Legal Alerts

Amendments to Zoning Peace

Legal Alerts
Real Estate

Recent Development

The Communiqué on the Amendment to the Procedures and Principles for the Issuance of Building Registration Certificates (“Communiqué“) was published in the Official Gazette No. 30541 and dated September 20, 2018.

What’s New?

The Communiqué clarifies several matters of the application process for obtaining building registration certificates issued for buildings violating the zoning regulations within the framework of the zoning peace (“Certificate”). These clarifications include:

  • If a building does not have a construction permit and/or occupancy permit, the Certificate is issued for the whole building.
  • If a building has an occupancy permit, the Certificate is issued for each independent section violating the permit or its attachments. If a single owner owns this building and all of the building’s independent sections violate the permit, the Certificate is issued for the entire building.

A land’s property tax value that is subject to the calculation of a registration fee to obtain the Certificate is calculated according to the minimum unit value of the land and the plot’s square meter as specified by the respective municipality.

In addition to the above, the calculation of the land’s property tax value is made on:

  • Land share equal to the footprint area of the building for buildings owned by the treasury and municipalities;
  • Land share pro rata to the building for which the Certificate application is made, if there is more than one building on the same parcel; and
  • Share percentage of the building owners in joint-owned properties.

Amendments and additions were made regarding the calculation of the approximate building cost subject to the Certificate application for energy production facilities, ports, piers, shipyards and non-building structures.

For buildings registered as one independent section in accordance with their occupancy permits, such as shopping malls, hospitals, hotels, factories, and manufacturing plants, the approximate building cost is calculated in accordance with the area violating the permits. If the violation does not cause any extension of the building or the extension does not exceed 1,000 m², the approximate building cost is calculated by considering the area as 1,000 m².

The Communiqué clarifies previously ambiguous issues in the zoning peace. The last day to apply for the Certificate is October 31, 2018.