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SPK KAPSAMINDA DÜZENLENEN GAYRİMENKUL DEĞERLEME RAPORLARINDA BULUNMASI GEREKEN ASGARİ HUSUSLAR

Posted on by ggd
ozel-sektor-gayrimenkul-degerleme

SERMAYE PİYASASINDA FAALİYETTE BULUNACAK GAYRİMENKUL DEĞERLEME KURULUŞLARI HAKKINDA TEBLİĞ

III-62.3)
(31/8/2019 tarihli ve 30874 sayılı Resmî Gazete’de yayımlanmıştır.)
Tebliğ değişikliklerine ilişkin liste:
1)18/7/2020 tarihli ve 31189 sayılı Resmî Gazete’de Sermaye Piyasasında Faaliyette Bulunacak
Gayrimenkul Değerleme Kuruluşları Hakkında Tebliğ (II-62.3)’de Değişiklik Yapılmasına Dair Tebliğ (III62.3.a) yayımlanmıştır.

ozel-sektor-gayrimenkul-degerleme

 Değerleme Raporlarında Bulunması Gereken Asgari Hususlar

1. Rapor bilgileri

a) İçindekiler

b) Raporun tarihi

c) Raporun numarası

ç) Raporu hazırlayanların ad ve soyadları

d) Sorumlu değerleme uzmanının adı soyadı

e) Değerleme tarihi

f) Dayanak sözleşmenin tarih ve numarası

g) Raporun, Tebliğin 1 inci maddesinin ikinci fıkrası kapsamında hazırlanıp hazırlanmadığına ilişkin açıklama

ğ) Değerleme konusu gayrimenkulün aynı kuruluş tarafından daha önceki tarihlerde de değerlemesi yapılmışsa, son üç değerlemeye ilişkin bilgiler

2. Kuruluş ve müşteriyi tanıtıcı bilgiler

a) Kuruluşun unvanı ve adresi

b) Müşteriyi tanıtıcı bilgiler ve adresi

c) Müşteri taleplerinin kapsamı ve varsa getirilen sınırlamalar

ç) İşin kapsamı

3. Gayrimenkulün yasal durumuna ilişkin bilgiler

a) Gayrimenkulün yeri, konumu, tanımı, tapu kayıtları, plan, proje, ruhsat, şema vb. dokümanları hakkında bilgiler

b) Gayrimenkul ile ilgili herhangi bir takyidat veya devredilmesine ilişkin herhangi bir sınırlama olup olmadığı hakkında bilgi

c) Gayrimenkul ile ilgili varsa, son üç yıllık dönemde gerçekleşen alım satım işlemlerine ve gayrimenkulün hukuki durumunda meydana gelen değişikliklere (imar planında meydana gelen değişiklikler, kamulaştırma işlemleri vb.) ilişkin bilgi

ç) Gayrimenkulün ve bulunduğu bölgenin imar durumuna ilişkin bilgiler

d) Gayrimenkul için alınmış durdurma kararı, yıkım kararı, riskli yapı tespiti vb. durumlara dair açıklamalar

e) Gayrimenkule ilişkin olarak yapılmış sözleşmelere (gayrimenkul satış vaadi sözleşmeleri, kat karşılığı inşaat sözleşmeleri ve hasılat paylaşımı sözleşmeler vb.) ilişkin bilgiler

f) Gayrimenkuller ve gayrimenkul projeleri için alınmış yapı ruhsatlarına, tadilat ruhsatlarına, yapı kullanım izinlerine ilişkin bilgiler ile ilgili mevzuat uyarınca alınması gerekli tüm izinlerin alınıp alınmadığına ve yasal gerekliliği olan belgelerin tam ve doğru olarak mevcut olup olmadığı hakkında bilgi

g) Değerlemesi yapılan projeler ile ilgili olarak, 29/6/2001 tarih ve 4708 sayılı Yapı Denetimi Hakkında Kanun uyarınca denetim yapan yapı denetim kuruluşu (ticaret unvanı, adresi vb.) ve değerlemesi yapılan gayrimenkul ile ilgili olarak gerçekleştirdiği denetimler hakkında bilgi

ğ) Eğer belirli bir projeye istinaden değerleme yapılıyorsa, projeye ilişkin detaylı bilgi ve planların ve söz konusu değerin tamamen mevcut projeye ilişkin olduğuna ve farklı bir projenin uygulanması durumunda bulunacak değerin farklı olabileceğine ilişkin açıklama

h) Varsa, gayrimenkulün enerji verimlilik sertifikası hakkında bilgi

4. Gayrimenkulün fiziki özellikleri

a) Gayrimenkulün bulunduğu bölgenin analizi ve kullanılan veriler

b) Mevcut ekonomik koşulların, gayrimenkul piyasasının analizi, mevcut trendler ve dayanak veriler ile bunların gayrimenkulün değerine etkileri

c) Değerleme işlemini olumsuz yönde etkileyen veya sınırlayan faktörler

ç) Gayrimenkulün fiziki, yapısal, teknik ve inşaat özellikleri

d) Varsa, mevcut yapıyla veya inşaatı devam eden projeyle ilgili tespit edilen ruhsata aykırı durumlara ilişkin bilgiler

e) Ruhsat alınmış yapılarda yapılan değişikliklerin 3194 sayılı İmar Kanunu’nun 21 inci maddesi kapsamında yeniden ruhsat alınmasını gerektirir değişiklikler olup olmadığı hakkında bilgi

f) Gayrimenkulün değerleme tarihi itibarıyla hangi amaçla kullanıldığı, gayrimenkul arsa veya arazi ise üzerinde herhangi bir yapı bulunup bulunmadığı ve varsa, bu yapıların hangi amaçla kullanıldığı hakkında bilgi

5. Kullanılan değerleme yöntemleri

a) Pazar yaklaşımı ile ulaşılan sonuçlar (uygulandıysa)

1) Pazar yaklaşımını açıklayıcı bilgiler, konu gayrimenkulün değerlemesi için bu yaklaşımın kullanılma nedeni

2) Fiyat bilgisi tespit edilen emsal bilgileri ve bu bilgilerin kaynağı

3) Kullanılan emsallerin sanal ortamdaki haritalarından çıkartılmış, değerlemeye konu gayrimenkule yakınlığını gösteren krokiler

4) Emsallerin nasıl dikkate alındığına ilişkin ayrıntılı açıklama, emsal bilgilerinde yapılan düzeltmeler, düzeltmelerin yapılma nedenine ilişkin detaylı açıklamalar ve diğer varsayımlar

5) Pazar yaklaşımı ile ulaşılan sonuç (sonuca ulaşırken yapılan tüm hesaplamaları içerecek şekilde)

b) Maliyet yaklaşımı ile ulaşılan sonuçlar (uygulandıysa)

1) Maliyet yaklaşımını açıklayıcı bilgiler, konu gayrimenkulün değerlemesi için bu yaklaşımın kullanılma nedeni

2) Arsa değerinin tespitinde kullanılan emsal bilgileri ve bu bilgilerin kaynağı, yapılan düzeltmeler, yapılan diğer varsayımlar ve ulaşılan sonuç

3) Yapı maliyetleri ve diğer maliyetlerin tespitinde kullanılan bilgiler, bu bilgilerin kaynağı ve yapılan diğer varsayımlar

4) Maliyet yaklaşımı ile ulaşılan sonuç (sonuca ulaşırken yapılan tüm hesaplamaları içerecek şekilde)

c) Gelir yaklaşımı ile ulaşılan sonuçlar (uygulandıysa)

1) Gelir yaklaşımını açıklayıcı bilgiler, konu gayrimenkulün değerlemesi için bu yaklaşımın kullanılma nedeni

2) Nakit giriş ve çıkışlarının tahmin edilmesinde kullanılan emsal bilgileri, bu bilgilerin kaynağı ve yapılan diğer varsayımlar

3) İndirgeme/İskonto oranının nasıl hesaplandığına ilişkin ayrıntılı açıklama ve gerekçeler

4) Gelir yaklaşımı ile ulaşılan sonuç (sonuca ulaşırken yapılan tüm hesaplamaları içerecek şekilde)

ç) Diğer tespit ve analizler (değerleme işinin gerektirmesi halinde)

1) Takdir edilen kira değerleri (analiz ve kullanılan veriler)

2) Hasılat paylaşımı veya kat karşılığı yöntemi ile yapılacak projelerde, emsal pay oranları

3) Üzerinde proje geliştirilen arsaların boş arazi ve proje değerleri

4) Boş arazi ve geliştirilmiş proje değeri analizi ve kullanılan veri ve varsayımlar ile ulaşılan sonuçlar

5) En verimli ve en iyi kullanım değeri analizi

6) Müşterek veya bölünmüş kısımların değerleme analizi

6. Analiz sonuçlarının değerlendirilmesi ve görüş

a) Farklı değerleme yöntemleri ile analiz sonuçlarının uyumlaştırılması ve bu amaçla izlenen metotların ve nedenlerinin açıklaması

b) Asgari husus ve bilgilerden raporda yer verilmeyenlerin neden yer almadıklarının gerekçeleri

c) Yasal gereklerin yerine getirilip getirilmediği ve mevzuat uyarınca alınması gereken izin ve belgelerin tam ve eksiksiz olarak mevcut olup olmadığı hakkında görüş

ç) Varsa, gayrimenkul üzerindeki takyidat ve ipotekler ile ilgili görüş

d) Değerleme konusu gayrimenkulün, üzerinde ipotek veya gayrimenkulün değerini doğrudan ve önemli ölçüde etkileyecek nitelikte herhangi bir takyidat bulunması durumları hariç, devredilebilmesi konusunda bir sınırlamaya tabi olup olmadığı hakkında bilgi

e) Değerleme konusu arsa veya arazi ise, alımından itibaren beş yıl geçmesine rağmen üzerinde proje geliştirilmesine yönelik herhangi bir tasarrufta bulunulup bulunulmadığına dair bilgi

f) Değerleme konusu üst hakkı veya devre mülk hakkı ise, üst hakkı ve devre mülk hakkının devredilebilmesine ilişkin olarak bu hakları doğuran sözleşmelerde özel kanun hükümlerinden kaynaklananlar hariç herhangi bir sınırlama olup olmadığı hakkında bilgi

g) Gayrimenkulün tapudaki niteliğinin, fiili kullanım şeklinin ve portföye dahil edilme niteliğinin birbiriyle uyumlu olup olmadığı hakkında görüş ile portföye alınmasında herhangi bir sakınca olup olmadığı hakkında görüş (Bu bentte, gayrimenkul yatırım ortaklıkları için III-48.1 sayılı “Gayrimenkul Yatırım Ortaklıklarına İlişkin Esaslar Tebliği”nin, gayrimenkul yatırım fonları için III-52.3 sayılı “Gayrimenkul Yatırım Fonlarına İlişkin Esaslar Tebliği”nin ilgili maddeleri kapsamında ve ilgili maddelere atıf yapmak suretiyle değerlendirme yapılması gerekmektedir.)

7. Sonuç

a) Sorumlu değerleme uzmanının sonuç cümlesi

b) Nihai değer takdiri

 

Bu değerin takdirinde aşağıdaki esaslara uyulması şarttır:

1) Peşin satış fiyatı esas alınarak, Türk Lirası üzerinden nihai değer takdirinin yapılması

2) Değerlemenin katma değer vergisi hariç yapılması ve ilgili katma değer vergisi tutarının da eklenerek toplam değere ulaşılması

3) Gayrimenkul projelerinin değerlemesinde, projenin değerleme tarihi itibarıyla tamamlanmış kısmının arsa değeri dahil Türk Lirası üzerinden değerinin takdir edilmesi, projenin değerleme tarihi itibarıyla bitirilmiş olması varsayımı ile Türk Lirası üzerinden yapılacak değer takdirine ise gerekirse bilgi amaçlı olarak ayrıca yer verilmesi

Rapor eki

a) Değerleme konusu gayrimenkule ilişkin tapu örneği, plan, proje, ruhsat, şema, fotoğraf ve bilgi ve belgeler

b) Gayrimenkule ilişkin sözleşmelerin (gayrimenkul satış vaadi sözleşmeleri, kat karşılığı inşaat sözleşmeleri, hasılat paylaşımı sözleşmeler vb.) örnekleri

c) Raporu imzalayan gayrimenkul değerleme uzmanlarının Gayrimenkul Değerleme Lisans belgelerinin örnekleri ve Türkiye Değerleme Uzmanları Birliği tarafından verilen Mesleki Tecrübe belgelerinin örnekleri

 

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