The legislation known to the public as Zoning Forbearance entered into force on 18 May 2018. Secondary legislation had been expected to pass to clarify the many ambiguities that exist within this legislation. The Communiqué on Procedures and Principles Regarding the Issuing of Building Registration Certificates (the "Communiqué") was finally published in the Official Gazette and entered into force on 6 June 2018. The Ministry of Environment and Urban Planning began accepting applications on 8 June 2018 through the E-Government Portal. Some of the provisions introduced with the Communiqué are as follows:
How and When to Start Application Procedures?
Building owners or their proxies may apply for a Building Registration Certificate through either the E-Government Portal or the official authority to be authorized by the Ministry of Environment and Urban Planning until 31 October 2018.
Applications will be based on the statements of building owners.
How Are Registration Fees Calculated?
The registration fee will be calculated as 3% (residential use) or 5% (commercial use) of the sum of the property tax base of the relevant land and the approximate construction cost of the building, as determined by the Ministry of Environment and Urban Planning.
The Communiqué lists the unit costs that will be taken into consideration in the approximate construction cost calculation. These unit costs are as follows:
- 200 TL/m² for basic agricultural buildings
- 600 TL/m² for 1-2 story buildings and basic industrial buildings;
- 1,000 TL/m² for 3-7 story buildings and integrated industrial buildings;
- 1,600 TL/m² for 8 story or higher buildings;
- 2,000 TL/ m² for high-end buildings, villas, shopping malls, hospitals, hotels, and similar buildings;
- 100,000 TL/MW for Solar Energy Plants.
If the building is used for both residential and commercial purposes, the percentage of each type of area will be taken into account separately.
For buildings without a permit, residents are responsible for registration fees in accordance with their individual condominium's usage. The Building Registration Certificate will not be issued unless the due registration fee is paid in full.
For buildings with occupancy permits, owners whose condominiums cause a violation are responsible for the registration fee. This fee is calculated according to the ratio of the offending individual condominium in relation to the total number of condominiums in the building of the same use. Every owner who has paid the registration fee may obtain a Building Registration Certificate independently of other owners.
What Does a Building Registration Certificate Provide?
Building Registration Certificates will serve as permits to use a building. For example, business establishments that are located in buildings that do not have permission to use such buildings may be granted a workplace opening and working license with this document.
The Communique introduces a list of documents required for type conversion or the establishment of condominium ownership. These are:
- A Building Registration Certificate
- The Project Plan
- A document issued by the municipality certifying that areas that coincide with public service areas in the zoning plan
- The Management Plan
- A Ground Survey Report prepared by a Licensed Cadastral Office (LİHKAB)
In addition to the above-mentioned documents, it is required to pay an amount equal to the Building Registration Certificate's registration fee when applying to the land registry.
If the building is still under construction, it is possible to obtain a Building Registration Certificate for the parts that were completed without or against a permit before 31 December 2017. With this certificate, unfinished construction work may be completed.
If the relevant buildings were constructed on immovable properties owned by the Treasury, the immovable properties in question will be assigned to the Ministry. The Ministry shall then sell the immovable properties in question to the Building Registration Certificate holders or their successors at market value. The sale value may be split into installments of up to 5 years if 10% of such value is paid up front.
As for buildings constructed on immovable properties owned by a municipality, the sale value will be paid directly to the municipality in question.
As stated above, the system is built entirely upon faith in the statements of building owners. People who make false statements during the preparation of a Building Registration Certificate will face criminal charges. If these false statements cause a decrease in the registration fee, this shortfall will be collected. The Building Registration Certificate in question will be cancelled and the previously-paid registration fee will not be refunded if such shortfall is not paid.