Zoning Law (Law No. 3194)

This Law has been enacted for the purpose of ensuring that settlement areas and the construction in such areas are formed in conformity with planning, scientific and technical, health and environmental requirements.

Scope:

Plans to be made and all public and private structures to be built in places located within and outside the boundaries of municipalities and adjacent areas shall be subject to the provisions of this Law.

General principle:

No area may be used for purposes contrary to the principles of plans of any scale, to the conditions of the zone in which it is located or to the provisions of regulations.

Exceptions:

In places designated or to be designated under Tourism Encouragement Law No. 2634, Law No. 2863 on the Protection of Cultural and Natural Property, Istanbul Bosphorus Law No. 2960 (subject to compliance with the relevant articles of this Law), Law No. 3030 on the Administration of Metropolitan Municipalities and other special laws, the provisions of this Law that are not contrary to the special laws shall apply.

Amended second paragraph: 31/10/2016, Decree-Law No. 678, Art. 6; adopted without change: 1/2/2018, Law No. 7071, Art. 6 Which provisions of this Law shall apply, and in what manner, to structures intended for operations, training and defence belonging to the Turkish Armed Forces, the Coast Guard Command, the General Command of the Gendarmerie and the Directorate General of Security shall be jointly determined by the Ministry of National Defence, the Ministry of Interior and the Ministry of Environment and Urbanisation.

Definitions:

Some of the terms used in this Law are defined below.

Master Zoning Plan: Amended: 29/11/2018, Law No. 7153, Art. 10 the plan which is drawn, in conformity with the general spatial principles of regional plans, if any, and with environmental plans, if any, on current base maps on which the cadastral situation, if any, is also marked, and which is prepared for the purpose of showing the general use of land parcels, the direction and size of development of settlement areas, population densities and thresholds and transport systems, and of serving as the basis for the preparation of implementation zoning plans, and which forms a whole together with its plan provisions and report.

Implementation Zoning Plan: the plan which is drawn, in accordance with the principles of the master zoning plan, on certified current base maps on which the cadastral situation, if any, is marked, and which shows in detail the building blocks of the various zones, their density and layout, roads, the implementation stages that will form the basis of the zoning implementation programmes necessary for implementation, and other information.

Settlement Area: the entirety of the built-up and development areas within the boundary of the zoning plan.

Zoning Block: a block formed according to the principles in the zoning plan.

Added definition: 5/12/2024, Law No. 7534, Art. 4 Transfer of Development Rights: the operation whereby, in areas where a 1/1000 scale implementation zoning plan exists and where land and plot readjustment has been carried out or cannot be carried out, if the right to build that is subject to private ownership cannot be granted on a parcel because the whole or part of the parcel remains within areas reserved for general and public services, the construction right based on the floor area ratio that cannot be granted is transferred to another parcel or parcels by a zoning plan decision.

Zoning Parcel: the form of the cadastral parcels within zoning blocks as readjusted in accordance with the principles of the Zoning Law, the Zoning Plan and regulations.

Cadastral Block: the block existing at the time the cadastral survey was carried out.

Cadastral Parcel: the parcel, with registered ownership, located within cadastral blocks at the time the cadastral survey was carried out.

Structure: fixed and movable installations, on land and in water, permanent or temporary, public and private, underground and above-ground, including their additions, alterations and repairs.

Building: structures that can be used on their own, are roofed and can be entered by people, and serve for people to reside, work, entertain themselves or rest, or to worship, or serve for the protection of animals and goods.

Added: 14/4/2016, Law No. 6704, Art. 7 Waterway: a water passage created artificially by a zoning plan decision and through which transport by marine vessels is provided.

Relevant administration: within the boundaries of municipalities and adjacent areas, the municipality; outside them, the governorship.

Ministry: the Ministry of Public Works and Settlement.

Adjacent Area: areas placed under the control and responsibility of municipalities in terms of zoning legislation.

Environmental plan: Amended: 29/11/2018, Law No. 7153, Art. 10 the plan which, in conformity with the objectives and strategies of spatial strategy plans, if any, sets out the principles and criteria within the framework of general land use decisions guiding lower scale plans relating to settlement and development areas and sectors, which is prepared for a region, a basin or the whole of a province, and which forms a whole together with its plan provisions and report.

Added: 26/4/1989, Law No. 3542, Art. 1 Technical staff: persons who have graduated from schools at least equivalent to high school providing vocational and technical education in fields such as construction, electrical installation, sanitary installation and heating, machinery, mapping and cadastre, or who are high school graduates and have successfully completed courses of one academic year opened by ministries, and personnel holding a mastership certificate under Law No. 3308 on Apprenticeship and Vocational Training.

Added: 29/11/2018, Law No. 7153, Art. 10 Spatial Strategy Plan: the plan which guides physical development and sectoral decisions by relating economic and social policies and environmental policies and strategies to space, which is prepared for the whole country and for regions deemed necessary, and which forms a whole together with its report.

In addition, other definitions mentioned in this Law shall be described in the regulation to be prepared by the Ministry.

CHAPTER TWO

Principles Relating to Zoning Plans

Tiers of spatial planning:

Amended together with its heading: 29/11/2018, Law No. 7153, Art. 11

Spatial plans consist, in terms of the area they cover and their purposes, and in conformity with Spatial Strategy Plans, of the tiers of “Environmental Plans” and “Zoning Plans”. Zoning plans, in turn, are prepared as master zoning plans and implementation zoning plans. Each plan shall be prepared in conformity with the plan of the higher tier.

In spatial strategy plans, the objectives set out in the development plan and, if any, in regional plans, regional development strategies and other strategy documents shall be taken into account.

In metropolitan cities, the fact that a 1/25,000 scale master zoning plan has been made shall not constitute an obstacle to the making of 1/5,000 scale master zoning plans in regions deemed necessary.

Current base maps and zoning plans:

In the making of current base maps and zoning plans, the matters specified below shall be complied with.

a) Current base maps of settlements that do not have current base maps shall be made, or caused to be made, by municipalities or governorships. The authorities certifying these maps are municipalities and governorships; one certified copy shall be sent to the Ministry and another copy to the relevant land registry office.

b) It is mandatory to have zoning plans made for settlements whose population exceeded 10,000 in the last population census.

In settlements whose population did not exceed 10,000 in the last population census, the municipal council shall decide whether it is necessary to make a zoning plan. Existing zoning plans remain in force.

c) Where existing plans are insufficient for the settled population, or in order to ensure that new settlement areas are urgently opened for use, implementation shall be carried out according to the (…) zoning plans to be made by municipalities or governorships or, in places without a zoning plan, according to the principles of the regulation to be prepared by the Ministry.

Officials assigned to survey maps or to implement zoning plans shall, while performing their duties, have the authority provided in Article 7 of Law No. 2613 on Cadastre and Land Registration.

Preparation and entry into force of plans:

In the preparation and entry into force of plans, the principles specified below shall be complied with.

a) Regional plans: the State Planning Organisation shall, where it deems necessary, make or cause to be made regional plans to be prepared for the purpose of determining socio-economic development trends, the development potential of settlements, sectoral targets and the distribution of activities and infrastructure.

b) Zoning Plans: consist of the Master Zoning Plan and the Implementation Zoning Plan. Master and implementation zoning plans of places within municipal boundaries shall be made, or caused to be made, by the relevant municipalities, ensuring conformity with the decisions of the regional plan and the environmental plan, if they exist. Added sentence: 14/2/2020, Law No. 7221, Art. 6 Plans, plan amendments and plan revisions must be uploaded to the electronic environment established by the Ministry for the purpose of being recorded and archived, and must obtain a Plan Transaction Number through the same system. Plans shall enter into force upon approval by the municipal council. Fourth sentence rearranged: 12/7/2013, Law No. 6495, Art. 73 These plans shall, from the date of approval, be announced simultaneously for a period of one month at the announcement places determined by the mayor's office and on the websites of the relevant administrations. Objections may be raised against the plans within the one-month announcement period. The municipal council shall examine the objections sent to it by the mayor's office, together with the plans, within fifteen days and decide on them definitively.

Plans to be made in places outside municipalities and adjacent areas shall be made, or caused to be made, by the governorship or the party concerned. They shall enter into force upon approval if deemed appropriate by the governorship. Third sentence rearranged: 12/7/2013, Law No. 6495, Art. 73 From the date of approval, they shall be announced simultaneously for a period of one month at the announcement place determined by the governorship and on the websites of the relevant administrations. Objections may be raised against the plans within the one-month announcement period. Objections shall be made to the governorship; the governorship shall examine the objections and the plans within fifteen days and decide on them definitively.

Added paragraph: 14/2/2020, Law No. 7221, Art. 6 An informative notice stating where zoning plans and amendments to these plans have been posted shall be announced on the notice boards of the relevant mukhtar offices simultaneously with the posting period. In addition, information about a plan amendment shall be provided for a period of 30 days by means of at least 2 signboards placed visibly in the area subject to the amendment.

Added paragraph: 14/2/2020, Law No. 7221, Art. 6 Urban design projects may be prepared together with implementation zoning plans. The procedures and principles relating to the implementation of these urban design projects shall be determined by the Ministry.

Amendments to be made to approved plans shall also be subject to the above procedures.

A copy of the finalised zoning plans shall be sent by the relevant administration to the Ministry for archiving, through the National Geographic Information System Infrastructure in the electronic environment established by the Ministry.

Zoning plans are public. Ensuring this publicity is the duty of the relevant administrations. The Mayor's Office and the local civil authorities shall provide copies of the whole or part of the zoning plan, or booklets reproduced from it, to those who request them in return for a fee to be determined.

Added paragraph: 14/2/2020, Law No. 7221, Art. 6 An action may be brought against finalised zoning plans or parcellation plans in any case within five years from the date of finalisation.

Added paragraph: 14/2/2020, Law No. 7221, Art. 6 Except for industrial areas, advanced wastewater treatment plants, places of worship areas and silo structures for agricultural purposes, building heights may not be specified in zoning plans as 'maximum height: unrestricted' (yençok: serbest).

Added paragraph: 14/2/2020, Law No. 7221, Art. 6 Except for industrial areas, places of worship areas and silo structures for agricultural purposes, heights specified as 'maximum height: unrestricted' in zoning plans in force shall be determined by a decision of the council of the relevant administration by way of zoning plan amendments and revisions, without changing the floor area ratio and taking into account the existing formations and the silhouette in the surroundings. Heights not so determined by the relevant administration shall be determined by the Ministry, the costs being covered from the revenues of the revolving fund enterprise. An amount equal to the costs incurred plus 100% shall be collected from the relevant administration. If it cannot be collected in this way, it shall be collected by deduction from the shares transferred to the relevant administration under Law No. 5779 of 2/7/2008 on the Allocation of Shares from General Budget Tax Revenues to Special Provincial Administrations and Municipalities. The amounts collected shall be recorded as revenue to the revolving fund enterprise account of the Ministry.

c) Added: 3/7/2005, Law No. 5403, Art. 25 Amended: 4/7/2019, Law No. 7181, Art. 6

Agricultural land may not be used for non-agricultural purposes, may not be planned, and may not be designated as the built-up area of villages and/or hamlets and its surroundings or as a built-up area, without obtaining the permissions specified in Law No. 5403 of 3/7/2005 on Soil Conservation and Land Use.

ç) Added: 12/7/2013, Law No. 6495, Art. 73 Amended: 14/2/2020, Law No. 7221, Art. 6 It is mandatory that plans, plan amendments and revisions, parcellation plans, building permits and occupancy permit certificates, ortho-images subject to zoning legislation and other geographical data and information prepared and approved according to the definitions and principles determined by the Ministry be produced by the relevant administrations and public institutions and organisations in digital form and in accordance with the procedures, principles and relevant standards determined by the President of the Republic, announced in the electronic environment, integrated with the National Geographic Information System Infrastructure and sent to the Ministry free of charge, and shared, archived and updated through the electronic environment to be established by the Ministry. These data shall be taken as the basis in transactions relating to building permits.

d) Added: 12/7/2013, Law No. 6495, Art. 73 In land use and construction, only the decisions of spatial strategy plans, environmental plans and zoning plans shall be complied with. Repealed second sentence: 27/3/2015, Law No. 6637, Art. 23 (…) Added sentence: 18/6/2017, Law No. 7033, Art. 29 In spatial strategy plans, environmental plans and 1/25,000 scale master zoning plans, the taking of decisions relating to organised industrial zones, industrial zones, small industrial estates and technology development zones, and the making of amendments to such decisions, shall be subject to the favourable opinion of the Ministry of Science, Industry and Technology. It is mandatory for the relevant administration to bring lower tier plans into conformity with higher tier plans within one year at the latest from the date on which the higher tier plans become final. Otherwise, the institutions and organisations that approved the higher tier plans shall bring the lower tier plans into conformity within six months at the latest and approve them ex officio. During this period, permit procedures shall be carried out according to the implementation zoning plan in force. In procedures to be carried out under this subparagraph, the provisions of subparagraph (c) of this Article shall be complied with.

e) Added: 12/7/2013, Law No. 6495, Art. 73 Public institutions and organisations or plan authors shall obtain the opinions of the relevant public institutions and organisations regarding the plan. Institutions and organisations must communicate their opinions within thirty days at the latest. In cases where long-term work such as surveys and analyses is required for the communication of an opinion, additional time not exceeding thirty days shall be granted upon the request of the relevant public institutions and organisations. If no opinion is communicated within this period, it shall be deemed that there is no negative opinion regarding the plan.

f) Added: 12/7/2013, Law No. 6495, Art. 73 Urban minimum standards may be determined by the environmental plan in line with the principles determined by the Ministry. Decisions relating to implementation shall be determined in the implementation zoning plan, with their measurements given, according to the principles determined by the Ministry, taking into account the conditions of the locality, the general characteristics of the zone in which the parcel is located, the nature and needs of the structure, accessibility, sustainability and the impact on the environment.

g) Added: 12/7/2013, Law No. 6495, Art. 73 The Ministry is authorised, with respect to the work and transactions relating to spatial planning, mapping and parcellation, surveys and project design, the issuing of building permits and occupancy permits, and the preparation of energy performance certificates carried out by the relevant administrations, public institutions and organisations and natural and legal persons, and with respect to building materials, to inspect, to take action regarding non-conformities, to make and approve amendments aimed at eliminating non-conformities and bringing them into conformity with the legislation, to draw up a construction suspension report, to seal, to take demolition decisions and carry out demolition, and to impose administrative sanctions on those concerned. Of these duties, the preparation of reports relating to drawing up construction suspension reports, sealing and demolition decisions, as well as the duties relating to inspection, shall be carried out by personnel holding an inspector certificate in the central and provincial organisation of the Ministry. Those concerned must provide all kinds of information and documents requested by Ministry inspectors within the period requested. The selection, training, duties, powers and responsibilities of Ministry inspectors, and their working procedures and principles, shall be determined by the Ministry.

ğ) Added: 12/7/2013, Law No. 6495, Art. 73 Amended sentence: 14/2/2020, Law No. 7221, Art. 6 Whether places that have become neighbourhoods because the boundary of the metropolitan municipality is the provincial boundary, and whose population is below 5,000, continue to have the character of rural settlements shall be decided by the metropolitan municipal council. Added sentences: 14/2/2020, Law No. 7221, Art. 6 Unless the metropolitan municipal council decides otherwise, implementation in these areas shall be carried out in accordance with the provisions of Article 27 until an implementation zoning plan is made. The projects specified in Article 27 shall be approved by the district municipality and notified to the mukhtar's office. In rural areas, workplace opening and operating licences shall be issued, for structures dating from time immemorial or built without frontage on a road under the legislation in force at the date of their construction and for structures located in village built-up areas, on the basis of the rural structure certificate, and, for other structures outside the built-up area boundary, on the basis of the occupancy permit certificate. In dwellings located in villages, home guesthouse business may be carried out by obtaining a workplace opening and operating licence. No structure may be built and no parcel may be formed without providing frontage on a public pedestrian or vehicle road. In villages that are significant in terms of their settlement and construction characteristics, architectural texture and character, and level and potential of development, village design guides may be prepared by the relevant administrations with the participation of the mukhtar's office for the purpose of protecting, developing and sustaining these characteristics. Village design guides shall be approved and implemented by a decision of the council of the relevant administration.

h) Added: 12/7/2013, Law No. 6495, Art. 73 In villages and other settlements of a rural character, the surveys and projects of structures may be prepared by the architects and engineers of the relevant administration or of the provincial organisation of the Ministry. The Ministry may prepare, or cause to be prepared, energy-efficient, climate-sensitive and ecological plans and projects relating to settlements within the scope of this Law, and may build structures of this nature or support them by means of long-term loans.

ı) Added: 12/7/2013, Law No. 6495, Art. 73 Maps, plans, surveys and projects may not be made subject to, and it may not be requested that they be made subject to, the endorsement or approval of any institution or organisation, including professional chambers, other than the administration and the authorised organisations expressly specified in the relevant laws. The office registrations of authors or of their organisations may not be cancelled, and their renewal may not be delayed in any way, on grounds such as failure to obtain endorsement or approval. No undertaking may be requested from authors in a manner that would nullify this provision.

i) Added: 12/7/2013, Law No. 6495, Art. 73 In amendments and revisions of current base maps showing the existing situation, parcellation plans and plans within the scope of this Law containing technical and administrative arrangements, approved by the administrations, the opinion or permission of the original author shall not be sought.

j) Added: 12/7/2013, Law No. 6495, Art. 73 The relevant administrations shall establish an architectural aesthetics commission according to the principles determined by the Ministry. The commission is authorised to decide whether structures and approved architectural projects express an original idea. In amendments to be made to those that do not express an original idea, the opinion of the original author shall not be sought. In architectural works and projects that express an original idea, (…) amendments that are decided not to impair the integrity of the work, not to change its aesthetic appearance and to be necessary for technical or administrative purposes or for the purpose of use may be made without obtaining the permission of their author. In this case, the copyright fee that may be claimed by the original author may not exceed twenty per cent of the minimum service fee for architectural projects determined by the relevant professional chamber in the case of completed structures, and fifteen per cent in the case of structures under construction.

Authority of the Ministry over zoning plans:

Where deemed necessary, the Ministry is authorised to prepare, have prepared, amend and approve ex officio, in whole or in part, zoning plans and amendments thereto relating to infrastructure, superstructure and transmission lines concerning public buildings and energy facilities; plans and plan amendments required to be made on account of disasters affecting public life, or for the purpose of mass housing implementation or the implementation of the Squatter Housing Law (Gecekondu Kanunu); metropolitan zoning plans concerning more than one municipality; or zoning and settlement plans in places through or near which a railway or highway passes, where an airport is located, or which have an air or sea connection, by informing the relevant municipalities or other administrations to that effect and, where necessary, ensuring cooperation.

Added: 24/11/1994, Law No. 4046, Art. 41 For land and plots located within municipal boundaries and adjacent areas and belonging to entities included in the privatisation programme, zoning amendments Added phrase: 3/4/1997, Law No. 4232, Art. 4 and local zoning plans which shall not disrupt the integrity of environmental zoning, together with the zoning status determinations in conformity therewith, shall be prepared by the Prime Ministry Privatisation Administration upon obtaining the necessary opinion from the relevant entities (Municipality) and shall enter into force upon approval by the Privatisation High Council, and the relevant municipalities may not change the zoning functions of such land and plots for 5 years. Added phrase: 3/4/1997, Law No. 4232, Art. 4 The relevant municipalities shall communicate their opinions within fifteen days.

Where it is necessary, for the purpose of performing a public service, to allocate space in zoning plans for official buildings and facilities or to make an amendment for this purpose, the Ministry may give instructions to the relevant municipality through the governorship or, if necessary, shall itself prepare and approve ex officio the part of the zoning plan relating to official buildings and facilities.

The Ministry shall resolve disputes that may arise during the preparation, adoption and approval stages of zoning plans concerning more than one municipality and, where necessary, shall approve them ex officio.

Added paragraph: 20/6/1987, Law No. 3394, Art. 7; Annulled by Constitutional Court decision of 26/9/1991, E. 1990/38, K. 1991/32

Finalised plans shall be notified to the relevant municipalities and governorships. Implementation of these plans is mandatory.

Amendments to plans made ex officio shall also be subject to the procedures above.

Added paragraph: 3/7/2005, Law No. 5398, Art. 19 The Ministry of Public Works and Settlement is authorised to approve ex officio (…) plans prepared or caused to be prepared for places where investments qualifying as privatisation of services are to be made, in respect of which privatisation transactions are carried out within the scope of Law No. 4046 according to the revenue-sharing model and the method of other legal dispositions appropriate to the nature of the work, provided that they are evaluated by the Privatisation Administration and its opinion on their conformity with the contract is also obtained; and the relevant municipality shall issue all kinds of permits within two months at the latest.

Zoning programmes, expropriation and state of restriction:

Municipalities shall, within 3 months at the latest of the entry into force of zoning plans, prepare 5-year zoning programmes in order to implement such plans. During the deliberation of five-year zoning programmes, representatives of the relevant investing public institutions shall attend the Council meeting so that their opinions are taken as a basis. These programmes become final upon adoption by the municipal council. Areas allocated to public institutions within this programme shall be notified to the relevant public institutions. The relevant public institutions shall expropriate, within the period of this programme, the places allocated to public service facilities in areas falling within the boundaries of five-year zoning programmes. The appropriations required for this purpose shall be included in the annual budgets of the public institutions.

In zoning programmes, the rights granted by other laws in respect of places reserved for public services and immovables subject to restrictions under their special laws shall continue until such places are expropriated or the projects relating to public services are implemented.

Publicly owned immovables:

In zoning plans, immovables belonging to the General Directorate of Foundations that fall within places reserved for public services such as squares, roads, waterways, parks, green areas, car parks, public transport stations and terminals, and land and plots belonging to the Treasury and the special provincial administration, excluding military prohibited zones, security zones and places belonging to the Turkish Armed Forces intended for operations and defence and directly related to national security, shall be relinquished free of charge, upon the proposal of the municipality or governorship and with the approval of the Ministry of Finance and Customs, to the municipality where they are within municipal and adjacent area boundaries, and to the special provincial administration where they are outside municipal and adjacent area boundaries, and their land register entries shall be cancelled. However, where there is a building on such places, only the price to be assessed for the current value of the building, excluding its land, shall be paid. The price and the method of payment shall be determined by the parties.

Land and plots thus acquired may not be sold by the municipality or the special provincial administration and may not be used for any other purpose. The necessary annotation to this effect shall be entered in the declarations section of the land register.

If the manner of use of these places is changed by a new zoning plan and they are rendered capable of being subject to private ownership, these places shall be returned by the municipality or the special provincial administration, by the same procedure, to the administration from which they were transferred. Persons concerned whose conduct contrary to this is established shall be personally liable. These cancellations shall in no way be subject to levies, fees or taxes.

Amended: 25/2/1998, Law No. 4342, Art. 35 Cadastral roads and squares within the boundaries of a zoning plan prepared shall, upon approval of the zoning plan, automatically lose these characteristics and become subject to and governed by the intended use introduced by the approved zoning plan decision.

Added paragraph: 24/7/2008, Law No. 5793, Art. 14 Among immovables in the private ownership of the Treasury or under the jurisdiction and disposal of the State for which permission has been granted for afforestation, those afforested in accordance with their project may not be allocated to another purpose by a zoning plan decision.

Frontage line:

No building may be constructed in front of the frontage line shown in zoning plans. If the part of any plot remaining behind the frontage line is insufficient for the construction of a building in accordance with plan and regulation principles, then, depending on whether or not it is within the five-year zoning programme, where the provisions of Article 18 are not applied within the periods specified in Article 10 or no other solution is possible, the whole of such plot shall be expropriated by the relevant administrations upon the written application of the owner.

Places reserved for general services and public services in zoning plans:

Amended together with its heading: 4/7/2019, Law No. 7181, Art. 7

Immovables owned by persons of private law and located in uses subject to the readjustment contribution share (düzenleme ortaklık payı) in the implementation zoning plan;

a) in the case of areas reserved for general services among these uses, primarily by carrying out land and plot readjustment under Article 18,

b) Added: 5/12/2024, Law No. 7534, Art. 5 by being covered from unregistered areas and areas in municipal ownership, or, provided that consent is obtained, from publicly owned immovables, or from areas in Treasury ownership,

c) Added: 5/12/2024, Law No. 7534, Art. 5 by transfer of development rights,

ç) within the scope of the Expropriation Law No. 2942 of 4/11/1983, respectively, by exchange with immovables owned by the Treasury or the relevant administrations, as applicable, or by purchase,

shall be transferred to public ownership.

Added paragraph: 5/12/2024, Law No. 7534, Art. 5 In a transfer of development rights, the construction area forming the basis for the floor area ratio of the receiving parcel may be increased up to, at most, the ratios determined by the zoning plan and in any event not exceeding 30% of the receiving parcel.

Added paragraph: 5/12/2024, Law No. 7534, Art. 5 The construction rights of the sending parcel or parcels forming the basis for the transfer shall be determined by the relevant administration, provided that they do not exceed the construction right forming the basis for the floor area ratio of the nearest neighbouring zoning parcel or block. The transfer shall be carried out on the basis of value assessments of the receiving and sending parcels.

Added paragraph: 5/12/2024, Law No. 7534, Art. 5 The value of the development rights of the receiving and sending parcels that are to be subject to the transfer shall be determined by the valuation commission formed by the administration in accordance with the price determination principles in Article 11 of Law No. 2942, provided that it is not less than the average of the values determined by at least two licensed real estate appraisal firms authorised under Law No. 6362. Where a difference arises between the values of the development rights of the receiving and sending parcels subject to the transfer, they may be mutually offset.

Added paragraph: 5/12/2024, Law No. 7534, Art. 5 The transfer of development rights of the sending parcel shall be carried out provided that it is within the jurisdiction of the administration or institution on the basis of the province in which it is located, that the receiving parcel is determined by a zoning plan decision and that the unit value per square metre of the receiving parcel is not higher than that of the sending parcel, and by transferring the sending parcel free of charge in favour of the relevant administration or institution.

In other areas on which construction is permissible among the uses subject to the readjustment contribution share, excluding roads, squares, places of worship, parks and children's playgrounds, private facilities conforming to the intended use in the plan may be built, at the request of their owners and upon obtaining the favourable opinion of the relevant public institution, until the transfer of the areas to the public is achieved.

In areas where no construction whatsoever is permitted under the relevant legislation, construction shall not be permitted, even temporarily. Existing structures may be preserved until they are expropriated. In these areas, the parcel must be transferred to public ownership within the period of the five-year zoning programme through proceedings under the provisions of this Article. This period may be extended by at most one year.

Where parcel owners donate their shares to the administration or transfer them free of charge, the administration shall be obliged to carry out the transfer procedures without charging any price. No tax, levy, fee, revolving fund charge or payment under any name whatsoever shall be collected from parcel owners for these procedures.

Where social, cultural and technical infrastructure areas for public use are exchanged with areas owned by the Treasury or the public, no tax, levy, fee, charge, revolving fund charge or payment under any name whatsoever shall be collected from individuals or persons of private law.

The procedures and principles concerning the implementation of this Article shall be determined by a regulation prepared by the Ministry.

Easements:

Municipalities or governorships may, during the implementation of zoning plans, establish an easement for the purpose of public interest over the part of an immovable of a certain area, height and depth, without expropriating the whole of that immovable.

Municipalities or governorships may, in places and cases where possible and with the consent of the owner, establish an easement free of charge in return for granting an easement free of charge.

Chapter Three

Principles of Land and Plot Readjustment

Subdivision and amalgamation:

Amended paragraph: 4/7/2019, Law No. 7181, Art. 8 In areas with a zoning plan, the principle is that a parcellation plan shall first be prepared in conformity with the implementation zoning plan.

Amended paragraph: 4/7/2019, Law No. 7181, Art. 8 In areas with a zoning plan, subdivision and amalgamation transactions may be carried out in areas where the parcellation plan has been registered.

Added paragraph: 4/7/2019, Law No. 7181, Art. 8 Subdivision or amalgamation to be carried out in places where the parcellation plan has been registered must conform to zoning plans and zoning legislation.

Added paragraph: 4/7/2019, Law No. 7181, Art. 8 The conditions set out in the provisions of the first and second paragraphs of this Article shall not be required in public investments within the competence of public administrations within the scope of central government specified in the Public Financial Management and Control Law No. 5018 of 10/12/2003 or in publicly owned areas, in settled areas where implementation of a parcellation plan is not possible and in areas with a conservation zoning plan, and in the remaining parts of zoning blocks of which a large part has been formed in conformity with the implementation zoning plan.

Added paragraph: 4/7/2019, Law No. 7181, Art. 8 In zoning parcels that are not suitable for construction in their current state, the relevant administration is authorised, upon the request of one of the owners or directly, to carry out ex officio amalgamation and subdivision according to the actual situation, where the owners fail to reach an agreement within three months from the notification it makes to the parcel owners to reach an agreement among themselves.

In places where parcel frontages are not determined in zoning plans, the minimum frontage widths and sizes of subdivisions to be made shall be determined according to the principles specified in the regulation.

In areas outside the zoning plan, subdivisions smaller than the amounts to be determined in the relevant regulations shall not be permitted.

Registration and termination of co-ownership:

The conformity with the provisions of this Law and the regulation of the amalgamation or subdivision, ex officio or upon application, of immovables within municipal and adjacent area boundaries, of the establishment of easements on them or of the cancellation of such rights shall be approved by municipal executive committees or provincial administrative boards.

The approval procedure shall be concluded within 30 days at the latest from the referral of the application to the municipalities or governorships, and shall be notified to the land registry within 15 days for registration or cancellation.

The land registry office shall be obliged to complete the registration or cancellation procedure within one month.

Where the owners of immovables placed in co-ownership under the provisions of this Law fail to reach an agreement among themselves within six months from the date of notification by the relevant administration, or no application is made to the court for termination of co-ownership, the relevant administration may, as if it were a shareholder, bring an action for termination of co-ownership.

Termination of co-ownership and partition of land with the consent of the parties or by court decision shall also be subject to the above provisions.

Parts remaining after expropriation:

The municipality or governorship shall ensure conformity with the zoning plan, in respect of parcels unsuitable for independent construction among those that are its own property or remnants left over from expropriation as a result of the implementation of zoning plans and areas arising from roads and squares whose direction has been changed or which have been closed, by selling them to the owner of the adjoining plot or building at an assessed price, by exchanging at an assessed price the entitlements accrued to owners of immovables on account of land taken for roads, and, if the owner of the neighbouring immovable refuses to purchase at the assessed price, by placing them in co-ownership and selling them.

The municipality and the governorship are authorised to exchange those among these which are suitable for independent construction, for the public interest and with the consent of the persons whose land has been taken by the municipality or governorship, in return for their entitlements, by price assessment and, where necessary, by ensuring equivalence.

Furthermore, in zoning parcels suitable for independent construction held in co-ownership with municipalities or governorships, the municipalities or governorships are authorised to sell their shares to the other shareholders of the parcel at an assessed price and, if those concerned refuse to purchase, to cause them to be sold through termination of co-ownership.

Price assessments under this Article and the methods of objection to such prices shall be carried out in accordance with the provisions of the Expropriation Law No. 2942.

Preparation of parcellation plans:

Municipalities are authorised, without seeking the consent of the owners or other right holders, to combine plots and land, with or without buildings, located within the zoning boundary with one another, with surplus road areas and with places belonging to public institutions or municipalities; to divide them anew into blocks or parcels in conformity with the zoning plan; to distribute them to the right holders on the basis of separate ownership, shared ownership or condominium ownership; and to have the registration procedures carried out ex officio. Where the said places are outside the municipal and adjacent areas, the powers stated above shall be exercised by the governorship.

During the distribution of land and plots subjected to readjustment by municipalities or governorships, a sufficient area may be deducted from their surface areas as a "readjustment contribution share" for the establishment of the general service areas necessary for the population of the readjustment area to carry on their urban activities and in return for the increases in value arising from the readjustment. However, the readjustment contribution shares to be taken under this article may not exceed forty-five percent of the surface areas, before readjustment, of the land and plots subjected to readjustment.

Amended paragraph: 4/7/2019, Law No. 7181, Art. 9 Amended first sentence: 5/12/2024, Law No. 7534, Art. 6 Readjustment contribution shares shall consist of the following needed by the places subjected to readjustment and by the region: roads, squares, parks, car parks, children's playgrounds/parks, green areas, places of worship and police stations, educational facility areas for instruction under the Ministry of National Education, public crèches and day-care centres, marketplaces, neighbourhood sports areas, public transport stations and stops, health facility areas under the Ministry of Health, roads subject to access control other than motorways, waterways, sports areas serving the region as a whole, municipal service areas, social and cultural facility areas, technical infrastructure and transformer areas planned for public service, areas to be afforested that are not subject to the construction of private facilities, parcels set aside as recreation areas and excursion areas, official institution areas, other general and public service areas introduced by an implementation zoning plan decision, and bus terminal areas; and they may not be used for purposes other than facilities relating to these services. As a rule, flood control facility areas located within the area subjected to readjustment shall be met from the remaining Treasury-owned areas after the readjustment contribution share has been deducted for the uses specified in this paragraph. However, where sufficient area cannot be set aside for flood control facilities, provided that the readjustment contribution share does not exceed the rate specified in the second paragraph, after the readjustment contribution share has first been set aside from the surface areas of the other land and plots subject to readjustment for the uses in this paragraph, a separate share shall also be set aside for flood control facilities up to the rate specified in the second paragraph. As a rule, closed zoning and cadastral roads shall first be deducted from the total area set aside for the readjustment contribution share.

Added paragraph: 4/7/2019, Law No. 7181, Art. 9 Of the areas set aside for the needs of the region specified in the third paragraph, those relating to municipal services shall be registered in the name of the relevant municipality on condition that they are used for these purposes, and the other areas shall be registered in the name of the Treasury to be allocated to the administration that will realise the purpose of use in the zoning plan in line with that purpose.

Amended paragraph: 5/12/2024, Law No. 7534, Art. 6 General and public service areas whose transfer into public hands cannot be achieved because the total of the areas required to be set aside in the readjustment area for the general services mentioned in the third paragraph exceeds the readjustment contribution share specified in the second paragraph, or because a second readjustment contribution share deduction cannot be made in areas where a parcellation plan has previously been registered, shall be transferred to the public by the methods specified in Article 13. Where general and public service areas are to be brought into public hands by way of expropriation, the portions of the parcels included in the implementation that correspond to the public and general service areas subject to expropriation in the zoning plan shall be expropriated by the relevant administration.

Where the expropriation of a certain area of any parcel is required, the readjustment contribution share shall be set aside on the basis of the area remaining after the expropriation.

Amended paragraph: 4/7/2019, Law No. 7181, Art. 9 As a rule, under the provisions of this article, a readjustment contribution share shall not be taken from any parcel more than once. However, where there is an increase in building conditions and in population through any kind of zoning plan decision, an additional readjustment contribution share deduction may be made from the parcels where the increase occurs, provided that the value formed as a result of the implementation is not less than the previous value, so as to complete the readjustment contribution share rate of the first implementation up to 45%, taking into account the surrenders or deductions made in previous zoning implementations.

Added eighth paragraph: 18/7/2021, Law No. 7333, Art. 10 In implementations carried out under Article 10 of Law No. 2981 of 24/2/1984 on Certain Procedures to Be Applied to Buildings Contrary to Zoning and Squatter Housing Legislation and on the Amendment of One Article of Zoning Law No. 6785; where all kinds of surrenders and deductions made for general service areas are less than the readjustment contribution share deduction in the parcellation plan, a readjustment contribution share deduction may be made in the amount of the difference that completes the rate of the previous surrenders and deductions up to the readjustment contribution share rate in the parcellation plan. This deduction is complementary in nature and shall not be regarded as a repeated implementation. However, the total deduction rate may in no case exceed 45%.

Added paragraph: 4/7/2019, Law No. 7181, Art. 9 From parcels registered through subdivision and amalgamation without a parcellation plan having been made, a readjustment contribution share shall be taken in the amount of the difference that completes the ratio of the areas surrendered or donated, because they coincide with general service areas in the zoning plan, to the total parcel area up to the readjustment contribution share rate in the parcellation plan to be newly made.

Added paragraph: 4/7/2019, Law No. 7181, Art. 9 As a rule, the municipality or governorship shall prepare and approve parcellation plans within five years from the date on which the zoning plans become final. Municipalities or governorships shall be liable for all expropriation works and procedures arising from their failure to prepare parcellation plans.

Added paragraph: 4/7/2019, Law No. 7181, Art. 9 Where a readjustment contribution share cannot be taken from parcels because of existing buildings, the amount of this share may be converted (…) into a monetary amount. Added sentence: 5/12/2024, Law No. 7534, Art. 6 This amount collected by the administration approving the parcellation shall be paid to the other parcel owners from whom an excess readjustment contribution share deduction had to be made.

Added paragraph: 4/7/2019, Law No. 7181, Art. 9 Amended paragraph: 5/12/2024, Law No. 7534, Art. 6 The amount shall be determined on the basis of a report by real estate valuation experts licensed under Law No. 6362 or by the valuation commissions of the relevant administration, also taking into account the principles for the determination of value specified in Article 11 of Law No. 2942. It shall be stated in the declarations column of the land register that no transaction may be carried out at the land registry unless the determined amount is paid, and the whole of this amount shall be paid within 1 year at the latest from the date of registration. Unless it is paid as updated, with effect from the beginning of each calendar year, by the revaluation rate determined and announced for the previous year in accordance with the provisions of repeated Article 298 of Law No. 213, no transfer may be made, no building permit may be issued and no transaction may be carried out at the land registry. Upon payment of the amount in full, the annotation shall be cancelled at the request of the owner of the immovable or of the administration.

Added paragraph: 4/7/2019, Law No. 7181, Art. 9 Parcels to be given to owners of immovables as a result of readjustment shall be given primarily from the location of the immovable included in the readjustment and, if this is not possible, from the nearest equivalent area.

Added paragraph: 4/7/2019, Law No. 7181, Art. 9 In zoning blocks located in the readjustment area, provided that the minimum parcel size is met, jointly owned plots and land remaining within the zoning implementation area may be converted into separate ownership with the consent of the shareholders or on the basis of actual use.

Added paragraph: 4/7/2019, Law No. 7181, Art. 9 Where there is no provision in the implementation zoning plan, parcels may not be formed below the minimum parcel sizes determined in the regulation.

Repealed paragraph: 4/7/2019, Law No. 7181, Art. 9

Repealed paragraph: 4/7/2019, Law No. 7181, Art. 9

Repealed paragraph: 4/7/2019, Law No. 7181, Art. 9

Amended paragraph: 4/7/2019, Law No. 7181, Art. 9 Trees/buildings in areas coinciding with places set aside for the public services specified in this article shall be removed and demolished by the municipality or governorship upon payment of their value/debris value.

In respect of buildings located on readjusted plots, where the relevant parcel owners do not consent or where there is an impediment under the plan and legislative provisions, no permission for additions, alterations or major repairs may be granted, except for minor necessary repairs. In cases where readjustment is required but the provisions of this article cannot be applied, a construction permit may be granted in accordance with the plan for cadastral parcels that are suitable for independent construction under the zoning plan and regulation provisions.

In the application of this article, the municipality or governorship may, instead of the expropriation compensation they would pay and with the consent of the persons concerned, give land, in exchange for their places that must be expropriated, from areas belonging to the municipality or governorship on which construction is possible under the plan and legislative provisions.

In places without a zoning plan, special parcellation plans dividing plots and parcels into shares for any kind of construction purpose, and promise-of-sale contracts, may not be made, except for those passed by way of inheritance, applications of the Condominium Law converted into shared ownership under the provisions of this Law, divisions into shares made for agriculture and livestock, tourism, industry and storage purposes, and those sold by way of compulsory enforcement.

Added paragraph: 14/2/2020, Law No. 7221, Art. 7 Where zoning implementations carried out under this article have been annulled by final court decisions, and it is determined by the approving authority of the administrations authorised to approve parcellation plans that a return to the original parcels existing before the implementation by carrying out reversal procedures is not possible because of legal or factual impossibilities, such as the parcel subject to the action coinciding with areas set aside for general and public services by zoning plan decisions, or buildings having been constructed by right holders on parcels allocated and registered under the annulled implementation, and similar, a new zoning implementation aimed at executing the court decisions may primarily be carried out on the registered zoning parcels. Where this is not possible, subject to obtaining the consent of the right holders of the parcel subject to the action, a new parcellation procedure shall be carried out on the registered zoning parcels and a suitable place within the implementation area shall be allocated by the administration or, failing agreement, the value shall be paid on the basis of the current market value of the immovable after deduction of the readjustment contribution share in the implementation, taking into account the location of the claimant right holder in the original parcel.

Added paragraph: 4/7/2019, Law No. 7181, Art. 9 The procedures and principles relating to the application of this article shall be determined by a regulation prepared by the Ministry.

Preparation and registration of parcellation plans:

Parcellation plans shall be prepared in accordance with zoning plans and shall enter into force after approval by the municipal executive committee within the municipal and adjacent areas and by the provincial administrative board outside them. These plans shall be posted at the relevant administration for a period of one month. They shall also be announced by customary means. They shall become final at the end of this period. This provision shall also apply to plans to be corrected.

Finalised parcellation plans shall be sent to the land registry office for registration. These offices shall ex officio draw up and establish the registers in accordance with the plans, without seeking the consent of the persons concerned.

Where the construction of more than one building and facility on one parcel is required (such as cooperative houses, housing estates and mass housing construction), zoning parcellation plans shall be prepared or amended so as to meet this need without the need for subdivision and, upon request, the provisions of the Condominium Law shall be applied therein.

Chapter Four

Buildings and Principles Relating to Buildings

Building:

Building:

a) On land, plots or parcels for which institutions or persons hold title deeds in their own name,

b) By institutions or persons, although they do not hold a title deed in their own name, on the basis of allocation or easement establishment documents issued by public institutions and organisations,

may be constructed in conformity with the zoning plan, the regulation, the permit and its annexes.

Building permit:

For all buildings falling within the scope of this Law, except for the exception specified in Article 26, it is mandatory to obtain a building permit from municipalities or governorships (....).

Making any alteration to buildings for which a permit has been obtained is also subject to obtaining a new permit. In this case, if the gross area of the independent units does not increase and their nature does not change, the permit shall not be subject to any tax, duty or fee.

However, pointing, interior and exterior plastering, painting, whitewashing, gutters, downpipes, joinery, floor and ceiling coverings, repairs of electrical and sanitary installations, roof repairs and re-laying of roof tiles, and other alterations and repairs not affecting the load-bearing elements to be specified in the zoning regulations to be prepared by municipalities in conformity with the regulation according to the particular characteristics of the locality, shall not be subject to a permit.

Municipalities or governorships are authorised to determine exterior facade paints and claddings and the material and colour of roofs in order to ensure harmony between buildings and to obtain a pleasing appearance according to the characteristics of the locality and the environment. Buildings constructed before the entry into force of this Law shall also be subject to this provision.

Conditions for obtaining a permit:

To obtain a building permit, an application shall be made by petition to the offices of the municipality or governorship (....) by the building owners or their legal representatives. It is only necessary to attach to the petition the title deed (in exceptional cases, a document substituting for the title deed), the architectural design, the structural design, the electrical and installation designs, drawings and calculations, and a sketch with reference measurements or, if there are none, with dimensions.

Where the permit and its annexes are examined by municipalities or governorships (....) and no deficiencies or errors are found, the building permit shall be issued within thirty days at the latest from the date of application.

Where there are deficiencies or errors, all relevant deficiencies and errors shall be notified to the applicant in writing within fifteen days from the date of application. The building permit shall be issued within fifteen days at the latest from the application made after the deficiencies and errors have been remedied.

Building permits in development areas:

In order for a building permit of whatever kind to be granted in areas that are within settlement boundaries and set aside in the zoning plan for the development of the town;

a) The parcellation plans of these areas must have been approved by the municipal executive committee or the provincial administrative board in conformity with the principles of the zoning plan and the provisions of the regulation,

b) Their roads and their technical infrastructure, such as sewage and drinking water networks, must have been constructed according to the plan and the conditions of the region where they are located,

are required.

However, in such places for which parcellation plans have been approved but whose roads and technical infrastructure, such as sewage and drinking water networks, have not yet been constructed, a building permit (…) shall be granted to those who have them constructed with the permission of the relevant administration and in conformity with the design to be prepared by the relevant administration. Where the sewerage facility is not constructed by the date on which the building is completed and put into use, recourse shall be had to having a septic tank or a similar temporary facility constructed. If this is not done, an occupancy permit may not be granted for the building. When the main facility is constructed, the building owner or owners shall be obliged to connect the sewer outlets to this facility.

In mass housing areas, a building permit shall not be granted to the owners of the other parcels on both sides of technical infrastructure constructed and completed in its entirety by the persons or institutions concerned with the permission of the relevant administration, unless the cost falling to their own parcels is collected from them.

In mass housing areas, if the infrastructure facilities have been constructed by the persons or institutions concerned in accordance with the design approved by the municipality, no charge whatsoever shall be collected by the municipality on account of infrastructure services.

The sums so collected shall be returned in full to those who had the technical infrastructure constructed or to those who paid this amount in advance to the relevant administration.

Provided, however, that the relevant administration shall be under no obligation to construct and complete these facilities unless the owners of the parcels on both sides of a road pay the said road costs, and the owners of the parcels that benefit or should benefit from a sewerage network pay the technical infrastructure costs, to the relevant administration.

Although the making of major alterations and additions to existing buildings is also subject to the provisions of this article, the above conditions shall not be sought for their repair.

In the application of this article, the provisions of Law No. 6183 on the Procedure for the Collection of Public Receivables shall apply. Other matters relating to the application shall be specified in the zoning regulation.

In the implementation in settled areas where correction and renewal of density and building order are introduced through zoning plan principle decisions, in cases where the existing urban technical and social infrastructure needs to be expanded or renewed, the contribution shares specified in the laws relating to the provision of urban services shall be duly collected from the owners of the plots, structures or buildings that will benefit from these services.

In places designated as residential areas in zoning plans, the owners of immovables are obliged to connect the wastewater channels to the sewerage network in the street where the building is located or, if any, to the public septic tank, and, in places without a sewerage network or public septic tank, to construct the necessary installations within the immovable within the principles to be given by the relevant administration according to local needs and means. Where these connections are not made by the property owner within the period to be given by the notification to be served by the relevant administration, they shall be caused to be demolished by the relevant administration.

Establishment, areas of authority and responsibilities of sworn independent architecture and engineering offices:

Annulled by Constitutional Court decision of 11/12/1986, E. 1985/11, K. 1986/29

Classification of sworn independent architecture and engineering offices:

Annulled by Constitutional Court decision of 11/12/1986, E. 1985/11, K. 1986/29

Permits for public buildings and facilities and for industrial facilities:

For buildings to be constructed or caused to be constructed by public institutions and organisations, a permit shall be granted on the basis of the preliminary design, provided that they are allocated for that purpose in the zoning plans and are not contrary to the plan and legislation, and on condition that the architectural, structural, installation and all kinds of technical responsibility are assumed by these public institutions and organisations and that ownership is documented. Added sentences: 29/11/2018, Law No. 7153, Art. 13 Where public institutions and organisations have procured services relating to the construction and supervision of the works, all kinds of technical responsibility relating to the construction and supervision of the works may be assumed on behalf of the public institution or organisation by the architects and engineers of the consultancy firm. The technically responsible architects and engineers of the consultancy firm shall be charged, according to their fields of expertise, with supervising on behalf of the public institution or organisation that the building, together with its installations and materials, is constructed in conformity with this Law and other relevant legislation, the implementation zoning plan, the permit, the surveys and designs annexed to the permit, standards and technical specifications.

For buildings that are confidential in terms of the security and safety of the State and the operations and defence of the Turkish Armed Forces, a building permit shall be granted without seeking the documents listed in Article 22, where it is notified in writing to the relevant municipality or to the governorships that their designs have been approved by their institutions in compliance with the zoning status obtained from the municipality, the floor arrangement, the facade line, the construction depth and the total construction square metres, and that the structural and installation responsibility lies with their institutions.

Third paragraph annulled by Constitutional Court decision of 11/12/1986, E. 1985/11, K. 1986/29

Amended: 12/7/2013, Law No. 6495, Art. 73

No building permit shall be required for dwellings to be built outside municipal and adjacent areas in the village settlement areas of villages, in their surroundings and in hamlets; for structures for agricultural and livestock purposes which do not qualify as integrated facilities and do not require a zoning plan; and for structures such as grocery shops, greengrocers, barbers, village bakeries, village coffee houses, village restaurants, promotion and display kiosks meeting the needs of village residents, and operational buildings of cooperatives established and operated by the village population. However, notification to the office of the village headman (muhtar) of the surveys and designs following their approval by the governorship, and the conformity of these structures with the local fabric and architectural characteristics and with the rules of science, art and health, shall be mandatory. Responsibility for the surveys and designs shall lie with the architects and engineers who are their authors. These structures shall be entered by the governorship into the national address information system and the cadastral plans. Added sentence: 14/2/2020, Law No. 7221, Art. 8 Where the headman determines or learns that a structure has been built without the designs specified in this paragraph having obtained governorship approval and having been notified to the office of the headman, or contrary to its design, the headman shall promptly notify the governorship of the situation. Structures for agricultural and livestock purposes located outside the boundaries of village settlement areas which do not qualify as integrated facilities and do not require a zoning plan must be constructed after obtaining a building permit. Technical responsibility for the supervision of structures for agricultural and livestock purposes shall be assumed by architects and engineers in accordance with the provisions of Article 28.

Added paragraph: 4/7/2019, Law No. 7181, Art. 10 Greenhouses for agricultural purposes to be built in non-residential areas within or outside municipal and adjacent areas may be built without a building permit, provided that they do not qualify as integrated facilities and that a favourable opinion is obtained from the relevant provincial directorate of agriculture and forestry. However, the examination of their surveys and designs by the administration authorised to issue permits and their conformity with the rules of science, art and health shall be mandatory. Responsibility for their surveys and designs and for their construction shall lie with the architects and engineers who are their authors and technical supervisors. These structures shall be entered by the relevant administration into the national address information system and the cadastral map sheet. For greenhouses to be built in these areas, the condition of having frontage on a road specified in Article 8 shall not be required, provided that a perpetual right of passage has been obtained from neighbouring parcels having road frontage and an annotation to this effect has been placed in the land register records.

Added paragraph: 14/2/2020, Law No. 7221, Art. 8 The boundaries of rural settlement areas and their surroundings shall be determined, in places where the municipal boundary is the provincial boundary, by decision of the metropolitan municipal council upon the proposal of the district municipal council, and in other places by decision of the provincial general council.

Amended sentence: 14/2/2020, Law No. 7221, Art. 8 Unless otherwise provided in approved higher level plans, within the boundaries of village settlement areas, areas exposed to disaster risk such as floods, landslides and rockfalls, areas on which construction is objectionable from a sanitary and geological point of view, and the main roads of the village and their widths shall be determined on current maps or cadastral map sheets, in places where the municipal boundary is the provincial boundary, by decision of the relevant district municipal council, and in other places by decision of the provincial general council. The roads so determined shall be created through subdivision and amalgamation by taking a public interest decision, without requiring an implementation zoning plan decision.

Within the boundaries of village settlement areas, the provisions of the Soil Conservation and Land Use Law No. 5403 dated 3/7/2005 shall not apply.

Where the boundaries of village settlement areas divide parcels, the settlement area boundary shall be accepted as the subdivision line without being subject to the provisions of Law No. 5403.

Unless expressly specified in the environmental plan, where needed, taking into account also the development potential and level of development of the village, (…) and without prejudice to the provisions relating to special laws, the building decision and subdivision conditions in these areas shall be determined, in places where the municipal boundary is the provincial boundary, by decision of the metropolitan municipal council, and in other places by decision of the provincial general council. The determinations shall be entered on the cadastral map sheet and indicated in the land register. Where needed, the existing village settlement area boundaries may be redetermined by provincial general councils.

Within the boundaries of village settlement areas without a zoning plan, the zoning plan requirement shall not apply to structures such as primary and secondary education facilities, places of worship, health facilities and security facilities intended to meet the needs of the village. However, the site selection shall be determined, with its definitive boundaries, on current maps or cadastral map sheets by a commission formed by the governorship. A building permit and an occupancy permit shall be issued for these structures and facilities, in accordance with their implementation designs, in the name of the relevant investing public institution and organisation.

Added paragraph: 14/2/2020, Law No. 7221, Art. 8 No duty, fee, charge, revolving fund charge or payment under any name whatsoever shall be collected for surveys, designs and design conformity opinions issued by the relevant institutions or organisations in the determination of the boundaries of rural settlement areas and their surroundings and in respect of structures that may be built in these areas without being subject to a permit.

Matters relating to the implementation of this Article shall be determined by a regulation prepared by the Ministry.

Authorship, technical responsibility, site management, building contracting and records:

Amended: 9/12/2009, Law No. 5940, Art. 1

The preparation of maps, plans, surveys, designs and their annexes relating to architectural, engineering and planning services within the scope of this Law, and their implementation, must be entrusted to the members of the professions specified in Article 38, in accordance with their fields of specialisation, according to the class, characteristics and size of the area of implementation, the settlement centre and the structure. Authors and the members of the professions engaged in implementation shall be responsible for carrying out their work in accordance with this Law and other relevant legislation.

Technical responsibility for the supervision, on behalf of the public, of the construction and installation works in the structure and of the materials used must be assumed separately by members of the professions possessing the specialisation required by the surveys and designs annexed to the permit. Added sentence: 14/2/2020, Law No. 7221, Art. 9 The designs of buildings of a special nature requiring advanced design methods and technologies shall be prepared under the supervision of engineers possessing sufficient specialisation within the framework of the regulation issued by the Ministry in this field. Technical supervisor architects and engineers shall, according to their fields of specialisation, be charged with supervising that the structure, together with its installations and materials, is constructed in accordance with this Law, other relevant legislation, the implementation zoning plan, the permit, the surveys and designs annexed to the permit, standards and technical specifications. Technical supervisors, who are responsible to the owner of the structure and to the administration, must notify the relevant administration in writing within six working days, in accordance with their field of specialisation, where a craftsman without an authorisation certificate is employed in the structure, where construction work is continued without a site manager being present, where the structure is built contrary to the legislation, or in the event of their resignation. Otherwise, technical supervisors shall not be relieved of legal liability. Upon notification, action shall be taken in accordance with Article 32 within three working days at the latest.

In the event of the resignation or death of the technical supervisor, continuation of the structure shall not be permitted unless another member of the profession assumes technical responsibility. In the event of the resignation of the technical supervisor, his or her responsibility for works carried out before the date of resignation shall continue. The newly appointed technical supervisor shall also be responsible for supervising the works previously carried out, for ensuring that any deficiencies and errors are remedied, and for making notifications. Continuation of construction shall not be permitted unless such identified deficiencies and errors are remedied.

Technical supervisors shall be obliged to employ technicians of appropriate qualifications and number in accordance with Article 38 in order to assist in the supervision of structures having the class, characteristics and size determined in the regulation issued by the Ministry.

Technical supervisors shall be obliged to submit to the administration all detailed documents relating to the supervision of construction works according to their fields of specialisation, together with the architectural and engineering services report, and to sign the occupancy permit certificate. Information relating to the structure shall be notified by the relevant administration to the professional chamber of which the survey and design authors, the technical supervisors, the building contractors and the site manager architect or engineer are members, to be entered in their membership records.

Technical supervisors may not act as building contractor, site manager, subcontractor or materials supplier in connection with the structure for which they have assumed responsibility. The owner of a structure may not assume technical responsibility for his or her own structure.

The surveys and designs referred to in Article 22 for structures within the scope of Article 27 and for agricultural and livestock structures subject to a permit which do not qualify as integrated facilities may be prepared by special provincial administrations or by the provincial organisation of the Ministry. Technical responsibility for these agricultural and livestock structures may be assumed by the architects and engineers of the special provincial administration or of the provincial organisation of the Ministry.

The building contractor and the site manager shall be obliged to construct the structure, together with its installations and materials, in accordance with this Law, other relevant legislation, the implementation zoning plan, the permit, the surveys and designs annexed to the permit, standards and technical specifications, and to remedy any non-compliance with the legislation which they have caused. The building contractor and the site manager may not continue construction work relating to the building and its installations without the supervision of the relevant technical supervisors, and may not employ craftsmen without an authorisation certificate in construction and installation works. Added sentence: 7/5/2026, Law No. 7579, Art. 12 The site manager shall be obliged to keep a record of the daily work carried out on the site and of the certified craftsmen working there in accordance with the procedure to be determined by the Ministry.

The contracting of construction works, including building and installation, may not be undertaken without obtaining an authorisation certificate of the appropriate class from the Ministry or from an administration authorised by the Ministry. Authorisation certificates may be issued temporarily or, following classification, permanently. The records of contractors constructing structures for natural persons and legal persons governed by private law shall be kept separately for each structure. A copy of these records shall be sent to the Ministry to be assessed in the authorisation certification procedures of the relevant building contractor. Procedures for the issuance of authorisation certificates to contractors shall be carried out by the Ministry, taking these records into account as well.

For structures for which the architectural and engineering reports relating to supervision have been prepared by the technical supervisors, and which have been determined to be completed by a determination report drawn up jointly by the owner of the structure, the technical supervisors and the staff of the relevant administration, but for which the procedures for issuing the occupancy permit certificate cannot be completed because the building contractor has not fulfilled its tax and insurance premium debts arising from the construction works and its other responsibilities, the occupancy permit certificate shall be issued by the relevant administration, after determining the situation, upon the request of the owner of the structure who is not its contractor. A copy of this certificate shall be sent to the relevant institutions, and to the relevant professional chambers and the Ministry to be entered in the records of the persons concerned and assessed.

If the owner of the structure has not assumed any of the duties of survey and design authorship, building contracting and site management for a structure whose permit period has not expired, all responsibility shall lie, as the case may be, with the survey and design authors, the building contractor, the site manager and the relevant technical supervisors.

Added paragraph: 7/5/2026, Law No. 7579, Art. 12 In structures holding a certificate for use, periodic inspections relating to fire safety shall be carried out upon the application of the owner of the structure made within the prescribed period. These inspections shall be carried out by means of the preparation of a fire safety report by the relevant fire brigade organisation of the municipalities or, in cases deemed necessary by the fire brigade, by authorised fire safety experts who have successfully completed the training and examination on fire protection measures in buildings and fire extinguishing systems provided by the Ministry or by institutions and organisations authorised by the Ministry. Municipalities shall take the necessary measures for the performance of the necessary inspections and the preparation of reports within the scope of this paragraph.

Added paragraph: 7/5/2026, Law No. 7579, Art. 12 The structures in which inspectors working in building inspection firms have served, and the date ranges of their service, shall be monitored through an electronic system to be established by the Ministry. The names and signatures of these persons shall not appear on the building permit.

Permit period:

The period for commencing construction shall be two years from the date of the permit. Where construction is not commenced within this period, or where construction is commenced but, for whatever reason, is not completed within five years including the commencement period, the permit issued shall be deemed null and void. In this case, it shall be mandatory to obtain a new permit. Acquired rights in constructions already commenced are reserved.

No additional fee shall be collected upon renewal of the permit or amendment of the plan. However, in the event of an increase in the construction area or a change in the gross area or nature of the independent units, the amount of fee previously paid shall be deducted from the fee to be recalculated. Where there is a decrease in the amount of fee calculated under the new situation, no refund shall be made. Exemption provisions in other laws are reserved.

It shall be mandatory to keep the permit and its annexes at the construction site.

Occupancy permit:

In order to use a structure in its entirety where it has been fully completed, or to use those parts which can partially be used where they have been completed, it shall be mandatory to obtain permission from the municipality, governorship (...) offices which issued the construction permit; and, in order to use, in whole or in part, structures not subject to a permit under Article 27, from the relevant municipality and governorship. Upon the application of the owner, it must be determined that the structure conforms to the permit and its annexes and that there is no technical objection to its use.

Municipalities and governorships (...) shall be obliged to conclude the applications of owners within thirty days at the latest. Otherwise, at the end of this period, the use of the whole or of the completed part of the structure shall be deemed to have been permitted. (...)

The permission granted under this Article shall neither relieve the owner of the structure of liability arising from non-compliance with the law, the permit and its annexes, nor relieve him or her of the obligation to pay any taxes, duties and fees.

Structures without an occupancy permit:

The date of completion of construction shall be the date on which the occupancy permit is granted. Structures for which an occupancy permit has not been granted or obtained shall not be allowed to benefit from electricity, water and sewerage services and facilities until the permit is obtained. However, independent units which have obtained an occupancy permit shall be allowed to benefit from these services.

Structures commenced without a permit or contrary to the permit and its annexes:

Pursuant to the provisions of this Law, upon determination by the relevant administration, determination and report by the technical supervisor (...), or becoming aware in any manner, that construction of a structure has been commenced without obtaining a permit, or that a structure has been built contrary to the permit and its annexes or, in the case of structures which may be built without a permit, contrary to their designs and the relevant legislation, the state of construction at that moment shall be determined by the municipality or the governorship. The structure shall be sealed and the construction shall be stopped immediately. Added sentences: 14/2/2020, Law No. 7221, Art. 10 Information that the structure is contrary to the zoning legislation shall be notified in writing by the relevant administration to the land registry office within seven days at the latest, to be recorded in the declarations section of the land register records. The record in the declarations section may not be removed unless a notification is made by the relevant administration to the land registry office that the non-compliance has been remedied.

The stoppage shall be deemed to have been served on the owner of the structure by posting the construction stoppage report at the construction site. Amended sentence: 14/2/2020, Law No. 7221, Art. 10 One copy of this notification shall be left with the village or neighbourhood headman (muhtar), and one copy shall be sent to the Provincial Directorate of Environment and Urbanisation.

Within one month at most from this date, the owner of the structure shall request the municipality or governorship to remove the seal, after bringing the structure into conformity with the permit or obtaining a permit.

In a structure that does not conform to the permit, if it is established upon examination that this non-conformity has been remedied or a permit has been obtained and that the structure conforms to this permit, the seal shall be removed by the municipality or governorship and continuation of the construction shall be permitted.

Otherwise, the permit shall be cancelled, and the building constructed contrary to the permit or without a permit shall be demolished by the municipality or governorship following a decision of the municipal executive committee or the provincial administrative board, and the costs shall be collected from the owner of the structure. Added sentences: 14/2/2020, Law No. 7221, Art. 10 Structures in respect of which no demolition decision has been taken within two months, despite the relevant administration having determined that the owner of the structure has not brought the structure into conformity with the permit or obtained a permit within one month from the date on which the construction stoppage report was drawn up, and structures which have not been demolished by the relevant administration within six months despite a demolition decision having been taken in respect of them, may be demolished or caused to be demolished by the Ministry, with the demolition costs being covered from the revenues of the revolving fund enterprise. The demolition costs shall be collected from the relevant administration with a 100% surcharge. Where they cannot be collected in this manner, they shall be collected by deduction from the shares of the relevant administration transferred pursuant to Law No. 5779. The amounts collected shall be recorded as revenue in the account of the Ministry's revolving fund enterprise.

Added paragraph: 29/11/2018, Law No. 7153, Art. 15 The permit of structures which the administration determines cannot be brought under a permit or whose non-conformities cannot be remedied shall be cancelled without waiting for the one month period provided for in the third paragraph, and the provisions of the fifth paragraph shall apply to the works contrary to the legislation.

Temporary structures in places allocated to public services:

In places which are included in zoning plans but which, on the date of application, are not included in the five year zoning programme, on parcels which are located on a road or dead end street that must be closed according to the plan, or for which a building permit cannot be granted under normal conditions without applying the provisions of Article 18, or which are allocated to the services specified in Article 13, and in respect of which application of the provision of this Article is requested, where it is possible to build a structure on them in accordance with the principles of the regulation, temporary construction or installations shall be permitted, upon the request of their owners, by decision of the municipal executive committee or the provincial administrative board, until implementation of the zoning plan, and a building permit shall be issued on that basis in accordance with the procedure.

In such cases, the period to be granted shall be ten years, and before the building permit is issued, the date and number of the decision of the municipal executive committee or the provincial administrative board, and the fact that it concerns temporary construction or installation for a period of ten years, must be annotated in the land register record together with the necessary dimensions and conditions. The period of temporariness shall begin on the date on which it is annotated in the land register record.

Where there is already a usable building on a parcel referred to in the first paragraph, no new construction or additions shall be permitted on that parcel; moreover, even in places where more than one temporary structure is permitted, the total dimensions of these structures may not exceed the amounts shown in the regulation. In the application of this Article, a cadastral parcel shall also be accepted as a zoning parcel.

When the plan is implemented, the temporary constructions or facilities shall be demolished. Where they are demolished or expropriated after the expiry of the ten year period of temporariness or before the ten years have expired, the value of the temporary buildings and facilities, to be assessed in accordance with the provisions of the Expropriation Law No. 2942, shall be paid to their owner.

Measures and obligations relating to construction, repair and garden landscaping:

During the continuation of construction and repair works and the landscaping and afforestation of gardens, it shall be mandatory not to occupy the road and pavements and places belonging to municipalities or governorships and to neighbours, not to destroy or damage the underground and above-ground installations in these places, not to obstruct the movement of vehicles and pedestrians, and, where the structure is built at a distance of three metres or less from the road boundary, to enclose the front of the structure with a wooden hoarding or suitable material so as to prevent all kinds of danger and to illuminate it at night.

Where the structure is built at the roadside, occupation of part of the pavements may be permitted in necessary cases to be assessed by the relevant administration, provided that suitable passage is ensured for pedestrians and the above measures are taken.

In such cases, the property owner or the owners of the person or organisation undertaking the construction shall take measures that will not cause harm to passers-by and will prevent danger.

In structures in which shops are permitted to be built on the ground floors, front gardens at the same level as the pavement shall be kept open to pedestrians, and walls and obstacles that would endanger the safety of pedestrians may not be built.

In such places, and in necessary cases where stairs are built at the parcel boundaries, the riser height may not exceed 0.15 metres.

Excavation between the front facade line of the building and the road and of the natural ground:

In order to gain storeys below the ground level of buildings, it shall not be permitted to excavate the ground in the part between the building facade line and the road and to lower it below the level of the pedestrian pavement.

The owners of buildings whose front gardens, for whatever reason, were previously formed more than 0.50 metres below the level of the pedestrian pavement, and the owners of such plots, shall be obliged, in order to ensure the safety of passers-by, to build a garden wall or railing along the roadside in the manner specified by regulation or determined by the relevant administration according to the character of the surroundings, and to take the necessary safety measures.

Caretaker flats and shelters:

In buildings where it is obligatory to set aside a caretaker flat and a shelter, these units must meet the conditions and dimensions specified in the regulation.

Caretaker flats may be located within the main building, or may also be arranged anywhere in the garden or within outbuildings, provided that they are not built contrary to the rules and to technical and health requirements and do not exceed a gross area of 40 square metres.

Where space is set aside for the residence of service staff such as watchmen, gardeners and boiler attendants, the same conditions shall also be required for such spaces. The provisions of Articles 29 and 30 shall also apply to the units referred to in this Article.

Where and in which buildings a caretaker flat and a shelter must be set aside shall be indicated in the zoning regulations.

Car parks:

In drawing up zoning plans, the necessary car park areas shall be set aside, taking into account the conditions of the planned town and region and future needs.

For buildings and facilities requiring car parking, no building permit shall be granted unless the necessary car park space is allocated, and no occupancy permit shall be granted unless the car park is constructed.

After the occupancy permit has been obtained, the car park space may not be allocated to other purposes contrary to the plan and the provisions of the regulation. In the event of acting contrary to the provision of this paragraph, the contravention shall be remedied within three months at the latest upon service of notice by the relevant administration. If the property owner fails to make the necessary correction within the time limit despite the notice, this work shall be carried out by the relevant administration by decision of the municipal council committee (belediye encümeni) or the provincial administrative board, and the cost shall be collected from the property owner.

Added paragraph: 4/7/2019, Law No. 7181, Art. 11 Undeveloped parcels may be operated as open car parks, in such a manner as not to fall within the scope of a building, by covering the ground with permeable material and making the necessary markings, subject to the consent of the parcel owners, to vehicle entries and exits not disrupting traffic, and to obtaining permission from the relevant administration.

CHAPTER FIVE

Miscellaneous Provisions

Preparation and implementation of current maps, zoning plans and building projects:

Engineers, architects and urban planners shall assume the technical responsibility for the preparation of current maps and zoning plans and for their implementation, according to their specialisation, fields of work and the relevant laws.

Amended: 26/4/1989, Law No. 3542, Art. 2 Engineers and architects, according to their fields of specialisation and the relevant laws, together with technical staff whose duties, powers and responsibilities shall be regulated by regulation, shall assume the preparation of the architectural, structural and all kinds of plans, projects, drawings and calculations of buildings and the technical responsibilities relating to their implementation.

Buildings dangerous to the point of collapse:

Amended paragraph: 4/7/2019, Law No. 7181, Art. 12 For abandoned buildings determined by the governorship to pose a danger in terms of general security and public order, and for buildings determined by the municipality or the governorship to be dangerous to the point of partial or total collapse, notice shall be served by the municipality or the governorship, within three days, at the addresses of their owners in the address-based population registration system, for the removal of the danger according to its degree. Where notice cannot be served on the building owner in this manner, this situation shall be announced on the website of the administration serving the notice for a period of 30 days, the notice document shall be posted on the dangerous building in lieu of service, and the matter shall be recorded in a report drawn up together with the neighbourhood or village headman (muhtar). Notice for eviction shall also be served separately on persons, other than the owner, residing in the building.

Amended paragraph: 4/7/2019, Law No. 7181, Art. 12 If the dangerous condition is not eliminated by the building owner within the period determined by the relevant administration, not exceeding 30 days following the notice or announcement, the works for eliminating the danger or the demolition shall be carried out by the municipality or the governorship, and the cost shall be collected from the building owner with an additional 20%.

If the indigence of the person concerned is documented, the cost shall be covered from the budget of the municipality or the governorship. If the dangerous condition requires the evacuation of that building and its surroundings, it shall be evacuated immediately by the law enforcement authorities without the need for a court decision.

Measures to be taken for the safety of the public:

The persons concerned shall be notified to eliminate the hazards of debris or accumulations on plots, in houses and in other places that impair the health and safety of the public or are deemed objectionable in terms of urban planning, aesthetics or traffic, of facilities generating noise and smoke, and of private conduits, sewers, pits, wells, caves and the like, and not to allow these to arise.

If the notification is not complied with within the time limit specified in the notification, the hazard shall be eliminated by the municipality or the governorship; the cost shall be collected from the plot owner with an additional 20%, or the activities of those causing the hazard shall be stopped.

Added paragraph: 7/5/2026, Law No. 7579, Art. 13 Deficiencies identified in periodic inspections relating to fire safety shall be remedied within the period granted by the relevant administration, not exceeding six months, and a valid fire safety report shall be obtained. Deficiencies requiring substantial alteration shall be remedied with a licence or permit to be obtained from the relevant administration. The period to be granted by the relevant administration shall start from the date of the licence or permit.

Road-facing sides of plots:

Municipalities or governorships are authorised to decide that the road-facing sides of plots on which objectionable buildings are located, or of plots without buildings, on certain roads, shall be enclosed in the prescribed manner. In such case, the owners of the immovable property shall be obliged to enclose these places within the time limit granted by the municipality or the governorship. In the event of non-compliance with this obligation, the necessary work shall be carried out by the municipality or the governorship and the cost shall be collected from the plot owner.

Administrative sanctions:

Amended: 9/12/2009, Law No. 5940, Art. 2

Within ten working days from the date on which the acts and situations specified in this Article and constituting a contravention of the zoning legislation are established, the administrative sanctions specified in this Article shall be imposed by the council committee of the relevant administration on those responsible, separately for each responsibility undertaken.

Amended sentence: 14/2/2020, Law No. 7221, Art. 11 For buildings constructed without a licence or contrary to the licence, to the studies and projects annexed to the licence and to the zoning legislation, or for buildings that may be constructed without a licence under Article 27 but are constructed without meeting the conditions specified in that Article, administrative fines calculated as follows, not less than one thousand Turkish liras, shall be imposed on the owner of the building, the building contractor and the relevant technical supervisors who fail to notify the administration of the contravention within six working days, according to the ownership status of the building, the characteristics, condition, nature and class of the area in which it is located, its impact on the settlement and the environment, whether it threatens the safety of life and property, and the magnitude of the contravention:

a) To be calculated on the construction area of the building according to the building classes and groups determined by the Ministry, for each square metre of the contravention of the legislation;

1) for Class I buildings, three Turkish Liras for Group A buildings and five Turkish Liras for Group B buildings,

2) for Class II buildings, eight Turkish Liras for Group A buildings and eleven Turkish Liras for Group B buildings,

3) for Class III buildings, eighteen Turkish Liras for Group A buildings and twenty Turkish Liras for Group B buildings,

4) for Class IV buildings, twenty-three Turkish Liras for Group A buildings, twenty-five for Group B buildings and thirty-one Turkish Liras for Group C buildings,

5) for Class V buildings, thirty-eight Turkish Liras for Group A buildings, forty-six for Group B buildings, fifty-two for Group C buildings and sixty-three Turkish Liras for Group D buildings,

an administrative fine shall be imposed. These amounts shall be applied, effective from the beginning of each calendar year, increased for that year by the revaluation rate determined and announced pursuant to the provisions of repeated Article 298 of the Tax Procedure Law No. 213 dated 4/1/1961, taking into account fractions of one Turkish Lira. Added sentence: 14/2/2020, Law No. 7221, Art. 11 Repealed sentence: 25/3/2020, Law No. 7226, Art. 39 (...) Added sentence: 7/5/2026, Law No. 7579, Art. 14 Where the Ministry adds a new group to the building classes, action shall be taken for the added group on the basis of the highest existing group in the relevant class.

b) For works whose contravention of the legislation cannot be calculated on the construction area of the building, which alter the facades and other structural elements of the building, or which are found to be contrary to the requirements prescribed for building materials, an administrative fine amounting to 20% of the value determined by the relevant administration according to the unit price list published by the Ministry and in force on the date of establishment of the work that is the subject of the contravention shall be imposed.

c) Where the building that is the subject of the contravention requiring punishment under subparagraphs (a) and (b);

1) has been constructed on a jointly owned parcel without the consent of the other owners, 30% of the fine,

2) has been constructed on a parcel belonging to the public or to another person, 40% of the fine,

3) has been constructed in an area designated as a "Public Facility Area or Public Service Area" in the implementation zoning plan or the parcellation plan, 60% of the fine,

4) threatens the safety of life and property in its current state or in the face of a foreseen disaster hazard, 100% of the fine,

5) has been constructed in an area having an implementation zoning plan, 20% of the fine,

6) has been constructed in an area where construction is prohibited, 80% of the fine,

7) has been constructed in an area subject to a special zoning regime determined by special laws, 50% of the fine,

8) is unlicensed, 180% of the fine,

9) is still under construction even though its licence has become null and void, 50% of the fine,

10) is subject to new construction activity without a licence, although a building occupancy permit has been obtained, 100% of the fine,

11) has had its construction activities completed and is not in use, 10% of the fine,

12) has had its construction activities completed and is in use, 20% of the fine,

13) causes environmental and visual pollution, 20% of the fine,

shall be calculated separately according to the amount of the fines determined in the manner specified in subparagraphs (a) and (b) and added thereto. In calculating the area subject to fines, the area affected by the contravention shall be taken into account.

ç) Added: 25/3/2020, Law No. 7226, Art. 39 An administrative fine in the amount found by multiplying the area that is the subject of the contravention requiring the imposition of an administrative fine under this paragraph by the minimum square metre unit value, as the basis for property tax, of the plot or land in which this area is located, shall additionally be added to the fines imposed under the above subparagraphs on the building owner and the building contractor responsible for the contravention. If, within one month from the service on the person concerned of the administrative fine imposed under this paragraph, the contravention is remedied and the building is brought into conformity with the legislation, the fine added under this subparagraph shall not be collected.

An administrative fine of two thousand Turkish Liras, or four thousand Turkish Liras where these acts are contrary to environmental and health requirements, or six thousand Turkish Liras where they threaten the safety of life and property, shall be imposed, separately as applicable, on the building or parcel owner, the authors and supervisors of maps, plans, studies and projects, the technical supervisors, the building contractor, the site manager, the energy identity certificate expert and the fire safety expert who fail to fulfil the obligations specified in Articles 18, 28, 32, 33, 34, 35, 36, 37, 40 and 41 or act contrary to these Articles.

An administrative fine of ten thousand Turkish Liras shall be imposed on the owner of a building which, although in conformity with the plan and the legislation as of the date on which it was constructed, is established by the relevant administration or by court decision to threaten or to be likely to threaten the safety of life and property in its current state or in the face of a foreseen disaster or fire hazard, where, despite the written warning of the relevant administration, the owner fails to remedy the deficiencies, fails to carry out reinforcement or fails to demolish such building pursuant to Article 39 within the period granted by the administration.

Where a dwelling or an agricultural and livestock building for personal purposes is constructed, within the boundaries of the village settled area and its surroundings determined (…)43 under Article 27, by persons registered in the population register of the village and permanently residing in the village, without obtaining the approval of the governorship and without notification to the office of the village headman, even though its projects (…)43 (…)43 comply with technical, artistic and health requirements, an administrative fine of one thousand Turkish Liras shall be imposed on the building owner. For other contraventions in such buildings and for contraventions in buildings for agricultural and livestock purposes subject to licence, the administrative fine to be imposed shall be the total amount of fine calculated according to the second paragraph, not less than one thousand Turkish Liras.

In the event of repetition of the acts and situations specified in the above paragraphs during the construction of the building or, with respect to fire safety, during the period of use, the administrative fines shall be applied doubled.

Administrative fines collected pursuant to the above paragraphs shall be refunded without interest to those convicted for the same act under Article 184 of the Turkish Penal Code No. 5237 dated 26/9/2004.

Works and operations carried out within the written permission of the administration in order to bring the building into conformity with this Law, other relevant legislation, the plan, the licence and the studies and projects annexed to the licence shall not constitute the offence of breaking seals.

The penalties imposed on authors, technical supervisor architects and engineers, building contractors, and site manager architects and engineers for their acts contrary to the zoning legislation, and the final court decisions concerning them, shall be notified by the relevant administration to the professional chamber of which they are members and to the Ministry, to be entered in their records and for penal action to be taken in accordance with the relevant legislation. These persons may not undertake new work during the period of the penalty imposed.

The authorisation certificate of the building contractor shall be cancelled by the Ministry for a period of;

a) five years, where the construction work is carried out contrary to the licence and to the studies and projects annexed to the licence and the contravention is not remedied within the period granted under Article 32,

b) ten years, where the works carried out in the construction work contrary to the studies and projects annexed to the licence threaten the safety of life and property,

c) one year, in cases where a negative record assessment is made by the Ministry,

as the case may be. Where the building contractor fails to pay tax and insurance premium debts arising from construction works, the authorisation certificate shall be cancelled by the Ministry or by the administration authorised by the Ministry for a period of not less than one year, and no new authorisation certificate shall be issued to them until they fulfil their obligations. A building contractor whose authorisation certificate has been cancelled may not undertake new work until a new authorisation certificate is issued, but shall complete their existing works. The licence of a building commenced without an authorised building contractor or with a contractor classification certificate obtained by using a forged or untrue document shall be cancelled, the building shall be sealed, and the certificate number shall be cancelled for a period of five years.

Added paragraph: 7/5/2026, Law No. 7579, Art. 14 Persons who place on the market or keep on the market ready-mixed concrete for use in buildings that are subject to licence and are to be constructed without a licence, or without permission under Article 27, shall be punished by the relevant administration with an administrative fine of five hundred thousand Turkish liras.

Repealed provisions:

a) The Zoning Law No. 6785 dated 9/7/1956 and Law No. 1605, together with their annexes and amendments,

b) The Law No. 141 dated 11 January 1963 on the Liquidation of Gediks and Grounds in the Central District of Bursa,

c) Law No. 1351 dated 28/5/1928 (its movable and immovable property, its affiliates if any, its budget, revenues and the personnel rights of its staff shall be attached to the Ankara Metropolitan Municipality.)

d) Law No. 3196 dated 3/6/1937,

e) Law No. 710 dated 18/1/1966,

and the provisions of other laws contrary to this Law have been repealed.

Regulation:

I - a) For which facilities and their outbuildings relating to energy, irrigation, natural resources, transportation and similar services no licence shall be obtained,

b) The areas to be set aside in zoning plans for schools, places of worship, health, sports, social and cultural facilities and buildings of public institutions, and other matters relating to this subject,

c) The manner and conditions of implementation of land and plot readjustment,

d) The principles to be observed in buildings not subject to licence,

e) Amended: 9/12/2009, Law No. 5940, Art. 3 The procedures and principles and other matters relating to the authorisation certification of building contractors for construction works of all kinds, including construction and installation; the classification of building contractors according to work groups, specialisation and the size of the work to be undertaken, and the minimum education, work experience, technical equipment and capacity, financial status, administrative structure and personnel requirements and qualifications they must possess; the supervision of the activities of building contractors and the keeping and evaluation of their records; the buildings for which employment of a site manager holding the title of architect or engineer is mandatory and which may also be constructed without a building contractor; and site managers, technical staff to be employed in construction and supervision works and certified craftsmen, after obtaining the opinions of the Ministry of National Education, the Ministry of Labour and Social Security, the Vocational Qualifications Authority, the Union of Chambers and Commodity Exchanges of Türkiye, the Confederation of Turkish Tradesmen and Craftsmen, and the Union of Chambers of Turkish Engineers and Architects,

f) The determination of criteria relating to the preparation of zoning plans and their amendments, and other matters relating to zoning,

g) The minimum frontage widths and sizes of subdivisions to be made in places where parcel frontages are not determined in zoning plans,

h) Annulled by Constitutional Court decision of 11/12/1986, E. 1985/11, K. 1986/29

i) The general principles relating to settlement areas,

j) The principles concerning the reorganisation of the qualifications of authors and author organisations that will undertake the preparation of current maps and zoning plans,

k) Added: 7/5/2026, Law No. 7579, Art. 15 The procedures and principles relating to periodic inspections concerning fire safety, the buildings subject to inspection and the frequency of inspections, the fees to be charged, and the qualifications, duties and responsibilities of fire safety experts,

1) Added: 7/5/2026, Law No. 7579, Art. 15 The procedures and principles relating to the qualifications and certification of experts who will carry out architectural and engineering services relating to the design of buildings with special features and to special fields of work such as ensuring sustainability in buildings, energy efficiency, and protection against fire and noise,

shall be determined by regulation to be issued by the Ministry.

II - Amended: 26/4/1989, Law No. 3542, Art. 3 The duties, powers and responsibilities of technical staff other than the engineers, architects and urban planners listed in Article 38 shall be determined by regulation to be issued jointly by the Ministry and the Ministry of National Education, after obtaining the opinions of the relevant Ministries, the Union of Chambers of Turkish Engineers and Architects (T.M.M.O.B.) and the Higher Education Institution.

III - The buildings and facilities for which car parks must be set aside and other matters shall be determined in the regulation to be issued by the Ministry.

Which buildings and facilities require the construction of car parks, the quantity, dimensions and other conditions of the car parking requirement, and how this requirement is to be determined and met shall be specified in this regulation.

Adjacent area:

The boundaries of adjacent areas (mücavir alan) shall be sent by the provinces to the Ministry on the basis of the decision of the municipal council and the provincial administrative board. The Ministry is authorised to examine them and approve them as they are or with amendments, or to return them for amendment

The adjacent area need not be contiguous to the boundary of the relevant municipality. Furthermore, these areas may also include villages. Removal from the adjacent area shall also be subject to the same procedure. The Ministry may, where it deems necessary, decide ex officio on inclusion in and removal from the adjacent area.

By this Law, the bodies established under Article 6 of the Bosphorus Law No. 2960 have been abolished. The duties and responsibilities of these bodies shall be carried out by the Istanbul Metropolitan Municipality and the relevant District Municipalities within the framework specified below.

Namely: implementation in the "Bosphorus Shoreline Strip" and "Foreground View" zones shown in the Bosphorus area according to the plan approved on 22/7/1983 and determined in Article 2 of the Bosphorus Law No. 2960 shall be carried out by the Istanbul Metropolitan Municipality, and implementation in the "background view" and "impact" zones shall be carried out by the relevant District Municipalities.

48, (These Articles relate to the amendment of subparagraphs "f" and "g" of Article 3 and of Article 10 of the Bosphorus Law No. 2960 dated 18/11/1983 and have been incorporated into their places in the said Law.)

Added: 30/5/1997, Decree-Law No. 572, Art. 1

In order to render the physical environment accessible and liveable for persons with disabilities, compliance with the relevant standard of the Turkish Standards Institution shall be mandatory in zoning plans, in urban, social and technical infrastructure areas, and in buildings.

Added: 31/7/1998, Law No. 4380, Art. 1; Amended: 15/7/2003, Law No. 4928, Art. 9

In the preparation of zoning plans, the necessary places of worship shall be set aside, taking into account the conditions and future needs of the planned municipality and region.

In provinces, districts and towns, places of worship may be built provided that the permission of the chief local administrative authority is obtained and that they comply with the zoning legislation.

A place of worship may not be allocated to other purposes in breach of the zoning legislation.

Added: 3/7/2005, Law No. 5398, Art. 12; Amended: 24/7/2008, Law No. 5793, Art. 15

Plans of every type and scale and zoning plans, together with amendments and revisions thereto, which shall not impair the integrity of the surrounding zoning, concerning plots and land belonging to entities in the privatisation programme or over which easement and/or usage rights have been obtained in favour of such entities, and plots and land taken into the privatisation programme for privatisation under their special laws, in all areas falling within the scope of the provisions of general and special laws, including places falling within the scope of Coastal Law No. 3621 or Tourism Encouragement Law No. 2634, shall be prepared, or caused to be prepared, by the Prime Ministry Privatisation Administration, with a city planner as their author, after obtaining the opinion of the institutions or organisations authorised to prepare and approve zoning plans, and shall become final (…) and enter into force upon being approved by the Privatisation High Council and published in the Official Gazette. The relevant entities may not amend plans made under this Article for a period of five years from the date of transfer. Within this period, the work and procedures relating to zoning plan amendments to be made in order to ensure compliance with court decisions to be rendered concerning the zoning plans shall be carried out by the Privatisation Administration in accordance with the procedures and principles set out in this Article. The relevant entities shall communicate their opinions within fifteen days. The provisions in the second and eighth paragraphs of subparagraph (a) of Article 17 of Law No. 2863 on the Protection of Cultural and Natural Property shall not apply to plans of every scale and zoning plans made under this Article. Where needed during the privatisation process, parcellation plans relating to the zoning implementation to be carried out according to these plans shall be prepared, or caused to be prepared, by the Privatisation Administration. These parcellation plans shall be approved by the Privatisation Administration (…). All kinds of licences, other documents and permits for buildings to be constructed according to these plans shall be issued by the competent institutions and organisations within the framework of the relevant legislation.

Annulled by Constitutional Court decision of 4/12/2014, E. 2013/114, K. 2014/184

Added: 16/5/2012, Law No. 6306, Art. 14

Those provisions of Municipal Law No. 5393 of 3/7/2005, and of the regulations to be issued under that Law, which relate to zoning implementation shall enter into force upon publication in the Official Gazette after being approved by the Ministry of Environment and Urbanisation, taking into account this Law, the regulations put into force under this Law and the conditions of the municipality.

Added: 29/11/2018, Law No. 7153, Art. 16

As of 1/6/2019, new zoning plans to be prepared and approved for areas that have not undergone zoning implementation shall mandatorily include, in accordance with the procedures and principles determined by the Ministry and throughout the plan as a whole, bicycle paths for transport purposes and bicycle parking stations. In places where bicycle paths cannot be built due to topography and land slope, pedestrian paths shall be arranged instead.

Added: 4/7/2019, Law No. 7181, Art. 13

The boundaries and coordinates of those immovables requiring implementation under this Article, among immovables which involve a diversity of issues and a multiplicity of parties and whose problems cannot be resolved through individual actions, such as parcels whose register and ground have become inconsistent over time because area, boundary or share corrections could not be made, parcels in which zoning implementation errors could not be corrected despite their existence having been established, parcels which have been subjected to informal division and whose registration could not be achieved, and/or parcels whose actual user and owner have diverged over time for various reasons, shall be determined by the President of the Republic upon the proposal of the Ministry.

In the determined areas, in carrying out all kinds of improvement, renewal, transformation, expropriation and similar implementations, to be served on the persons concerned, the Ministry shall be authorised: in the ex officio correction, on the basis of the correct amount, of share errors relating to ownership, of the surface area and boundary arrangements of parcels, and of distribution and area errors in areas that have undergone zoning implementation; in the identification and procurement of immovables acquired through expropriation, exchange and similar means, of immovables in the private ownership of the Treasury, or under the sovereignty and disposal of the State and capable of being subject to private ownership, or, where needed, of immovables outside the determined area that are in the private ownership of the Treasury, for the purpose of being evaluated within the scope of the implementations and used in expropriations to be carried out by way of exchange; in the conduct of the work and procedures relating to immovables that must be transferred and assigned to third parties and of transactions at the land registry; and in zoning plans of every scale and zoning implementations in the relevant areas, as well as in transfer to right holders and similar related procedures.

The procedures and principles concerning the implementation of this Article shall be determined by the Ministry.

Added: 14/2/2020, Law No. 7221, Art. 12

Plan amendments shall be made in conformity with the characteristics of the settlement, in a manner that does not disrupt the main plan decisions, the continuity and integrity of the plan, or the balance of social and technical infrastructure, and provided that technical justifications are furnished. For plan amendment proposals, a social and technical infrastructure impact assessment report including a needs analysis shall be prepared and submitted to the administration that will approve the plan.

Except for changes of function, zoning plan amendments that increase, on a parcel basis, the population, building density, number of storeys or building height may not be made. Added sentence: 5/12/2024, Law No. 7534, Art. 7 However, a function may not be converted to residential use on a parcel basis.

In blocks formed with an area of not less than one thousand square metres, the cultural facilities and social and technical infrastructure uses required in plan amendments that increase, on a block basis, the population, building density, number of storeys or building height, or that introduce a change of function, must be provided within an area having a radius of at most 500 metres from the centre of the block.

Amended paragraph: 5/12/2024, Law No. 7534, Art. 7 Ninety per cent (90%) of the increased value of the parcel or parcels whose value increases as a result of a change of function on a parcel basis upon the request of all of the owners of the immovable or of a zoning plan amendment to be made on a block basis, and, in zoning plan amendments annulled by the courts, ninety per cent of the value difference arising in the parcel or parcels covered by the zoning plan that ceased to be in force as a result of the zoning plan amendment and by the proposed new zoning plan, shall be collected as a value increase share. In determining the amount of the value increase share, the valuation principles set out in Article 11 of Law No. 2942 shall be taken into account.

Amended paragraph: 5/12/2024, Law No. 7534, Art. 7 The value increase that will occur in an immovable as a result of a zoning plan amendment shall be determined by the valuation commission established by the administration, at not less than the average new value determined by at least two licensed real estate appraisal firms authorised under Law No. 6362 through a valuation under the conditions of the plan in force, as specified in the plan amendment explanatory report, together with a post-amendment valuation. The value increase share may be paid in advance or in instalments. If the value increase share is paid in advance, a 10% discount shall apply, and it shall be paid within one month following the date of accrual at the latest. If the value increase share is paid in instalments, the first payment shall be made interest-free within the first month following the date of accrual. Subsequent instalment payments shall be made in a total of four instalments, falling in the sixth, twelfth and eighteenth months after the first payment, with an increase effected by adding to the remaining debt the monthly change rates of the Consumer Price Index (CPI) determined for each month by the Turkish Statistical Institute. In the event of early payment of instalments, the instalment amount to be paid shall be calculated by adding to the remaining debt as at the date on which the instalment is paid the monthly change rates of the Consumer Price Index (CPI) determined for each month by the Turkish Statistical Institute. Until the value increase share has been paid in full, no sale, transfer or donation may be made at the land registry and no building licence may be issued.

The fact that the immovable is subject to value increase shall be annotated in the land register. Except for licence amendments to be made without changing the floor area ratio, construction area, building height and purpose of use, no building licence may be issued unless the value increase share has been paid.

Value increase share amounts shall be deposited by the owners of the immovables with banks authorised by the Ministry of Treasury and Finance and/or with the relevant accounting unit. Of the amounts deposited:

a) In provinces with a metropolitan municipality, 25% to the relevant account of the metropolitan municipality, 25% to the relevant account of the relevant district municipality, and 25% to the Transformation Projects Special Account established under Law No. 6306 on the Transformation of Areas under Disaster Risk,

b) In provinces without a metropolitan municipality, 40% to the relevant account to be opened at the administration approving the zoning plan amendment, and 30% to the Transformation Projects Special Account established under Law No. 6306 on the Transformation of Areas under Disaster Risk,

c) Of the value increase arising from a zoning plan amendment approved by the Ministry, 75% to the Transformation Projects Special Account established under Law No. 6306 on the Transformation of Areas under Disaster Risk; and of the remaining value increase share, in provinces with a metropolitan municipality, 15% to the relevant account of the metropolitan municipality and 10% to the relevant account of the relevant district municipality, and in places without a metropolitan municipality, the entire remaining value increase share other than the Ministry's share to the relevant account to be opened by the relevant administration in the place where the plan amendment was made,

shall be transferred by the relevant provincial directorates of finance (defterdarlık) within five working days; and 25% of the value increase share remaining under subparagraph (a), 30% of the value increase share remaining under subparagraph (b), and, where the zoning plan amendment is approved by other general budget administrations, the entire value increase share shall be recorded as revenue to the general budget.

Added paragraph: 5/12/2024, Law No. 7534, Art. 7 In areas allocated to public service uses in zoning plans whose transfer into public ownership could not be achieved under Article 13, a plan amendment for the purpose of a change of function, excluding residential use, may be made without allocating an equivalent area, after obtaining the opinion of the relevant administration that is to provide the public service stating that it does not need the public service area, in accordance with the provisions of Additional Article 1 of Law No. 2942 and provided that it is compatible with the surrounding building conditions.

The provisions of this Article shall not apply to: plan amendments, in parcels on which a risky building is located, that increase the construction area forming the basis of the floor area ratio granted by the zoning plan in force and the plan notes by at most 20%; plans or plan amendments to be made in areas within the scope of Law No. 6306 on the Transformation of Areas under Disaster Risk of 16/5/2012, in public investments and areas under public ownership, and in areas belonging to annexed and attached foundations (mazbut ve mülhak vakıflar); plan amendments to be made, in accordance with the procedures set out in subparagraph (b) of paragraph 1 of Article 8, concerning heights determined in zoning plans as "yençok: serbest" (maximum height: unrestricted); zoning plans to be established in order to implement court decisions in line with the grounds for annulment; and zoning plan amendments within the scope of Additional Article 1 of Law No. 2942.

The procedures and principles concerning the implementation of this Article shall be determined by the Ministry.

Added: 11/11/2020, Law No. 7256, Art. 26

Excluding the towers and masts referred to in paragraph 4, towers and masts higher than fifteen metres dedicated to the installation of electronic communications stations within the scope of Electronic Communications Law No. 5809 of 5/11/2008, to be erected in places under the sovereignty and disposal of the State, in all areas allocated to public services such as public service areas, and on plots and land subject to public or private ownership, together with the mandatory infrastructure elements pertaining to them, shall be shown in 1/1000 scale implementation zoning plans without any restriction as to area function and without collecting any price, charge or fee. Added sentence: 5/12/2024, Law No. 7534, Art. 8 In places where there is no 1/1000 scale zoning plan, the tower shall be submitted for approval to the relevant administration by being plotted on the 1/1000 scale current-state map, if any, or, in places where there is no current-state map, by having a current-state map covering an area of 1000 square metres prepared and plotting the tower thereon.

In places under the sovereignty and disposal of the State, in all areas allocated to public services such as public service areas, and on plots and land subject to public or private ownership, a licence shall be obtained for towers and masts shown in 1/1000 scale implementation zoning plans and for the mandatory infrastructure elements pertaining to them. In licence applications, no project or document may be requested other than a sketch showing the horizontal and vertical elevations and the structural and electrical projects. A document concerning the lease or use agreed between the owner or the holder of the right of disposal and the operator shall be attached to the licence application. A single licence shall be issued for these towers or masts and for the container, cabin, cabinet and similar infrastructure elements housing the electronic communications equipment to be installed together with them.

For towers and masts dedicated to the installation, in places under the sovereignty and disposal of the State, in all areas allocated to public services such as public service areas, and on plots and land subject to public or private ownership, of electronic communications stations not shown in 1/1000 scale implementation zoning plans and not exceeding fifteen metres in height, and for the mandatory infrastructure elements pertaining to them, permission shall be granted by the relevant administrations without requiring any other condition, provided that a report prepared by civil engineers stating that there is no structural objection is submitted, technical responsibility is assumed, a document concerning the lease or use agreed between the owner or the holder of the right of disposal and the operator is submitted, the necessary and sufficient protection distance determined in the relevant legislation of the Information and Communication Technologies Authority is left, and a site selection certificate has been obtained.

Paragraph 4 annulled by Constitutional Court decision of 1/6/2023, E. 2021/5, K. 2023/109 Re-enacted: 5/12/2024, Law No. 7534, Art. 8 For towers and masts on structures and buildings and for the mandatory infrastructure elements pertaining to them, permission shall be granted by the relevant administration without requiring any other condition, provided that their height is less than ten metres; that a report prepared by civil and electrical/electronic engineers stating that there is no structural or electrical objection, together with an undertaking that technical responsibility has been assumed by these professionals, is submitted, and that a document concerning the lease or use agreed between the owner or the holder of the right of disposal and the operator is submitted; that the necessary and sufficient protection distance determined in the relevant legislation of the Information and Communication Technologies Authority is left and a safety certificate to that effect is submitted; and that a site selection certificate has been obtained in accordance with the relevant legislation.

In licence and building occupancy permit applications made under paragraph 2, a licence fee and a building occupancy permit fee shall be collected in accordance with Municipal Revenues Law No. 2464 of 26/5/1981. In permit applications made under paragraphs 3 and 4, a permit certificate charge equal to the total amount of the licence fee and the building occupancy permit fee shall be collected. Under this Article, the area of towers and masts dedicated to communications stations that forms the basis of the licence fee, the building occupancy permit fee and the permit charge shall be calculated as base area*(height/5). Apart from these, no fee, charge or price may be collected.

All types of electronic communications equipment and the technical hardware and components of such equipment shall not be subject to a permit or licence. However, in the first permit or licence application made under paragraphs 2, 3 and 4 for towers and masts and for containers, cabins and cabinets, the electronic communications equipment and its technical hardware shall be shown in the structural projects or reports. In the event of a technology change, addition or revision in electronic communications equipment and its technical hardware, no separate project or report shall be prepared for these matters.

Where public institutions or organisations allow the use of a site for electronic communications stations, the annual site usage charge to be collected under the contract may not exceed five times the fee determined by the Ministry of Transport and Infrastructure for the site selection certificate in metropolitan municipalities, and three times that fee in other places. Contracts made in breach of this provision shall be invalid.

The procedures and principles concerning the showing in zoning plans of infrastructure elements such as towers, masts, containers, cabins and cabinets dedicated to the installation of electronic communications stations, the projects, reports, information and documents to be submitted in licence or permit applications for their installation, and the permit certificate, building licence and building occupancy permit specific to them shall be regulated by the Ministry by regulation, upon obtaining the favourable opinion of the Ministry of Transport and Infrastructure.

Added: 16/11/2022, Law No. 7421, Art. 8

In the preparation of zoning plans, the necessary sites for cemevis (Alevi places of worship) shall be set aside, taking into account the conditions and future needs of the planned municipality and region.

In provinces and districts, cemevis may be built provided that the permission of the chief local administrative authority is obtained and that they comply with the zoning legislation.

A cemevi site may not be allocated to other purposes in breach of the zoning legislation.

Added: 5/12/2024, Law No. 7534, Art. 9

The duties and powers of the Ministry of Environment, Urbanisation and Climate Change are as follows:

a) To perform the duties set out in the relevant legislation,

b) To determine the basic principles, strategies and standards for physical plans of every type and scale and for their implementation, and to ensure their implementation; to prepare ex officio, have prepared and approve surveys, maps, environmental plans, master and implementation zoning plans of every type and scale, and land and plot readjustments and amendments thereto, relating to areas authorised by the President of the Republic and public investments within the competence of the central administration, all kinds of structures to be built on publicly owned plots and land, facilities related to national security, military restricted zones, general shelter areas, special security zones, and energy and telecommunication facilities; and, where licensing is not carried out by the competent administrations within two months from the date of application, to issue ex officio the permit and the building occupancy permit,

c) To determine the procedures and principles to be complied with by administrations in improvement, renewal and transformation implementations to be carried out in urban and rural areas and settlements, including squatter houses (gecekondu), coastal areas and facilities, and areas excluded from forest and pasture status owing to the deterioration of their character; to prepare, have prepared and approve surveys, maps, plans, land and plot readjustments and building projects of every type and scale for special project areas determined by the Ministry that will increase the brand value of cities and contribute to the development of the city, such as finance and trade centres, fair and exhibition areas, entertainment centres and main entrance arrangements of cities, to ensure that expropriation, licensing and construction works are carried out, to issue building occupancy permits and to ensure the establishment of condominium ownership in these areas; to prepare, have prepared and approve surveys, maps, plans, and land and plot readjustments of every type and scale relating to implementations carried out by the Presidency of the Housing Development Administration pursuant to the Mass Housing Law No. 2985 of 2/3/1984 and the Squatter Housing Law No. 775 of 20/7/1966, to carry out licensing works, to issue building occupancy permits and to ensure the establishment of condominium ownership in these areas,

ç) In relation to investments to be made by the public or private sector on immovables under the rule and disposal of the State or owned by the Treasury, public institutions or organisations, natural persons or private law legal persons, to prepare, have prepared and approve, against payment, upon the request of the relevant parties to the governorship and the proposal of the governorship to the Ministry, surveys, maps, environmental plans, master and implementation zoning plans of every type and scale, and land and plot readjustments and amendments thereto which, although prepared or caused to be prepared by the relevant parties, have not been approved by the competent administration within three months; and, where they are not issued by the competent administration within two months from the date of application, to issue ex officio, against payment, the building permit and the building occupancy permit as well as the workplace opening and operating licence,

d) To collect a plan review and processing service fee for plans of every type and scale which it prepares or approves, and to calculate this fee taking into account the Revolving Fund Unit Price List of the relevant year,

e) For the purpose of improving, beautifying, renewing and reviving the Atatürk Cultural Centre area determined by Article 3 of Law No. 2302 of 23/9/1980 on the Celebration of the 100th Anniversary of Atatürk's Birth and the “Establishment of an Atatürk Cultural Centre”, and after also obtaining the opinion of the Ministry of Culture and Tourism, to prepare, have prepared and approve surveys, maps, plans, land and plot readjustments and building projects of every type and scale for this area, and to ensure that expropriation and licensing procedures and other works and procedures are carried out,

f) To regulate local administrations and their relations and dealings with the central administration; to resolve doubts concerning the implementation of laws regulating local administrations, and to carry out regulatory and guiding acts,

g) To approve plans, land and plot readjustments and urban design projects of every type and scale made in areas falling within the scope of Law No. 6306,

ğ) Provided that they remain within the project scope determined by the President of the Republic, to prepare, have prepared and approve surveys, maps, plans, expropriation, and land and plot readjustments of every type and scale for the purpose of giving new functions to and developing publicly owned registered land and unregistered land, and land belonging to private persons or organisations subject to obtaining their consent,

h) To determine the principles for the preparation of plans of every type and scale relating to areas authorised by the President of the Republic and public investments within the competence of the central administration, all kinds of structures to be built on publicly owned plots and land, facilities related to national security, military restricted zones, buildings to be constructed within the framework of the provisions of Law No. 7269, general shelter areas, special security zones, infrastructure, superstructure and transmission lines related to energy and telecommunication facilities, production facilities and depots for flammable, combustible and explosive substances, and areas such as fuel and liquefied petroleum gas stations; and, where necessary, to prepare, have prepared and approve ex officio maps, surveys, plans and land and plot readjustments of every type and scale relating thereto. To ensure coordination among ministries, local administrations and professional organisations in works and procedures relating to planning, and to ensure the improvement and development of the planning process,

ı) To supervise professional organisations of architecture and engineering in matters falling within the Ministry's field of duty.

Added: 21/7/2025, Law No. 7557, Art. 14

In parks with a total surface area exceeding 2,500 square metres, an allocation of land may be made by the competent administration or the Ministry of Environment, Urbanisation and Climate Change, upon the request of the Ministry of Health, for the construction of emergency health services stations, healthy living centres and family health centres, without setting aside an equivalent area and without amending the zoning plan.

The allocation shall be made in the amount of the surface area requested by the Ministry of Health, such that the size of the area allocated for the health facilities to be built does not exceed twice the footprint area, provided that, in parks with a surface area from 2,500 square metres up to 5,000 square metres, the dimensions of temporary structures are not exceeded and, in parks exceeding 5,000 square metres, the footprint area does not exceed 250 square metres, the number of storeys does not exceed 2 and the building height does not exceed 7.50 metres.

Places allocated under this Article and buildings constructed for this purpose may not be transferred and may not be used for any other purpose. Where these places are transferred or used contrary to the purpose of allocation, the allocation made shall be revoked.

CHAPTER SEVEN

Transitional Provisions and Entry into Force, Execution

Use of structures for their intended purpose:

Structures located in any area and built after the entry into force of Law No. 2981 may not be used for purposes contrary to the formation conditions of their zone, the principles of the zoning plan and the provisions of regulations. Such structures shall be restored to their former state by those who caused them to be built within 3 months from the date of publication of the Law. If the non-conformity is not remedied at the end of this period, it shall be remedied by the Municipality or the governorship, or caused to be remedied, and the cost shall be collected from the owner of the structure with a 20% surcharge.

Parking spaces used for other purposes:

With respect to those parking spaces for which a building occupancy permit was obtained before the date of entry into force of the Law, which were allocated to other purposes contrary to the permit and its annexes, which do not fall within the scope of Law No. 2981, and for which allocation of parking is required under the parking regulation, action shall be taken in accordance with the last paragraph of Article 37.

Permits and authorisations granted earlier:

Permits and authorisations granted before the date of entry into force of the Law in accordance with the zoning plan and the legislation thereon shall remain valid.

Those immovables which were registered in the land register as a common entrance before the entry into force of the Law and are actually used by the public as a road, but whose land register entries have not been deleted as roads, and which are reserved for public services and facilities in the zoning plan, shall be deleted from the land register in accordance with the allocation purpose in the zoning plan, without seeking consent, by decision of the municipal executive committee (belediye encümeni) within municipal and adjacent area boundaries, and by decision of the provincial administrative board outside them.

Customary ground rights (örfü belde, paftos):

Gedik rights and ground rights (örfü belde-paftos) located within or outside municipal boundaries and adjacent areas shall be liquidated in accordance with the provisions of this Law, irrespective of whether or not they have lost their existence by being completely demolished and extinguished (müntafi ve münhedim).

The ground rights in immovable property subject to liquidation have been converted into a monetary price.

The ground right price is 1/5 of the latest property tax value of the ground of the immovable property to which it belongs. The ground right price thus determined shall, upon application by the gedik holder, be deposited in trust by the land registry administration with a national bank in the name of the holder of the ground right. If no application is made, a statutory mortgage shall be established in favour of the ground owner.

1/4 of the ground right price shall be paid in advance and the balance in equal annual instalments within three years at the latest, and the bank shall apply demand deposit interest to this amount. The advance amount and the instalments may not be less than TL 40 000. After these procedures, the necessary deletions and corrections shall be made ex officio in the land register.

Claims concerning the ground right price deposited in trust with the bank or secured by mortgage are subject to the general provisions.

In the implementation of improvement zoning plans prepared and approved under Law No. 2981, municipalities within municipal and adjacent areas, and governorships outside them, are authorised to determine the conditions and forms relating to the issuance of construction permits.

First paragraph annulled by Constitutional Court decision of 11/12/1986, E. 1985/11, K. 1986/29

In the Bosphorus area, existing setback storeys shall be raised to full storeys provided that they remain within the same building envelope (gabari). However, owners of roof storeys whose right to use the terrace has not previously been registered in the land register shall pay to the other storey owners, in proportion to their shares, the value obtained by multiplying the area gained by the value of one square metre found by dividing the apartment value declared for property tax by the square metres of the apartment. If those owners are not present, this amount shall be deposited with a national bank in their names.

Time limit for issuing regulations:

Regulations showing the implementation of this Law shall be issued within 6 months at the latest from the publication of the Law.

Added: 30/5/1997, Decree Law No. 572, Art. 2

In order for the arrangements envisaged in Additional Article 1 of this Law to be carried out in existing and future infrastructure areas and structures, the necessary amendments shall be made by the Ministry of Public Works and Settlement by 1/6/1998 in zoning regulations and in the legislation relating to public buildings.

Added: 8/1/2002, Law No. 4736, Art. 2

Where it is documented that one or more infrastructure services such as roads, water, sewerage and natural gas have been provided by municipalities to structures for which an occupancy permit has not been granted or obtained, electricity, water and/or telephone may be connected temporarily until an occupancy permit is obtained, provided that the technical requirements have been fulfilled in line with the relevant regulations and upon an application made within six months from the date of publication of this Law.

The connection of electricity, water and/or telephone under this Article shall not constitute any acquired right.

Added: 9/7/2008, Law No. 5784, Art. 25

To structures for which a building (construction) permit was obtained by 1/7/2022 and which were built in accordance therewith, but for which an occupancy permit has not been granted or obtained, where it is documented that one or more infrastructure services such as roads, electricity, water, telephone, sewerage and natural gas have been provided, water and/or electricity may be connected temporarily until an occupancy permit is obtained, taking into account the subscriber group to which they belong as defined in the relevant legislation, provided that the technical requirements have been fulfilled in line with the relevant regulations and upon an application made from the date of publication of this Article. In this context, since the subscription shall be cancelled where the relevant municipality requests the distribution companies to cut off the electricity, the connection of water and/or electricity shall not constitute any acquired right. However, the requirement of having obtained a building (construction) permit and having been built in accordance therewith shall not apply to structures built before 31/12/2021.

Subscriptions made before the date of entry into force of this Article shall also be converted to the group to which they belong.

Added: 9/12/2009, Law No. 5940, Art. 4

The regulation on the matters envisaged in subparagraph (e) of paragraph (I) of Article 44 of this Law shall be put into force within one year.

Added: 9/12/2009, Law No. 5940, Art. 4

After the entry into force of this Article, among those wishing to obtain a certificate of competence in branches such as construction, installation, electrical work, plastering and similar, those who document the branch in which they work shall be issued a temporary certificate of competence showing that they are master craftsmen. These certificates shall be converted into permanent certificates of competence as of 1/1/2012.

Added: 16/5/2012, Law No. 6306, Art. 14

Regulations issued by municipalities relating to zoning implementations before the date of entry into force of this Article shall be replaced, within one year at the latest from the date of publication of this Article, by regulations prepared within the framework of the principles in Additional Article 5 and put into force in accordance with the procedure in that Article. Otherwise, the said regulations shall cease to be in force as of the date on which the one-year period expires.

Added: 14/4/2016, Law No. 6704, Art. 10

Temporary electricity, water and natural gas connections and subscriptions shall be made, provided that consent is given to the transformation and renewal implementations, to structures without a building permit or a building occupancy permit among the structures located in areas designated as risk areas pursuant to Law No. 6306 of 16/5/2012 on the Transformation of Areas under Disaster Risk, as urban transformation and development areas pursuant to Article 73 of Law No. 5393, and as renewal areas pursuant to Law No. 5366 of 16/6/2005 on the Preservation by Renewal and Use by Revitalisation of Deteriorated Historical and Cultural Immovable Assets. The making of temporary electricity, water and natural gas connections and subscriptions for these structures shall not constitute any acquired right.

The period of a temporary subscription made pursuant to the first paragraph may not exceed five years. However, where the transformation and renewal implementations are prolonged, the temporary subscription arrangement shall continue for the duration of the implementation, not exceeding five years.

The provisions of this Article shall apply to structures built before 1/11/2015.

Added: 11/5/2018, Law No. 7143, Art. 16

For the purpose of registering structures that are unlicensed or contrary to the permit and its annexes within the scope of preparedness for disaster risks and of ensuring zoning peace, a Building Registration Certificate may be issued for structures built before 31/12/2017, where an application is made by 31/10/2018 to the Ministry of Environment and Urbanisation and the institutions and organisations it authorises, the conditions in this Article are fulfilled and the registration fee is paid by 31/12/2018. The ownership status of the structure subject to the application and of its plot, the class and group of the structure and other matters shall be recorded in the Building Registration System prepared by the Ministry on the basis of the declaration of the owner of the structure.

The registration fee, to be charged at the rate of three per cent for residences and five per cent for commercial uses on the sum of the property tax value of the plot on which the structure is located, as determined under Property Tax Law No. 1319 of 29/7/1970, and the approximate cost of the structure determined by the Ministry of Environment and Urbanisation, shall be deposited by the applicant into the account of the central accounting unit to be recorded as revenue in schedule (B) of the general budget. The Minister of Finance is authorised to add appropriations to the Ministry's budget corresponding to the revenues recorded for use within the scope of Law No. 6306. This appropriation shall be used by being transferred to the special account for transformation projects. The Council of Ministers is authorised to increase the rate of the registration fee up to two-fold, to reduce it by up to half, to grade it according to the nature of the structure and by region, and also to extend the application and payment period by up to one year.

The Building Registration Certificate relates to the purpose of use of the structure. To structures for which a Building Registration Certificate has been obtained, water, electricity and natural gas may be connected temporarily upon request, taking into account the subscriber group to which they belong as defined in the relevant legislation.

Demolition decisions taken under this Law Phrase annulled by Constitutional Court decision of 24/9/2020, E. 2019/21, K. 2020/51 (…) concerning structures for which a Building Registration Certificate has been issued, and administrative fines that have not been collected, shall be cancelled.

For structures which have obtained a building permit but have not obtained a building occupancy permit certificate, or which have no building permit, a change of type and condominium ownership may be established without requiring a building occupancy permit certificate, where there is a Building Registration Certificate, the consent of all the owners exists and the areas corresponding to public service areas in the zoning plans are ceded. In this case, twice the fee specified in the second paragraph shall be paid.

The transition to condominium ownership pursuant to the fifth paragraph shall not constitute an obstacle to the application of Additional Article 1 of Law No. 6306.

Where structures for which a Building Registration Certificate has been obtained were built on immovables belonging to the Treasury, these immovables shall be allocated to the Ministry. Upon purchase requests to be made by 31/12/2022 by holders of Building Registration Certificates and their statutory or contractual successors, the immovables shall be sold directly by the Ministry at market value. Sentences added: 8/4/2022, Law No. 7394, Art. 13 Where the full sale price is paid in advance, a discount of twenty per cent shall be applied, and where at least half of it is paid, a discount of ten per cent shall be applied. In instalment sales, at least ten per cent of the sale price shall be paid in advance and the remaining amount shall be divided into instalments over a period of up to five years. Half of the statutory interest rate shall be applied to the instalment amounts. Twenty-five per cent of the revenues obtained shall be recorded as revenue in the Ministry's special account for transformation projects. The remainder shall be recorded as revenue in the general budget in accordance with the second paragraph of this Article. Furthermore, the fifth paragraph of Article 5 of Law No. 4706 of 29/6/2001 on the Valuation of Immovable Property Belonging to the Treasury and the Amendment of the Value Added Tax Law shall not apply to these revenues, and the provision of its eleventh paragraph shall not apply to buildings and facilities. Sentences added: 4/7/2019, Law No. 7181, Art. 14 Where a title deed allocation certificate has been obtained for the immovable subject to the building registration certificate under the provisions of Law No. 2981 of 24/2/1984 on Certain Procedures to be Applied to Structures Contrary to Zoning and Squatter Housing Legislation and on the Amendment of an Article of Zoning Law No. 6785, and the plot prices on which this certificate is based have been paid, no additional sale price shall be charged under this Article. No compensation for unlawful occupation (ecrimisil) shall be charged, for the period between the date of the building registration certificate and the date of sale, for those parts of the immovables for which a building registration certificate has been obtained that are made subject to sale; compensation for unlawful occupation already assessed shall be cancelled, the amount of compensation for unlawful occupation collected as of the date of sale shall be set off against the sale price, and any amount in excess thereof shall not be refunded.

Where structures for which a Building Registration Certificate has been obtained were built on immovables belonging to municipalities, upon the requests of holders of Building Registration Certificates and their statutory or contractual successors, the immovables shall be sold directly by the municipalities at market value, provided that the price is paid to the relevant municipality.

Structures located on immovables subject to private ownership belonging to third parties and structures located on Treasury land allocated for social infrastructure shall not benefit from the provisions of this Article.

The Building Registration Certificate is valid until the structure is rebuilt or until an urban transformation implementation. In the event of the renewal of structures for which a Building Registration Certificate has been issued, the provisions of the zoning legislation in force shall apply. Sentence annulled by Constitutional Court decision of 23/7/2024, E. 2023/74, K. 2024/141

The provisions of this Article shall not apply in the area whose boundaries and coordinates are shown in the attached sketch and list within the Bosphorus shoreline strip and foreground view zone defined in Bosphorus Law No. 2960 of 18/11/1983, in the areas whose boundaries and coordinates are shown in the attached sketch and list within the Istanbul historic peninsula, nor in the Historic Area determined in subparagraph (e) of paragraph 1 of Article 2 of Law No. 6546 of 19/6/2014 on the Establishment of the Çanakkale Wars Gallipoli Historic Area Presidency.

The procedures and principles concerning the implementation of this Article shall be determined jointly by the Ministry and the Ministry of Finance.

Added: 29/11/2018, Law No. 7153, Art. 17

The 1/25,000 scale environmental plans in force shall be converted, within 5 years, into upper-scale environmental plans or master zoning plans. Within this period, no revision may be made to these plans; the procedures and principles for plan amendments to be made shall be determined by regulation.

Added: 29/11/2018, Law No. 7153, Art. 17

In the areas located within the boundaries of the Aksu district of Antalya province, referred to as the Çalkaya Region, which were declared urban transformation and development project areas by Council of Ministers decisions dated 9/4/2018 and numbered 2018/11605, 2018/11606 and 2018/11607, zoning implementation shall be carried out on the basis of the existing registered parcels, without taking into account errors in zoning implementations originating from the history of the title deed records.

Zoning and parcellation plans at every scale prepared within the scope of the urban transformation and development project shall be made, caused to be made and approved by the Antalya Metropolitan Municipality. The public display (posting) announcements of parcellation plans shall have the effect of written notification. Zoning and parcellation plans shall enter into force on the date of their approval.

Where deemed necessary in the parcellation plans in the urban transformation and development project areas, an additional readjustment contribution share deduction may be made at an equal rate from the parcels formed as a result of zoning implementation, provided that it does not exceed five percent.

In the urban transformation and development project areas specified in paragraph 1:

a) Where the difference between the area of registered parcels as registered in the land register and their calculated area exceeds the tolerance limit, the surface area recorded in the title deed shall prevail.

b) As a rule, the areas of parcels registered more than once within and on the boundary of the implementation area, both of which remain within the implementation boundaries, shall be included in the zoning implementation.

c) The Antalya Metropolitan Municipality shall be authorised to have independent or shared parcels, which were made shared and allocated to different locations during previously conducted zoning implementations, registered independently and ex officio by way of partition in the names of the owners of the land shares.

ç) Share errors in the land registers that have been found to be contrary to the documents on which registration was based shall be corrected ex officio by applying the correct share.

d) In parcels that must be allocated to Treasury ownership, and in operations for relocating to another area the existing parcels located in the areas where such parcels are formed, conformity with the principle that "zoning parcels shall, as far as possible, be allocated to the former parcels at the same location or in its vicinity" shall not be required.

In the urban transformation and development project areas, after the zoning and parcellation plans become final, the Antalya Metropolitan Municipality may, where deemed necessary, transfer some or all of its powers arising from the relevant legislation to the Aksu Municipality and other public administrations.

In cases for which no provision exists in this article, the provisions of the relevant legislation shall apply.

Added: 4/7/2019, Law No. 7181, Art. 15

Work and transactions carried out according to the readjustment contribution share and public contribution share deductions calculated in parcellation plans that were approved by the relevant administration or competent institution before the date on which this article enters into force but whose registration procedures have not been completed shall be continued for a period of two years from the date on which this article enters into force.

Added: 14/2/2020, Law No. 7221, Art. 13

In line with the provisions in the tenth paragraph of subparagraph (b) of paragraph 1 of Article 8 of this Law, the relevant administration shall be obliged to make plan amendments and revisions by council decision by 1/7/2021. In areas where building heights have been determined as "maximum height (yençok): free", no building permit may be issued until the plan amendment and revision are made. Where an application for a building permit is made within the specified period for parcels located in such areas, it shall be mandatory to make plan amendments and revisions for the area as a priority without waiting for the end of the period.

Added: 14/2/2020, Law No. 7221, Art. 14

In buildings for which a building registration certificate has been obtained within the scope of provisional Article 16 of this Law, and in buildings which, before the date on which this article enters into force, were determined pursuant to paragraph (b) of Article 13 of the Law No. 7269 dated 15/5/1959 on Measures to be Taken and Assistance to be Provided due to Disasters Affecting Public Life to have been damaged but capable of being remedied, strengthening may be carried out by adopting a strengthening decision in accordance with the Condominium Law No. 634 dated 23/6/1965, provided that no additional construction area is created. For these buildings, strengthening permission shall be granted by the relevant administration on the basis of the strengthening project, without being subject to the conditions and restrictions provided for in this Law and other relevant legislation. Where the ownership of the immovable on which the building to be strengthened stands belongs to the municipality or the Treasury, strengthening may not be carried out unless the immovable is purchased. Where the building to be strengthened encroaches on immovables belonging to third parties, the consent of the third persons onto whose immovable it encroaches shall be required for strengthening.

Strengthening work and transactions to be carried out within the scope of this article shall be subject to the supervision of building inspection firms within the scope of the Law No. 4708 dated 29/6/2001 on Building Inspection. Building inspection firms found not to have fulfilled their supervision duty within the scope of this article shall be subject to the administrative and criminal sanctions set out in Articles 8 and 9 of Law No. 4708, according to the nature of the acts and circumstances found.

In the event that buildings granted strengthening permission under this article are demolished for any reason, the plan and legislative provisions in force shall apply to the buildings to be rebuilt in these areas.

The provisions of this article shall not apply to buildings within the scope of the Law No. 2863 dated 21/7/1983 on the Protection of Cultural and Natural Assets.

Added: 14/2/2020, Law No. 7221, Art. 15

The second, third, fourth and fifth sentences of paragraph 5 of Article 32 shall not apply to buildings for which a demolition decision was taken by the relevant administration before the date on which this article enters into force.

Added: 25/3/2020, Law No. 7226, Art. 40

Administrative fines imposed on the basis of the provisions of paragraph 2 of Article 42, as amended by the Law No. 7221 dated 14/2/2020 on Geographic Information Systems and on Amendments to Certain Laws, shall be collected in the amounts calculated in accordance with the procedure in paragraph 2 of Article 42 as amended by the Law establishing this article.

Of the payments made, before the date on which this article enters into force, in respect of administrative fines imposed pursuant to paragraph 2 of Article 42 as amended by Law No. 7221, amounts collected in excess of the amounts calculated in accordance with the procedure in paragraph 2 of Article 42 as amended by the Law establishing this article shall, if requested by the person concerned by 1/6/2020, be refunded within one month from the date of the request.

Added: 11/11/2020, Law No. 7256, Art. 27

Towers and masts installed before the date on which additional Article 9 enters into force and falling within the scope of paragraph 1 of that article shall, upon application by the operators within one year from the date on which this article enters into force, be marked within three years on the 1/1000 scale implementation zoning plans, without any restriction as to area function and without charging any price, charge or fee. Where no application is made, action shall be taken pursuant to Articles 32 and 42.

For towers and masts dedicated to electronic communication stations installed before the date on which additional Article 9 enters into force, together with their mandatory infrastructure elements, permission or a licence shall be deemed to have been granted for the said towers and masts dedicated to communication stations and their mandatory infrastructure elements, without requiring any other document, on condition that the operator that first installed the electronic communication station submits a letter of application within one year and completes the necessary documents within three years, that a report to be prepared by civil engineers stating that they are structurally (statically) suitable, and the security certificate issued by the Information and Communication Technologies Authority or, for those not subject to a security certificate, the right-of-use authorisation document relating to the allocation of a radio-link frequency, the electricity subscription or a document evidencing the relevant date, are submitted to the administration, that the static/reinforced concrete technical responsibility for the said towers and masts is assumed, and that the price calculated by the method set out in paragraph 5 of additional Article 9 is paid. Apart from this charge, no fee, charge or price shall be collected.

Amended paragraph: 5/12/2024, Law No. 7534, Art. 10 For towers and masts, and their mandatory infrastructure elements, for which a permit application was made in due time pursuant to paragraph 4 of additional Article 9 as rearranged by the Law establishing this article, without collecting a fee or permit price again where the fee or permit price has been paid, and for permits or licences to be obtained pursuant to paragraphs 1 and 2 for electronic communication stations installed between 2/7/2004 and 1/10/2009, operators shall apply to the relevant administration within one year from the date on which this article enters into force. As a result of the examinations to be carried out by the relevant administration, permission or a licence shall be deemed to have been granted, provided that the documents set out in this article are completed within the application period.

Administrative fines (…) imposed pursuant to Articles 32 and 42 for towers and masts dedicated to the installation of electronic communication stations built before the date on which additional Article 9 enters into force shall not be collected. However, administrative fines already paid shall not be refunded.

Added: 10/6/2022, Law No. 7410, Art. 10

For the incomplete buildings on parcels where, before the date on which this article enters into force, construction was started after obtaining a permit for more than one building and a construction servitude was established, but whose initial permit became void due to expiry of time before some of them were completed, in new permit applications to be made without any change in the building projects, except for changes that must be made for earthquake safety in the approved structural (static) project annexed to the permit, the consent of all the owners of the relevant building for which the permit application is made shall be required.

Entry into force:

Articles 43/b, c, d, e; 46; 47 and 48 and provisional Article 7 of this Law shall enter into force on the date of its publication; its other articles shall enter into force 6 months after its publication.

Execution:

The provisions of this Law shall be executed by the Council of Ministers.

Annexed sketch and boundary and coordinate list: 11/5/2018, Law No. 7143, Art. 16

Amended: 27/12/2018, Law No. 7159, Art. 4 Annulled by Constitutional Court decision of 24/9/2020, E. 2019/21, K. 2020/51