"Zoning Amnesty Offers Solution for 13 Million Non-Compliant Buildings"

It is known that more than 50 percent of buildings in the country do not comply with zoning regulations. This corresponds to approximately 13 million independent units. The Architects and Engineers Group (MMG) held a "Zoning Amnesty Information Meeting" with the Istanbul Provincial Directorate of the Ministry of Environment and Urbanization. At the meeting held to hear and evaluate the zoning amnesty firsthand, the reasons for the need for zoning amnesty, which buildings can benefit from zoning amnesty, the uses of building registration certificates, and the benefits that zoning amnesty will provide were discussed. Emphasis was placed on the need for zoning amnesty due to disputes arising between citizens and municipalities over zoning matters, prolonged court proceedings, difficulties experienced by municipalities in carrying out demolition of structures that do not comply with zoning regulations, and citizens being unable to connect water, electricity and natural gas to their homes or using illegal connections as a result of these disputes. It was also discussed at the meeting that all buildings in rural and urban areas constructed without permits or in violation of permit conditions prior to 31 December 2017 are covered by zoning amnesty. Among the benefits provided by zoning amnesty are: the end of concerns about demolition for buildings that obtain building registration certificates, cancellation of monetary penalties that could not be collected under demolition decisions made according to the Building Code, the ability of building registration certificate holders to demonstrate their own properties as economic value, and the acquisition of rights by owners of buildings located on treasury and municipal land to purchase the land they occupy. The building registration certificate does not provide additional rights from a zoning perspective, nor does it create vested rights. When buildings for which building registration certificates have been issued are renewed, the provisions of the current zoning legislation are applied. If there are demolition decisions and administrative fines imposed according to the Building Code, they will be cancelled. Water, electricity and natural gas can be connected to buildings that have obtained building registration certificates. After obtaining a building registration certificate, owners who wish may apply to the title registry office and, by making an additional payment equal to the amount paid for the building registration certificate, establish property type changes and condominium title. These buildings can also benefit from zoning amnesty, except where the property is allocated for social facilities. The building registration certificate will remain valid until the building is reconstructed or an urban transformation project is implemented.

Building Registration Certificate Fee Calculations

The building registration certificate application fee shall be calculated by multiplying the sum of the land real estate value and the approximate construction cost of the building by a coefficient of 3 percent for residential buildings, 5 percent for commercial uses, and for mixed-use buildings; by determining the coefficient separately for residential and commercial areas and taking into account land shares. Building registration certificate applications can be made until 31 October 2018 at the latest, while the building registration certificate fee can be paid until 31 December 2018 at the latest. Zoning amnesty applications will be made through the e-government system and applications can be tracked from there.