Zoning Amnesty

The Construction Law numbered 3194 adopted on 3.5.2018 ensures the compliance between the residential areas with structure, science, health and environmental conditions.  In the mentioned Law, no regulations have been made regarding the zoning amnesty. New provisions regarding this issue have been regulated by the Law regarding the Restructuring of Taxes and Some Other Receivables and Amendment of Certain Laws numbered 7143 and dated 11.5.2018 (the “Law”). Provisional Article 16 has been added to the Construction Law to regulate zoning amnesty through Article 16 of the Law.

Communiqué on the Procedures and Principles Regarding the Construction Registration Certificate (“Communiqué”) has been recently published in the Official Gazette numbered 30443 on 6.6.2018 by the Ministry of Environment and Urban Planning. As cited in the Provisional Article 16 of the Construction Law numbered 3194, Article 2 of the Communiqué targets to regulate the procedures and principles of the Construction Registration Certificate with regards to the zoning amnesty. Matters that are in the scope of the Communiqué are; the application procedure to obtain the certificate, the fee calculations of the certificate and the choice of payment as well as the sale of the Treasury properties, constructions that cannot be granted with a certificate and measures towards the individual(s) who has given misleading information during the issuing of the certificate.  The ministry stated in this Communiqué is the Ministry of Environment and Urban Planning and the organisations listed in the Communiqué are the institutions authorised by the Ministry.

The addition of the Provisional Article 16 aims the recording of unlicensed structures or structures that are built against its license and annexes and ensuring the zoning peace within the scope of natural disaster risk.  The constructions built prior to 31.12.2017 can obtain a Construction Registration Certificate in the condition of applying to the authorised institutions before 31.10.2018. The Construction Registration Certificate can only be obtained if the conditions listed above are met and the payment of the registration fee is made until 31.12.2018.  The construction subject to the application and the ownership of the premises, the classification of the structure and other matters will be recorded in the Construction Registration System prepared by the Ministry based on the declaration of the owner. According to Article 3 of the Communiqué, Construction Registration System is defined as the creation of a software system by the Ministry that ensures the recording of constructions that are built against the construction legislation within the scope of Provisional Article 16 of the Law numbered 3194.

Article 4 of the Communiqué emphasizes the conditions that must be fulfilled for the application process in order to get the Construction Registration Certificate. The Construction Registration Certificate can only be obtained for the structures built before 31.12.2017, if the application is submitted prior to 31.10.2018, and the registration fee is paid before 31.12.2018. If all the above conditions are fulfilled, the application will be approved. The Council of Ministers is authorised to prolong the application and payment due dates for a duration up to one year. Each construction has its own Construction Registration Certificate; thus the application should be carried out separately for each construction.

Owner of the construction or a representative of one of the owners can submit the application for the Construction Registration Certificate through e-Devlet, or to any authorised institutions. In case the application is made through e-Devlet, the Construction Registration Form provided in the Construction Registration System must be filled.

Equally, constructions built in areas not regarded as zoning areas can be subject to legislation concerning construction, which essentially explains zoning amnesty.  Those who have acted contrary to the zoning legislation may benefit from this regulation with the addition of the Provisional Article.

Paragraph 2 of the Provisional Article highlights the regulation on calculating the fee for the Construction Registration Certificate. The registration fee is calculated as 3% for residential buildings and 5% for commercial use over the sum of the real estate tax of the construction which is determined according to the Real Estate Tax Law numbered 1319 and dated 29.7.1970 and the approximate cost determined by the Ministry of Environment and Urban Planning.  Article 5 of the Communiqué titled “Construction Registration Certificate fee and payment” details the procedure as well as matters such as the unit cost whilst calculating, structure of the calculations, and the deposition of the fee.

The Certificate of Construction is for the intended use of the construction. Buildings constructed in locations not classified as zoning area will face obstructions in water, electricity and gas supply.  As a result, Provisional Article 16 states that if it is demanded by the applicant based on the subscriber group in the relevant legislation; water, electricity and natural gas may temporarily be provided.

According to the Law numbered 3194, decisions taken to demolish the construction and any administrative fine that haven’t been collected will be cancelled.

According to paragraph 6 of the Provisional Article 16, constructions with a Construction Registration Certificate shall be allocated the Ministry, if it is constructed on the property of the Treasury. If constructed on a property of a Municipality, then with the request of the owner of the Construction Registration Certificate or, with the request of their legal or contractual successors, Municipalities may directly sell the construction in accordance with its market value. Constructions made on the private properties that belong to third parties and on the lands allocated for social facilities owned by Treasury shall not benefit from this provision.

Regulations regarding the constructions made on the property of the Treasury and Municipalities are detailed in Article 7 of the Communiqué.

Construction Registration Certificate is valid until the construction is rebuilt or reconstructed or becomes subject to urban regeneration.  If a construction with a Construction Registration Certificate is reconstructed or rebuilt, regulations of the Construction Law in force will be applied to such construction. Article 9 of the Communiqué states the period of validity of the Construction Registration Certificate parallel to the explanations in Provisional Article 16. Owner of the construction is responsible to ensure the construction is earthquake resistant and is in accordance with the standards of science and art.  

Areas that do not fall in the scope of this regulation are listed in paragraph 10 of the Provisional Article 16.  The provisions of the Provisional Article 16 shall not apply to the Bosphorus coast line and the areas located in the preview zone shown in the attached outline and list with its coordinates and borders defined in the Bosphorus Law dated 18.11.1983 and numbered 2960 and areas located in the İstanbul historical peninsula shown in the attached outline and list with its coordinates and borders and Historical areas determined in article 2 sub article (e) of the Law on the Establishment of the Çanakkale Wars Galipolu Historical Area Chairmanship dated 19.6.2014 and numbered 6546. Article 8 of the Communiqué which is titled as “Constructions that cannot have Construction Registration Certificate” also explains the matter in detail.

Article 10 of the Communiqué states that the Ministry has the authority to audit the Construction Registration Certificates given. If one makes a false statement during the formation of the Construction Registration Certificate, such individual(s) will be subject to a penalty according to article 206 of Turkish Criminal Code numbered 5237. This penalty is also applicable for the applications submitted through e-Devlet. If any misleading or false statement has caused an error in calculation, the missing amount will be collected from the individual(s). If the missing amount is not paid by the individual(s), the Construction Registration Certificate will be cancelled and the deposited fee shall not be refunded.   

If you have any questions regarding the Law and the Communiqué, please do not hesitate to contact with our firm at info@gurlaw.com.