The Law on Amendments to Certain Laws and Restructuring of Tax and Certain Other Receivables No. 7143 ("Law") adding a provisional article to the Zoning Law No. 3194 and regulating the rules of the zoning peace ("Zoning Peace") newly included in the legislation was published in the Official Gazette No. 30425 and dated May 18, 2018.
What Does the Law Say?
The Law regulates the terms and conditions for the issuance of building registration certificates ("Building Registration Certificate") for buildings constructed before December 31, 2017 without a license or in violation of their licenses, annexes of licenses or zoning legislation.
Building Registration Certificate Issuance
The application for the Building Registration Certificate must be made to the Ministry of Environment and Urbanization and to the institutions determined by the Ministry of Environment and Urbanization by October 31, 2018. The Building Registration Certificate is issued in accordance with the building's current purpose. The registration fee ("Registration Fee") must be paid by December 31, 2018.
The Registration Fee for residences is 3% of the sum of the land's property tax value and the approximate building costs. For commercial properties, the Registration Fee is 5% of the sum of the land's property tax value and the approximate building costs. The Building Registration System, created by the Ministry of Environment and Urbanization, records the ownership statutes of a building and its land, building class and group, and other issues in accordance with the building owner's statement.
Advantages of Obtaining a Building Registration Certificate
Demolishment decisions and administrative fines that are outstanding will be revoked for buildings possessing a Building Registration Certificate.
Buildings (i) possessing a construction permit but not an occupancy permit and (ii) not possessing a construction permit are allowed to undergo land use conversion or the establishment of a condominium without an occupancy permit if they possess a Building Registration Certificate and all owners grant their approval. In such instances, the Registration Fee is doubled.
Validity Term of Building Registration Certificate and Exceptions
The Building Registration Certificate is valid until the building is reconstructed or urban transformation starts. When a building possessing a Building Registration Certificate is reconstructed, it will be subject to the applicable zoning plans and zoning legislation. The following areas are exempt from the Zoning Peace:
- the areas indicated in the Law's annex of the Bosphorus coast line and preview area defined under the Bosphorus Law No. 2960.
- the areas indicated in the Law's annex of the Istanbul Historical Peninsula.
- the Historical Area defined under Article 2(e) of the Law on Establishment of Directorate of Canakkale Wars Gelibolu Historical Area No. 6546.
Individuals or companies owning buildings constructed without licenses, in violation of their licenses and annexes,or zoning legislation can take advantage of the Law and the Building Registration Certificate. To do so, they must meet the necessary conditions, apply for the Building Registration Certificate by no later than October 31, 2018, and pay the Registration Fee by December 31, 2018.