Turkey Land Law


Amendment To Turkish Zoning Law For Guidance and Summary 2020

Building Heights Will Not Be Freely Determined In The Turkish Land Zoning Plans.Update For Turkish Land Zoning Law in the Official Gazette

The law, which includes valuable housing tax and significant changes in the zoning law, was published in the Official Gazette and entered into force. Residential property worth up to TL 5m will not be subject to "valuable housing tax." General Directorate of land registry and Cadastre value determination application will be terminated, property tax law determined according to the tax value of the building will be based on

  • The law on changes in Geographical Information Systems and some laws was published in the Official Gazette and entered into force.
  • According to the law, the sharing, access and use of the geographical data contained in the National Geographic Data responsibility matrix between public institutions and organizations will be free of charge, according to the National Geographic Data Sharing Matrix.
  • Domestic-foreign real and private law an arrangement shall be made for legal persons to collect, produce, share and sell the geographical data in question, and an administrative fine shall be determined in case of failure to comply with these regulations.
  • Toki will be authorized for applications in areas created by the former Ministry of Public Works and settlement before the date of the law amending the slum law and in areas created or to be created by the Public Housing Administration (Toki) according to the slum law within or outside the municipal boundaries after the date of the law in question.
  • The relevant municipality will be authorized for applications in areas created or to be created by municipalities according to the slum law. Municipalities will exercise these rights, powers and duties by the hands of competent bodies. Implementation of this law in metropolitan cities, metropolitan municipalities will be coordinated by the district municipalities.
  • By Turkey immovable property subject to sale and lease contracts (excluding, in the case of the occupation of land owned by natural or legal persons, Toki to ask for adequate payment, collection and application procedures for the evacuation of the immovable or ecrimisil by the General Directorate of national estate will be authorized to enforce.
  • 50 percent of the amount collected for the eviction of ecrimsel and real estate Turkey to be taken under the law on land production and Evaluation will be recorded as income in the general budget and 50 percent will be transferred to the head of Public Housing Administration by the end of the month following the collection.
  • Copies of the finalized plans will be sent electronically to the Ministry of Environment and Urban Planning and uploaded to the electronic archive media by the relevant administration. Thus, the burden of loading documents into a structure similar to the Spatial Data Archive system (MVAS) of the provincial units of the Ministry will be reduced.
  • Plans, plan changes and plan revisions will receive "plan transaction number" through e-plan automation system and the numerical data of the plans will be collected in this environment. Thus, it is planned to increase the accessibility of plan data and to perform controlled and accurate monitoring and archiving operations.
  • In order to be informed of the approved zoning plans by the rights holders and the public, the announcement that the plan has been suspended and the announcement that the change has been made will be informed by signage in the area.
  • Will be able to prepare urban design projects together with application development plans.


Limit to building heights

In order to ensure the continuity of the zoning plans and zoning applications, not to restrict the property rights and to ensure the stability of the Administrative Operations, a lawsuit can be filed against the finalized plans and parcel plans within 5 years from the date of finalization.


Building heights will not be freely determined in the Turkish land zoning plans

  • Industrial areas in Turkey, places of worship, fields and silo structures for agricultural purposes excluding free was identified as the heights, in considering the precedent value of existing organizations and the silhouette in the surrounding area without modification, to the zoning plan changes/revisions by making the relevant administrative decision can be determined by council. In this way, heights not determined by the related administration will be determined by the Ministry to cover the costs from the revenues of the Revolving Fund Enterprise. More than 100 percent of the costs will be collected from the related administration.
  • The boundaries of the Metropolitan Municipality is the provincial border because of the neighborhood and the population of the 5 thousand places that remain below, whether the rural settlement property continues to be decided by the Metropolitan Municipality council.
  • Since special provincial administrations were abolished and Turkey villages in Büyükşehir were transformed into neighborhoods and mukhtars were now into neighborhood headmen and these areas were included in the service area of the district municipalities, special provincial administration and duties of the mukhtars will be carried out by the district municipalities.
  • In case of cancellation of zoning applications by court decision, a suitable place will be allocated by the administration within the application area provided that the consent of the owners of the parcel subject to the lawsuit is obtained. In case of absence of agreement, the value of the real estate shall be paid at the fair price after the deduction of the share of the partnership arrangement in the application, taking into account the place of the claimant right holder in the root parcel.


Governor's office will approve housing projects in villages in Turkey

  • The projects of the houses and structures to be constructed in villages and hamlets will be approved by the governor's office and then notified to the head office. The structures contrary to the project will be forwarded to the governorship by the applications.
  • The boundaries of the rural built-up area and surrounding areas will be determined by the decision of the Istanbul Metropolitan City Council on the proposal of the district municipal council in places where the municipal boundary is the like Antalya provincial boundary, and in other places by the decision of the Provincial General Assembly.
  • In cases where there is no contrary provision in the approved upper level plans, the areas which are at risk of disaster such as flood, landslide and rock fall within the boundaries of the built-up area of the village and the main roads and widths of the village which are inconvenient for construction on sanitary and geological aspects, the municipal boundary on the existing map or Cadastral sheets
  • For the determination of the boundaries of the rural settlement area and its surroundings and for the structures that can be made in these areas without a license, the survey, project, picture, fee, revolving fund fee and under any name shall not be charged for the project compliance opinion.
  • Projects of buildings requiring advanced design methods and technologies will be carried out under the supervision of engineers with sufficient expertise within the framework of the regulation issued by the Ministry of Environment and Urban Planning Turkey.
  • The information that the construction of the building which was halted on the grounds that it started without a license or contrary to the license and annexes is contrary to the zoning legislation will be notified in writing to the land registry office by the relevant administration in order to be recorded in the declarations section of the land registry.
  • Without notification to the Turkey land registry office by the relevant administration for the removal of the discrepancy, the registration in the Turkey House of declarations will not be removed.
  • A copy of the notification regarding the suspension of the structure left to the application will be sent to the Provincial Directorate of Environment and Urbanism.
  • The buildings that are not demolished within 2 months and the buildings that are not demolished within 6 months, although the demolition decision has been taken, can be demolished or demolished by the Ministry of Environment and urbanization in order to cover the demolition costs from the revolving fund management revenues. Demolition costs will be 100 per cent more than charged to the respective administration.
  • In case it cannot be collected in this way, the special provincial administrations and municipalities will be collected by cutting their share transferred in accordance with the law on the provision of a share of the General Budget tax revenues. The amounts collected will be recorded as income in the ministry's revolving fund management account.
  • Penalties were also imposed on the overseers of the structure who did not fulfill the obligations or acted contrary to the relevant articles.
  • The administrative fine to be issued for violations in the structures subject to the license for agricultural and animal husbandry purposes will be applied not less than 1000 liras.
  • The owner of the building, the building contractor or the related (insurance) fenni liability who does not inform the administration of the violation within six working days, without obtaining a license or in violation of the license, the octet of the license or the construction legislation, the property in Turkey status of the building, the Turkish property, the condition, the nature and class of the area, the impact on the The same penalty will apply for buildings in Turkish villages and hamlets that do not require a license.
  • The structure of the classes and groups determined by the ministry over the construction area calculated according to the legislation of the breach of violation administrative penalty for each square meter of the plot area with the plot of the legislation in the subject field by the unit value multiplied by the square meter of real estate property taxes principally in administrative fines will also be added to the price up.


Zoning plan changes in Turkey that increase the height of the building will not be made

  • Changes to the Plan shall be made in accordance with the characteristics of the settlement, provided that the main decisions, continuity and integrity of the plan do not disturb the balance of the social and technical infrastructure and that the technical justifications are provided. The social and technical infrastructure Impact Assessment Report, which includes needs analysis, will be prepared and submitted to the administration to approve the plan.
  • On the basis of parcel; population, building density, floor number, building height increases the zoning plan changes can not be made.
  • Of no less than a thousand square feet in the island; the name on the basis of population structure, density, floor number, building height increase function of bringing cultural changes needed in the plan or a change in facilities, the use of social and technical infrastructure, will have to be a 500 yard radius from the centre of the island in Turkey.
  • As a result of the change in the zoning plan to be made on the basis of the island upon the request of all the real estate owners, all of the increased value of the land, which has an increase in value, will be taken as a share of the increase in value.
  • Determination of the increase in the value of the real estate in Turkey with the change of the zoning plan shall be determined by the asset appreciation commission established by the administration, not less than the average new value determined by the determination of the value of the (plot zoning) Imar plan conditions specified in the plan change disclosure report by at least two licensed real estate valuation organizations authorized by the
  • The increase in value will be paid by the real estate owners at the latest at the first sale of the real estate or at the stage of the license. The increase in the value determined by the asset appreciation Commission Turkey shall be applied for each calendar year at the date of payment by increasing the revaluation rate determined and announced for the previous year, effective from the beginning of the calendar year.
  • Where the Turkey real estate is subject to an increase in value, it will be explained to the land registry. Except for license renovations, provided that the precedent, construction site, building height and purpose of use are not changed, building licenses cannot be issued without the payment of the increase in value share.
  • 25 percent of the amounts deposited in the provinces of the Metropolitan Municipality to the relevant account of the Metropolitan Municipality, 25 percent to the relevant account of the relevant district municipality, 25 percent to the special account of the Ministry of transformation projects, 40 percent in the provinces that are not Metropolitan Municipality to be opened in the administration approving of the change.
  • 75 percent of the increase in value resulting from the change of the Turkey zoning plan approved by the ministry to the Turkey Ministry's conversion projects special account, the remaining value increase share; 15 percent of the Metropolitan Municipality in the provinces of the relevant account, 10 percent to the account of the relevant district municipality; in non-metropolitan areas, the remaining value increase share other than the
  • In Turkey 25 percent of the remaining value increase share in the Turkish provinces where the Metropolitan Municipality is, 30 percent of the remaining value increase share in non-metropolitan cities, and the increase in value resulting from the change in the zoning plan approved by the ministry, if the change in the zoning plan is approved by the other general budget administrations, the entire value increase share will be recorded
  • Plans or plan changes to be made in areas covered by the law on the conversion of areas under Disaster Risk, areas under public investment and public ownership, areas belonging to fair and annexed foundations, and heights designated as free (new) in zoning plans will not be applied in the plan changes to be made in accordance with the regulation on the principles of
  • Under a temporary clause added to the zoning code, the free designated Heights contained in the plans will be replaced by July 1, 2021. If the necessary regulations are not made by the relevant administration, the building license will not be issued without changes.


Empowerment to structures where reclamation is possible

  • In buildings that have been damaged but are determined to be able to reclamation, additional construction area is not created, provided that the strengthening decision can be made according to the condominium law.
  • Permission to strengthen these structures will be granted by the relevant administration in accordance with the strengthening project, without being subject to the conditions and restrictions stipulated in this law and other relevant legislation. If the property of the real estate on which the building is to be strengthened is owned by the municipality or the Treasury, it will not be strengthened unless the real estate is purchased.
  • If the building to be strengthened is encroached on the Turkish real estate belonging to third parties, the consent of third parties who are encroached on the real estate will be sought for the strengthening. The strengthening works and operations to be carried out will be subject to the supervision of the building supervision agencies within the scope of the law on building supervision.
  • Administrative and criminal sanctions will be applied to those who are found to have failed to perform their audit duties within the scope of this article.
  • In the event that the buildings that are authorized to be retrofitted are demolished for any reason, the provisions of the plan and legislation in force will be applied for the buildings that will be rebuilt in these areas.
  • These provisions will not apply to structures covered by the law on protection of cultural and natural assets.
  • The amendment to the slum law will remove the conflict of authority between Toki and municipalities in slum areas.


Regulation of valuable Turkish housing tax

  • Residential property worth up to TL 5m will not be subject to "valuable housing tax." Determination of value by the General Directorate of land registry and Cadastre application will be terminated, the tax value of the building determined according to the property tax law will be based on.
  • Of the Turkish residential properties owned by the Toki presidency, those who have one residence and those who have more than one property that is covered by the value of the property, the lowest value of the property will be exempt from the value of the property tax.
  • The value of 5 million to 7.5 million lira between the houses, 5 million lira for the portion exceeding 3 thousand; the value of 7.5 million to 10 million lira between the houses, 7.5 million lira for 7 thousand 500 lira, for the portion exceeding 6 thousand; the value of 10 million lira for the houses more than 10 million lira for 22 thousand 500 lira, for more than 10 thousand
  • The total value of the residential Turkish property will be based on the calculation of the base on shared property in Turkey and hand-held property.
  • The levy on the precious housing tax will apply from the start of 2020. There will be no declaration for 2020, no tax will be accrued in 2020. The president will be authorized to extend the terms contained in this provision to 1 year.
  • The levy on the precious Turkey housing tax will start from early 2021. The values determined by the Turkish General Directorate of Land Registry will not be taken into account before the law on making changes to Turkish Geographical Information Systems and some laws in the implementation of the valuable housing tax.
  • The buildings which were decided to be demolished before the law came into force but not demolished by the relevant local authorities will be demolished by the Ministry of Environment and Urban Planning after the law comes into force.


Turkish Development Plan decision on the shores of the national gardens can be made

  • According to the amendment to the Turkish law and the coastal code, there will be no recreational pier in areas where the coast is sandy or gravel, for activities such as going to sea, sunbathing, amateur water sports.
  • However, in cases where the coast is rocky or the coast is sandy or gravel, it is not possible to benefit from the water area in any other way due to its nature, recreational Piers not exceeding three meters in width and not having the nature of a platform can be established.
  • The principles and procedures related to this shall be determined jointly by the Ministry of Culture and Tourism and the Ministry of Environment and Urbanism in the areas covered by the law on promotion of Turkish Tourism, and in other areas by the Ministry of Environment and Urbanism.
  • Turkish Nation gardens can be created with the decision of the development plan on the shores.
  • In Bitlis Ahlat, in the region whose borders and coordinates are shown in the law and which is subject to the Coastal Law, official institution areas can be made with the decision of the zoning plan.
  • The buildings that retain village status, including those within the municipal boundaries, which remain on the coastline of the village settlement areas and which were built before 11 July 1992 in accordance with the legislation of the date of construction, will be preserved in their current form.
  • These structures can be used by strengthening for life and property security by changing and repairing the facade suitable for the region, provided that condominium is not established and does not constitute any significant rights and the existing contour and gabari height is not exceeded. No new structures will be built in the remaining parts of the coastal areas of this type of village settlement.


Turkish Regulation on administrative sanctions and fines

  1. According to the amendments to the act on construction supervision, construction supervision service fee to be paid to the Turkish agency, industrial zones, technology development zones, industrial zones, free trade zones and industrial estates within the limit approved for all buildings not to exceed 30 percent discount will be applied.

  2. By law, administrative sanctions and administrative fines for those who fail to comply with the legislation have also been revised.

  3. Accordingly, the Ministry of Environment and Urban Planning, the Turkish construction supervision companies that do not act in accordance with the legislation, on the proposal of the Provincial Construction Supervision Commission may be banned from taking new work for 1 year.

  4. Turkey Building audit establishment partner or other professional and construction work while working in commercial activities or laboratories partner or the partners of the building audit establishment, auditor architects and engineers and other technical staff will be given an administrative fine of 10 thousand TL.

  5. The partners of the building supervision agency who are banned from taking new jobs will not be able to take a technical position in any building supervision or laboratory establishment for three years while the partners of the building supervision agency who are sentenced to cease operations will not be able to be partners of any other building supervision or laboratory establishment.

  6. The auditor architect and Auditor engineers and other technical personnel, whose records are kept by giving rise to the application of three administrative sanctions within the scope of three separate technical review reports to the building supervision agencies, shall not be able to take a technical position in any building supervision or laboratory establishment for three years, nor shall they be able to partner with any other building supervision or laboratory


Laboratories applied fine 19 thousand TL will be removed

  • The laboratory establishment will be given a warning penalty for any discrepancies identified in terms of quality system conditions.
  • The laboratory auditor is not present during core sampling, uses the logo of the Turkish Ministry of Environment and Urbanization in the experimental reports that are not in the laboratory's scope list, leaves blank lines in the sample registry and report book, does not register the samples in the registry, does not register the samples in the registry, does not register the samples in the, the administrative fine applied to laboratories that receive fresh concrete samples from outside the province where the laboratory organization operates, except for the provinces or provinces where its sample collection station is located, and the administrative or technical personnel who work in the laboratory establishment, or who do not report the laboratory address change in time, is increased from 10 thousand to 19 thousand 30 lira.
  • If three separate administrative fines have been issued to the laboratory establishment within the last three years for these reasons, the Ministry will be banned from taking new jobs for one year.
  • The lab partners who are banned from taking new jobs will not be able to take a technical position in any building inspection or laboratory establishment for three years while the lab partners who are sentenced to cease operations will not be able to be partners of any other building inspection or laboratory establishment for the duration of the penalty.
  • If it is determined that the laboratory organization's experimental reports to the administrations or individuals contain results that do not reflect the reality, the auditor engineers and technical personnel whose records are kept by causing the cancellation of the permit or the laboratory organization to apply three administrative fines within the scope of three separate evaluation reports shall not be able to take a technical
  • Professional chambers of architects and engineers who are found not to have fulfilled their duties, will take criminal action in accordance with their own legislation and report the result to the Turkish Ministry.
  • The amount of collateral received by the ministry for building inspection institutions and laboratories for permission certificate cannot be confiscated and injunctions cannot be placed on it.
  • According to the Turkish law, the penal provisions of the law on building inspection will be amended.
  • Under the amendment, construction site Chiefs will also be sanctioned if they fail to perform their duties.
  • During the implementation of the provisions of the law, the construction supervision agency's execution or negligence in the conduct of the new job due to the punishment of the application of the ban; employees, managers, architects and engineers, construction contractor, construction site Chief, Project author and laboratory officers, 6 months to 3 years of imprisonment will be punished.
  • The Turkish Ministry of Environment and Urbanism will also conduct inspections of the laboratories.
  • The regulation prepared by the ministry will include the number of building supervision agencies and laboratory establishments, and the requirements for the temporary withdrawal of the building supervision permit.
  • The law also introduces transitional provisions for administrative sanctions. Accordingly, the provisions in favor of administrative sanctions, which must be applied due to acts committed in violation of the regulation before the date of entry into force of the article, but which have not yet been established, will be applied.


Turkish Chairmanship Of The Higher Science Council

  • The act with the material added to public procurement contracts, construction disputes, contract disputes and construction related consultancy services for works in the administration for the resolution of conflicts relevant to examine the demands of the Ministry of Environment and urban planning is located within the Science Board will be High-competent.
  • High Science Board; not included in the contract price or non-price determination of the specific heat, the incompatibility between the documents that compose the tender document, work schedule conflicts, and calculation of price difference payment and the extension of the time transferred to the appropriation, provisional and final acceptance procedures, penalties for delay, contract disputes and business silis will examine additional jobs that can be built in.
  • The contractor or the administration may apply to the higher Science Board for the settlement of the dispute, provided that the disputes arising from the implementation of the contract are not subject to trial or Court of accounts review.
  • The contractor's objections will be made in writing to the administrations issuing the contract until the final acceptance phase is completed. The objections will be sent to the higher Science Board by the relevant administrations within 30 days at the latest. The board will decide the appeals within 60 days at the latest.
  • Turkish Licensed surveying engineers, Licensed Engineers and the Bureau of Cadastral map within the scope of its activities is carried on in a time where the law on free survey and cadastre activities unable to perform consulting engineering and surveying engineering consulting services to companies that perform will be common.
  • Among the conditions for the cancellation of the license, the licensed engineer will be added to the requirement that he be over the age of 65. This article shall be applied 2 years after the date of publication.


They will be accepted as family in the settlement

The Turkey Ministry of Environment and Urbanism will carry out the duties of the Ministry of the Interior in Turkey on basic needs such as nutrition and Turkey housing until the permanent resettlement of residence migrant families who are descended from Turkish ancestry and are connected to Turkish culture.

There have also been changes to what will be considered a family home in Turkey. The current arrangement stipulates that" maternal and fatherless sibling children are resettled together and in equal shares, as a family, "while the amendment stipulates that" maternal and fatherless single sibling children are resettled together and in equal shares; single sibling children without single siblings or single children alone".

The Turkish licenses and residency for the buildings to be built will be exempt from the building Turkish construction fees and construction fees obtained according to the municipal revenues law. The services provided by the municipality and the Turkish Special Provincial Administration regarding these structures will not be charged.

Learn more about Turkish real estate residence permit and application new rules in Turkey.

     
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