Recent developments
As noted in our legal alert dated 29 July 2026, the Regulation on Zoning and Permitting Procedures for Wind and Solar Power Generation Facilities (“Regulation”) was published in the Official Gazette dated 24 July 2026 and numbered 33319 and entered into force on the same date. The Regulation grants the Ministry of Energy and Natural Resources (the “Ministry“) authority over zoning plans, parcellation, building permits, building occupancy permits and workplace opening and operating licenses for wind and solar power generation facilities holding a preliminary license or generation license (“Facility(ies)”).
To address uncertainties that may arise in practice in relation to the implementation of the Regulation, the Ministry published, through its announcement dated 24 August 2026, an Implementation Guide (“Guide”) setting out the application procedure before the Ministry and a Frequently Asked Questions document (“FAQs”). The Ministry’s announcement is available here (in Turkish).
Key issues clarified by the Guide and the FAQs
- The Ministry’s authority is not exclusive.
The Regulation, issued pursuant to Supplementary Article 1 of Law No. 5346 on the Utilization of Renewable Energy Resources for the Purpose of Generating Electrical Energy (“Renewable Energy Law”), grants the Ministry authority to: (i) approve the zoning and parcellation plans of the Facilities; (ii) issue building permits, building occupancy permits and workplace opening and operating licenses for the structures and ancillary facilities forming part of the Facilities; and (iii) take administrative action against license holders under Articles 32 and 42 of Zoning Law No. 3194 (“Zoning Law”) in respect of Facilities whose construction commenced without a permit where their zoning plans were approved by the Ministry, or which were constructed in breach of their permits where those permits were issued by the Ministry.
As noted in the FAQs, it was unclear whether this authority was exclusive, thereby removing the existing powers of municipalities, metropolitan municipalities and provincial administrations in relation to the Facilities and vesting such authority solely in the Ministry, or whether it constituted an alternative authority allowing applications to be made to the Ministry in addition to the authorities already competent under the applicable legislation. It was also unclear whether license holders could choose the authority to which they would apply.
The FAQs clarify that the Ministry’s authority is not exclusive and does not remove the powers of municipalities, metropolitan municipalities or provincial administrations. Rather, Supplementary Article 1 of the Renewable Energy Law grants the Ministry an alternative authority in addition to the existing powers of the relevant authorities. Accordingly, license holders may freely choose the authority to which they will apply for the relevant procedure.
However, due to the particular connection between building permits and building occupancy permits, the FAQs clarify that the Ministry may issue a building occupancy permit for a Facility only if the building permit for that Facility was also issued by the Ministry. By contrast, workplace opening and operating licenses are treated independently from building permits and building occupancy permits. Therefore, an application for a workplace opening and operating license may be made to the Ministry even if the relevant building permit was issued by a municipality.
- Applications submitted before the Regulation will not automatically transfer to the Ministry.
Given that the Ministry’s authority over the zoning and permitting procedures for the Facilities is not exclusive, the FAQs expressly state that pending procedures initiated before other authorities will not automatically transfer to the Ministry upon the entry into force of the Regulation. However, a license holder may withdraw a pending application following the entry into force of the Regulation and submit a new application to the Ministry. In such case, the procedure conducted by the Ministry will be treated not as a continuation of the procedure before the previous authority, but as a new application submitted to the Ministry under the Regulation.
Where the procedure before the previous authority is withdrawn and a new application is submitted to the Ministry, institutional opinions, existing maps and geological-geotechnical surveys obtained or prepared during the previous procedure may also be used in the application before the Ministry, provided that they comply with the applicable legislation, remain current and are suitable for the preparation of the relevant plan or plan amendment. Nevertheless, the FAQs further state that, even if the relevant institutional opinion remains current as of its date of issuance, such opinions must be renewed where (i) site conditions have changed, (ii) the applicable legislation has been amended, or (iii) the boundaries of the Facilities or the upper or lower-scale planning decisions concerning the areas where the Facilities will be established have changed.
- Value increase shares will also be collected for zoning plan amendment applications submitted to the Ministry.
The Regulation does not clarify whether a value increase share will be collected in relation to zoning plan amendment applications submitted to the Ministry. The FAQs clarify that the approval of a zoning plan amendment by the Ministry does not, in itself, remove the relevant procedure from the scope of Additional Article 8 of the Zoning Law or the legislation governing value increase shares. Accordingly, a value increase share will be collected where the relevant statutory conditions are satisfied. In addition, the FAQs state that, in land readjustment processes to be carried out based on the finalized implementation zoning plan approved by the Ministry, the land readjustment boundary and the land readjustment deduction will be applied.
4. The exemption from the ground survey report requirement applies only to building permit applications made to the Ministry.
Article 10(1) of the Regulation provides that, where the geological-geotechnical surveys prepared for the zoning plans of solar power plants are deemed sufficient by the Ministry, no additional ground survey report will be required for building permits issued by the Ministry. However, Article 11(3) of the Regulation lists the ground survey report among the documents to be submitted as part of a building permit application. In this context, it was unclear whether the exemption from the ground survey report requirement would also apply where the zoning plan of a solar power plant was approved by the Ministry, but the license holder elected to obtain the building permit from a municipality or provincial administration.
The FAQs clarify that, based on its wording, the relevant provision introduces a special procedure applicable only to building permits issued by the Ministry and clarify that such procedure will not apply to building permits issued by municipalities or provincial administrations. In such cases, the authority to which the application is submitted will determine whether a ground survey report is required under the Zoning Law, the Planned Areas Zoning Regulation and other applicable legislation. Since no comparable exemption has been introduced for wind power plants, a ground survey report will also be required for building permit applications for wind power plants submitted to the Ministry.
5. Electricity storage units may fall within the scope of the Regulation depending on the relevant Facility.
The Regulation includes ancillary facilities within the scope of the Facilities but does not clarify whether electricity storage units fall within the concept of “ancillary facilities” covered by the Regulation. The FAQs state that electricity storage units do not, in themselves, automatically fall within the concept of “ancillary facilities.” However, where a storage unit constitutes an integral part of, or an ancillary facility to a Facility, the provisions of the Regulation will also apply to that storage unit.
6. The Ministry’s land readjustment authority is limited to Article 18 of the Zoning Law.
Article 9 of the Regulation provides that parcellation plans or amendment declarations prepared as part of land readjustment procedures carried out in accordance with a finalized implementation zoning plan are to be submitted to the Ministry by the license holder and approved if found appropriate. It was unclear which procedures were covered by the Ministry’s approval authority, particularly whether this authority extended to subdivision, amalgamation, dedication of land for roads and easement procedures under Articles 15 and 16 of the Zoning Law; whether a separate decision of the municipal executive committee or the provincial administrative board would be required for the approval; and whether the parcellation process had to await the finalization of the zoning plan.
The FAQs clarify that the Ministry’s authority over land and plot readjustment covers the approval of parcellation plans prepared under Article 18 of the Zoning Law. However, subdivision and amalgamation procedures under Articles 15 and 16 of the Zoning Law, together with related procedures concerning the dedication of land for roads, the creation of parcels from former road areas and the establishment of easement rights, fall outside the scope of this authority. Therefore, for these procedures, the municipal executive committee remains competent within municipal and adjacent area boundaries, while the provincial administrative board remains competent outside such boundaries. The FAQs also clarify that where parcellation plans are approved by the Ministry pursuant to Article 9 of the Regulation, no separate decision of the municipal executive committee or provincial administrative board is required.
The FAQs further state that, in light of the reference in Article 9(1) of the Regulation to land readjustment being carried out “in accordance with a finalized implementation zoning plan”, a parcellation plan cannot be finally approved and become final before the zoning plan itself becomes final, unless this provision is amended.
7. The Ministry requires a comprehensive set of documents when issuing a zoning status certificate.
Article 11(4) of the Regulation provides that a zoning status certificate may also be issued by the Ministry upon the application of the license holder or its authorized representative. It was unclear whether the Ministry would issue such certificates only for parcels subject to zoning plans approved by the Ministry itself or could also issue them based on plans approved by municipalities or other competent authorities. It was also unclear whether the opinion of the relevant authority would be required in the latter case.
The FAQs clarify that the relevant provision does not contain any restriction to the effect that a zoning status certificate may only be issued on the basis of zoning plans approved by the Ministry.
Accordingly, the Ministry may also issue a zoning status certificate where the applicable and legally valid zoning plan was approved by a municipality, provincial administration or another competent authority. For the Ministry to issue a zoning status certificate, the underlying zoning plan must be in force, finalized and up to date. The Ministry does not separately request an opinion from the relevant authority. Instead, it requires the submission of certified and officially sealed originals of the finalized master and implementation zoning plans, the plan explanatory report, the plan transaction number, the geological-geotechnical survey report underlying the zoning plan, the parcellation plan and distribution schedules, and the environmental impact assessment (“EIA”) document. Further, the FAQs state that, if the zoning plan in force is subsequently amended, a zoning status certificate that has not yet been used or that will form the basis of a new procedure may need to be updated in accordance with the amended zoning plan.
8. The workplace opening and operating license classifications of the Facilities have been clarified.
Article 13 of the Regulation provides that applications for workplace opening and operating licenses may also be submitted to the Ministry in accordance with the Regulation on Workplace Opening and Operating Licenses, which entered into force through the Council of Ministers Decision dated 14 July 2005 and numbered 2005/9207 (“Regulation No. 2005/9207”). If the application is found appropriate, the license must be issued within five days following the application date (or, where documents are missing, the date on which the missing documents are submitted). However, the Regulation does not specify the class of non-sanitary establishment under which the Facilities will be classified.
The Guide states that wind power plants will be treated as second-class non-sanitary establishments under the classification annexed to Regulation No. 2005/9207, while solar power plants will be treated as third-class non-sanitary establishments, irrespective of their capacity. Applications will be processed in accordance with the procedure prescribed under Article 23 of Regulation No. 2005/9207 for second- and third-class non-sanitary establishments. Accordingly, a workplace opening and operating license will be issued if Form Sample-2, which is to include records such as the EIA decision, fire department report, emission permit, discharge permit and hazardous waste license, is duly completed in accordance with the prescribed criteria. As stated in the Guide, following the issuance of the workplace opening and operating license, the documents underlying the application must be kept available at the Facility for inspections. However, these documents will not be unconditionally required as an additional document package for every new application.
9. The application procedure before the Ministry has been clarified.
Although the Regulation requires license holders to submit the undertaking set out in Annex-1 to the Ministry for all work and procedures carried out under the Regulation, it does not regulate the procedure for applications to the Ministry. The Guide states that, until the Ministry’s Zoning and Licensing Information Management System becomes operational, application documents must be delivered by hand to the Ministry’s Incoming Documents Unit. Where the information and documents contained in the application file are current and verifiable through public systems, the same information or documents will not be requested again from the applicant. Similarly, documents previously submitted for the same Facility that remain valid and unchanged do not need to be resubmitted. In such cases, reference must be made to the date and number under which the relevant documents were registered by the Ministry. However, the Guide reserves the Ministry’s right to request additional information and documents where necessary.
Conclusion
The Guide and the FAQs characterize the framework established by the Regulation not as a centralization of authority, but as an alternative application channel that license holders may utilize on a procedure-by-procedure basis. By consolidating documentation requirements, timeframes and review standards in a single set of documents, the Guide and the FAQs make the process more predictable. In practice, zoning and permitting procedures being conducted before different authorities based on varying criteria and uncertain timelines constitute one of the main causes of delays in the construction of the Facilities. The possibility of completing these procedures before the Ministry within specified timeframes is therefore significant in reducing such uncertainty.
