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Zoning amnesty as it is called, the Zoning Amnesty Law introduced an amnesty, save for the exceptions, for all structures contrary to zoning built before 31.12.2017 that were built without a licence or in breach of the licence or its annexes, or that have ownership and title deed problems. In this article we address the scope of the zoning amnesty, the consequences of the Building Registration Certificate, the calculation of the certificate fee and the application procedure.
Currency note
This article was prepared in accordance with the legislation and practice in force on the date of its publication. The application period for the zoning amnesty, the calculation of the building registration certificate fee and its application may have changed since then; the application date stated in the article has passed. You are advised to consult a lawyer regarding the current position.
According to the article, the structures falling within the scope of the regulation, save for the exceptions, are as follows:
Structures built on immovable property belonging to the Treasury or to municipalities will also be able to benefit from this amnesty law.
A declaration is taken as the basis for structures in breach of zoning rules to benefit from the zoning amnesty. Upon application, a “Building Registration Certificate” (Yapı Kayıt Belgesi) is issued for structures in breach of zoning rules. This certificate secures essential services such as electricity, water and natural gas. Demolition orders and uncollected administrative fines issued in respect of structures granted a Building Registration Certificate are cancelled.
In addition, for structures that obtain a Building Registration Certificate, a change of type in the land registry and the establishment of condominium ownership may also be carried out.
The article lists the consequences of the Building Registration Certificate as follows:
Important · If the structure is rebuilt
However, where structures contrary to zoning that benefit from the amnesty are demolished and rebuilt, the structure will be built in accordance with the applicable (existing, in-force) zoning plan. In short, where the structure is rebuilt, unlike with an ‘occupancy permit’, there will be no question of an acquired right.
Essential services such as electricity, water and natural gas are connected to structures in breach of zoning rules that have obtained a building registration certificate. Furthermore, demolition orders and uncollected administrative fines issued in respect of these structures are cancelled.
The fee charged for the building registration certificate upon application is obtained by multiplying the sum of the total property tax value of the plot or land on which the structure stands and the total approximate construction cost of the structure by 3% for residences and by 5% for other commercial structures. This fee is charged a second time for the registration of a change of type and the establishment of condominium ownership at the land registry.
For residences
3% of the sum of the total property tax value and the total approximate construction cost of the building
For other commercial structures
5% of the sum of the total property tax value and the total approximate construction cost of the building
Application period · The regulation as at the date of publication
An obligation has been introduced to apply by 31.10.2018 at the latest in order to benefit from the zoning amnesty. Attention should be paid to this date in order to avoid any loss of rights.
Applications may be made directly by the owners of the structures or by appointing a representative.
According to the article, the zoning amnesty covers structures built before 31.12.2017 that are unlicensed, built in breach of their permit or its annexes, have ownership and title deed issues, or otherwise breach zoning rules, excluding those exempted. It is also stated that structures on immovables belonging to the Treasury or municipalities may benefit from this arrangement.
The article states that structures that obtain a Building Registration Certificate may be connected to services such as electricity, water and natural gas, that demolition orders issued for these structures and uncollected administrative fines will be cancelled, and that a change of property type in the land registry and the establishment of condominium ownership are possible. If the structure is demolished and rebuilt, the zoning plan in force must be complied with; no acquired right arises.
Under the rules in force when the article was written, 31.10.2018 was set as the final date for applications. It is stated that the application could be made by the owner of the structure directly or through a representative.
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