estate owners on the date of service, after the service is completed and offered to the public, even in case the ownership changes hands, the real estate owners who give a commitment instead of the new owners, whose name is on the receipt, are the addressee of the participation share. will be stated.

In the decision, it was pointed out that the remaining part of the channel contribution share of the sewerage work, which was signed through a notary public and was finalized in the same year, should be taken from the owner of the real estate who gave the undertaking on the relevant date, it was noted that it is not lawful to collect the participation share from the person who bought the real estate in 2020.

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