{"id":168,"date":"2022-08-16T09:00:00","date_gmt":"2022-08-16T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/imar-barisi\/"},"modified":"2026-09-29T16:28:01","modified_gmt":"2026-09-29T16:28:01","slug":"zoning-amnesty","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/imar-barisi\/","title":{"rendered":"What Is the Zoning Amnesty (\u0130mar Bar\u0131\u015f\u0131)?"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>Zoning amnesty<\/strong> 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.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>The zoning amnesty (imar bar\u0131\u015f\u0131) is an amnesty introduced, subject to exceptions, for structures built before 31.12.2017 without a permit or in breach of their permit.<\/li>\n<li>The application is based on the owner's declaration, and a Building Registration Certificate is issued for the structure; with this certificate, electricity, water and natural gas can be connected, and demolition orders and uncollected administrative fines are cancelled.<\/li>\n<li>The Building Registration Certificate fee is calculated as 3% for residences and 5% for commercial buildings of the sum of the property tax value and the approximate cost; if the structure is rebuilt, the zoning plan in force must be complied with.<\/li>\n<\/ul>\n<\/aside>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Currency note<\/p>\n<p>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.<\/p>\n<\/div>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#kapsam\">Scope of the zoning amnesty<\/a><\/li>\n<li><a href=\"#yapi-kayit-belgesi\">The Building Registration Certificate and its consequences<\/a><\/li>\n<li><a href=\"#bedel\">Building registration certificate fee<\/a><\/li>\n<li><a href=\"#basvuru\">Application period and procedure<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"kapsam\">\n<h2>Scope of the Zoning Amnesty<\/h2>\n<p>According to the article, the structures falling within the scope of the regulation, save for the exceptions, are as follows:<\/p>\n<ul class=\"pm-liste\">\n<li>Structures without a licence<\/li>\n<li>Structures built in breach of the licence or its annexes<\/li>\n<li>Structures with ownership and title deed problems<\/li>\n<li>Structures contrary to zoning built before 31.12.2017<\/li>\n<\/ul>\n<p>Structures built on immovable property belonging to the Treasury or to municipalities will also be able to benefit from this amnesty law.<\/p>\n<\/section>\n<section id=\"yapi-kayit-belgesi\">\n<h2>The Building Registration Certificate and Its Consequences<\/h2>\n<p>A declaration is taken as the basis for structures in breach of zoning rules to benefit from the zoning amnesty. Upon application, a \u201cBuilding Registration Certificate\u201d (Yap\u0131 Kay\u0131t 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.<\/p>\n<p>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.<\/p>\n<p>The article lists the consequences of the Building Registration Certificate as follows:<\/p>\n<ul class=\"pm-liste\">\n<li>Essential utilities such as electricity, water and natural gas are connected.<\/li>\n<li>Demolition orders issued are cancelled.<\/li>\n<li>Uncollected administrative fines are cancelled.<\/li>\n<li>A change of type in the land registry and the establishment of condominium ownership may be carried out.<\/li>\n<\/ul>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Important \u00b7 If the structure is rebuilt<\/p>\n<p>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 \u2018occupancy permit\u2019, there will be no question of an acquired right.<\/p>\n<\/div>\n<p>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.<\/p>\n<\/section>\n<section id=\"bedel\">\n<h2>Building Registration Certificate Fee<\/h2>\n<p>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.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">For residences<\/p>\n<p>3% of the sum of the total property tax value and the total approximate construction cost of the building<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">For other commercial structures<\/p>\n<p>5% of the sum of the total property tax value and the total approximate construction cost of the building<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"basvuru\">\n<h2>Application Period and Procedure<\/h2>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Application period \u00b7 The regulation as at the date of publication<\/p>\n<p>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.<\/p>\n<\/div>\n<p>Applications may be made directly by the owners of the structures or by appointing a representative.<\/p>\n<\/section>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Zoning Amnesty: Frequently Asked Questions<\/h2>\n<details open>\n<summary>Which structures does the zoning amnesty cover?<\/summary>\n<div>\n<p>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.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What are the consequences of obtaining a Building Registration Certificate?<\/summary>\n<div>\n<p>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.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Was there a deadline for applying for the zoning amnesty?<\/summary>\n<div>\n<p>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.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about the zoning amnesty?<\/h2>\n<p>At UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal representation and advisory services in the field of real estate law.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"Gayrimenkul Hukuku\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"For example: I would like to know whether condominium ownership can be established in a building for which I obtained a building registration certificate.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>Since 2016 it has been providing legal and advisory services in Ankara in many areas, labour law in particular. <a href=\"https:\/\/utuhukuk.com\/en\/real-estate-law\/\">Our real estate law practice area \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>Zoning Amnesty With the Zoning Amnesty Law, referred to as the zoning amnesty, for structures built without a permit or in breach of the permit or its annexes, with ownership and land registry problems\u2026<\/p>","protected":false},"author":1,"featured_media":409,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-168","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-gayrimenkul-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/168","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=168"}],"version-history":[{"count":3,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/168\/revisions"}],"predecessor-version":[{"id":561,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/168\/revisions\/561"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/409"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=168"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=168"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=168"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}