In Turkish Law Planning Amnesty and Building Registration Document
Planning Amnesty and Building Registration Document: Application, Fees, and Legal Consequences
What is the building registration document issued under the planning amnesty, and how can it be obtained? Detailed information about the validity period of the registration document, application fees, eligible structures, and structures that cannot be registered.
BUILDING REGISTRATION DOCUMENT: PLANNING AMNESTY AND DETAILS
The building registration document is a document issued within the scope of the planning amnesty introduced by temporary Article 16 added to the Zoning Law on May 11, 2018. This document facilitates the registration of structures built without permits or in violation of permits and their attachments, with the aim of preparing for disaster risks and constructed before 31/12/2017. This document, one of the fundamental provisions of the planning amnesty, also grants property owners the right to use their existing structures until the implementation of urban transformation.
PLANNING AMNESTY PROVISIONS AND APPLICATION CONDITIONS
Planning amnesty is a regulation that property owners can apply for until 31/10/2018. Applications can be made electronically to the Ministry of Environment and Urbanization and authorized institutions or to relevant local government units. To apply, property owners must meet specific conditions and pay the registration fee by 31/12/2018. Information about the structure and land subject to the application is transferred to the registration system by the Ministry of Environment and Urbanization based on the owner’s declaration.
Objectives and Benefits
The planning amnesty aims to register structures in preparation for disaster risks. This allows owners of unlicensed or structures violating permits to legalize their current situation and use these structures until the implementation of urban transformation. Furthermore, the registration document grants property owners the right to use non-compliant structures, ensuring the safe use of existing structures and preparing for the new zoning regulations.
PROCESS AND DETAILS OF OBTAINING A BUILDING REGISTRATION DOCUMENT
To obtain a building registration document, property owners must apply during specified dates. Applications can be submitted electronically through the Ministry of Environment and Urbanization or authorized institutions, or to relevant local government units. If the application is accepted, and the specified conditions are met, the registration document is issued and delivered to the property owner.
The building registration document is an opportunity offered to property owners within the planning amnesty. However, there are crucial details to consider when obtaining the document. It is essential to accurately follow application conditions and deadlines, timely pay the registration fee, and provide complete information for a successful application. Additionally, considering the legal consequences of receiving the registration document and relevant Supreme Court decisions is important for protecting the rights of property owners.
GUIDE TO OBTAINING A BUILDING REGISTRATION DOCUMENT: PROCEDURES AND STEPS Building Registration Document
Obtaining a building registration document is subject to specific procedures and principles regulated by the directive published in the Official Gazette with number 30443. Here are the steps for obtaining a building registration document:
Application Process and Dates:
– The building registration document is valid for structures built before 31/12/2017.
– The deadline for applications is 31/10/2018, and the deadline for payment of the registration fee is 31/12/2018.
Applicant and Property Owner:
– The application can be made by any property owner or their representative.
– The applicant can apply through e-Government or by applying to institutions and organizations.
Application via e-Government:
– The application can be made by completing the form on the building registration system through e-Government.
– The fee must be paid through e-Government.
Application to Institutions and Organizations:
– In applications to institutions and organizations, the registration document is filled out based on the applicant’s declaration.
– The specified fee is paid to the institution or organization where the application is made.
Approval and Document Delivery:
– For applications made through e-Government, the registration document generated by the system is obtained through e-Government.
– In applications to institutions and organizations, the form is sent to the Provincial Directorates of Environment and Urbanization.
– After the form is approved by the directorate, a copy is delivered to the requesting property owner.
– Providing complete information during the application process and applying within the specified dates is crucial.
– Applicants applying through e-Government must consistently pay the deposited fee to receive the document.
– Following these steps during the building registration document acquisition process ensures a smooth process. Additionally, it is important to consider the specified dates and conditions during the application process.
BUILDING REGISTRATION DOCUMENT APPLICATION FEE AND ELIGIBLE STRUCTURES
Building Registration Document Application Fee:
The fee to be paid when applying for a building registration document is determined according to Article 5 of the regulation published in Official Gazette number 30443. According to this regulation, the building registration document fee is calculated as three percent for residential use and five percent for commercial use based on the total of the property tax value determined according to the Real Estate Tax Law dated 29/7/1970 and the approximate cost of the structure.
Structures Eligible for Building Registration Document:
The building registration document is regulated by temporary Article 16 added to the Zoning Law. In this context, the document can be granted to property owners who meet the following conditions:
– The structure must be built before 31/12/2017.
– The structure must be unlicensed or licensed but non-compliant with the project attachments.
– The application must be made following the specified procedures and conditions.
– The building registration document fee must be paid.
STRUCTURES NOT ELIGIBLE FOR BUILDING REGISTRATION DOCUMENT:
According to the regulations, the following structures are not eligible for the building registration document:
– Within the Bosphorus Coastal Strip and the foresight area,
– Within the historical peninsula of Istanbul,
– In the Gallipoli Historical Area of the Çanakkale Wars,
– On properties subject to private ownership of third parties,
– On properties owned by the Treasury designated as social facilities areas.
CANCELLATION AND PENAL PROCEEDINGS REGARDING STRUCTURES NOT ELIGIBLE FOR BUILDING REGISTRATION DOCUMENT:
The granted building registration document is canceled in specified situations, and the fee paid for this document is not refunded. Furthermore, if false statements are made by the applicant, a criminal complaint is filed under Article 206 of the Turkish Penal Code.
In light of this information, it is crucial for individuals applying for the building registration document to pay attention to the specified conditions and procedures. Otherwise, issues may arise during the document issuance process.
VALIDITY PERIOD OF THE BUILDING REGISTRATION DOCUMENT
The validity period of the building registration document is determined according to Article 9 of the regulation titled “Principles and Procedures for Granting Building Registration Documents.” According to this article, the building registration document will be valid until the structures are rebuilt or urban transformation is implemented. In case of the reconstruction of structures with a building registration document, the provisions of the current zoning legislation will be applied.
STRUCTURES ON PROPERTIES OWNED BY THE TREASURY AND MUNICIPALITIES
For structures with a building registration document constructed on properties owned by the Treasury, these properties are allocated to the Ministry after the issuance of the document. After the allocation process, these properties are directly sold by the Ministry at the appraised value upon the request of the owners of the building registration document or their legal or contractual successors. Similarly, a building registration document can be issued for structures built on properties owned by municipalities. In this case, these properties are sold directly by municipalities at the appraised value upon the request of the owners of the building registration document or their legal or contractual successors, with the condition that the amount is paid to the relevant municipality.
SUPERVISION OF THE BUILDING REGISTRATION DOCUMENT
The processes and transactions related to the issuance of the building registration document can be audited by the Ministry of Environment and Urbanization. These audits are conducted to ensure the correct and transparent implementation of the document issuance process.
FALSE DECLARATION DURING THE ISSUANCE OF THE BUILDING REGISTRATION DOCUMENT
In case of making a false declaration during the issuance of the building registration document through the e-Government system or application to institutions and organizations, the procedures are regulated by Article 10 of the regulation titled “Principles and Procedures for Granting Building Registration Documents.” According to this article:
– If the fee for the building registration document is underpaid, the applicant must make the necessary correction through e-Government and pay the missing amount. After these steps, a new building registration document will be issued.
– If the missing amount is not paid, the issued building registration document is canceled, the paid fee is not refunded, and a criminal complaint is filed against the applicant for making a false declaration.
– For excess amounts paid for the building registration document, a refund process can be initiated by applying to the Provincial Directorates of Environment and Urbanization.
In light of this information, emphasizing the importance of providing accurate and complete information during the building registration document issuance process is essential. Otherwise, issues may arise during the document issuance process.
LEGAL CONSEQUENCES OF THE BUILDING REGISTRATION DOCUMENT
The legal consequences of obtaining a building registration document are regulated under temporary Article 16 of the Zoning Law. Some consequences of obtaining the building registration document under this article are as follows:
Water, Electricity, and Natural Gas Connections:
Structures with a building registration document can be temporarily connected to water, electricity, and natural gas based on their subscriber group, upon request. This allows property owners to meet specific needs.
Cancellation of Demolition Decisions and Administrative Fines:
Demolition decisions and administrative fines that cannot be collected for structures with a building registration document under the Zoning Law will be canceled. This provides exemption for property owners from past fines.
Building Usage Permit:
For structures without a building usage permit or without a building permit but located in areas corresponding to public service areas in zoning plans, a change of use and condominium can be established without the need for a building usage permit, provided that the consent of all owners is obtained and areas corresponding to public service areas are abandoned. This situation provides certain advantages for property owners if specific conditions are met.
COURT DECISIONS RELATED TO THE BUILDING REGISTRATION DOCUMENT:
(…) The building registration document is related to the use of non-compliant structures, not bringing them into compliance with zoning regulations. As stated in paragraph 10 of temporary Article 16, the building registration document is valid until the reconstruction or urban transformation of the structure. The purpose of the regulation is to provide an opportunity for the authorities to use the structure until its reconstruction. Otherwise, a contractor who has built a non-compliant structure, claiming that a building registration document has been obtained, would postpone the fulfillment of their obligation until the structure is rebuilt, showing that the obligation has not been fulfilled. Waiting for the reconstruction of the structure until the fulfillment of the obligation is an unacceptable situation and constitutes an abuse of rights. In conclusion, it is possible to conclude that the regulation introduced by temporary Article 16, which is added to the Zoning Law, does not have an impact on the fulfillment of the obligations stipulated in construction contracts for land-share construction. Of course, in line with the freedom of contract, it is also possible for the parties to evaluate their obligations based on the new situation reached after obtaining the building registration document and take a new position according to the current situation. (Court of Cassation 15th Civil Chamber – Case No. 2019/3962, Decision No. 2020/2494)
(…) The plaintiff applied to the defendant authority for electricity subscription for the independent section numbered 55/16 in the building on …, but his request was rejected. Therefore, he requested a decision to ensure the flow of electricity to his residence and filed a lawsuit. The defendant argued that, according to the legislation, the issuance of the occupancy permit is required for individual subscription procedures to be carried out, and the exceptional condition mentioned in temporary Article 11 of Law No. 3194 does not apply to this case. Therefore, the lawsuit was rejected on the grounds that the exceptional situation stated in the temporary 11th article of the Urban Planning Law does not apply to this case as the construction permit of the building where the independent section owned by the plaintiff is located was obtained on 25/06/2009. The decision was appealed by the plaintiff. The case concerns the request for temporary subscription installation. Law No. 3194, which regulates the addition of temporary Article 16 to the Zoning Law, states in Article 16 of Law No. 7143: “For the purpose of registering structures built without permits or in violation of permits and their attachments within the scope of preparing for disaster risks and ensuring planning amnesty, Yapı Kayıt Belgesi may be issued until 31/10/2018 upon application, fulfillment of the conditions stipulated in this article, and payment of the registration fee by 31/12/2018. The ownership status of the structure and land subject to the application, the class and group of the structure, and other matters are recorded by the Ministry based on the declaration of the property owner…”. (3rd Civil Chamber 2016/22132 E., 2018/8565 K.)
These examples illustrate the legal consequences and applications of the building registration document. For further assistance or consultation on this matter, feel free to contact us.