The Law Regarding the Restructuring of Tax and Some Other Receivables and Amending Some Other Codes, No. 7143 (the "Law"), published in the Official Gazette dated 18 May 2018 and numbered 30425, introduced a provisional article 16 into the Zoning Law, No. 3194. This article, also commonly called zoning forbearance or "zoning peace", introduces certain provisions regarding buildings that were constructed prior to 31 December 2017 without a permit altogether, or at variance with relevant permits and plans. Pursuant to this article, owners of buildings which fall within the scope of provisional article 16 will be entitled to apply to the official authority to be determined by the Ministry of Environment and Urban Planning for a Building Registration Certificate.
One of the foremost consequences of obtaining a Building Registration Certificate is that all demolition decisions taken regarding the building in accordance with the Zoning Law, as well as all outstanding administrative fines assessed thereon on the same basis, will be cancelled. Secondly, these buildings will be temporarily permitted to connect to the electricity, water and gas networks.
Building Registration Certificate holders will be entitled to apply for type conversion or establishment of condominium ownership even in the absence of an occupancy permit, provided that certain conditions are fulfilled.
If the relevant buildings were constructed on immovable properties owned by either the Treasury or a municipality, the properties in question will be sold to the Building Registration Certificate holders at their market value.
Building Registration Certificates will be valid only until the relevant building is demolished or is made subject to urban renewal. Following the demolition of such buildings, the zoning plan and legislation in force will apply to new buildings to be constructed in their place, rather than the buildings' previous condition (in terms of the number of floors, use of construction coefficients, etc.).
Matters concerning the implementation of this provisional article are expected to be established in secondary legislation to be promulgated by the Ministry of Environment and Urban Planning.
Application Procedures and Conditions
The conditions for obtaining a Building Registration Certificate are: (i) to apply to the official authority to be determined by the Ministry of Environment and Urban Planning no later than 31 October 2018, and (ii) to pay the registration fee no later than 31 December 2018. 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.
After the Building Registration Certificate is obtained, conversion of type and establishment of condominium ownership will require the payment of fees equal to double the registration fee.
Exceptions to the Zoning Forbearance
he zoning forbearance will not apply to buildings constructed on lands owned by third parties other than the Treasury or municipalities, or to buildings constructed on lands owned by the Treasury but allocated to public use.
Additionally, areas located in:
- The Bosphorus Coastline and Frontal View Area, the borders and coordinates of which are indicated in the annexes of the Law;
- The Istanbul Historical Peninsula, the borders and coordinates of which are indicated in the annexes of the Law; and
- Areas indicated in Article 2 (1) (e) of the Law Establishing the Presidency of Gallipoli Wars Gallipoli Historical Area
are excluded from the scope of the Law.