Decision on transfer of development rights approved in the Grand National Assembly of Turkey

With the bill approved in the TBMM General Assembly, the deadline for those who have not built a structure for various reasons or have not paid their installments on real estate sold to needy individuals residing in the village and registered in the village population will be extended until 31.12.2028.

With the regulation made in Article 18 of the Squatter Housing Law, it is regulated which authorities will make the demolition decision, within what timeframe and how it will be notified to the relevant parties, and how long after the notification and how the demolition process will be carried out, thereby providing the opportunity to apply for judicial review against the administrative action.

Transfer of development rights is defined as "the process of transferring the construction right based on the floor area ratio (FAR) that cannot be granted on a parcel, due to the fact that all or part of the parcel remains in public and public service areas, to another parcel or parcels by a zoning plan decision, in areas where a 1/1000 scale implementation zoning plan exists and land and plot arrangement has been made or is not possible."

It is aimed to transfer public and public service areas to public ownership free of charge without imposing a financial burden on the public by using the transfer of development rights, to remove the restrictions on the properties of citizens, and to prevent lawsuits regarding expropriation without due process.

Regulation partnership shares will consist of areas subject to arrangement and the region's needs such as roads, squares, parks, parking lots, playgrounds/parks, green spaces, places of worship and police stations, educational facility areas for education affiliated with the Ministry of National Education, public nurseries and day care centers, marketplaces, neighborhood sports areas, public transport stations and stops, health facility areas affiliated with the Ministry of Health, roads where access control is applied excluding highways, waterways, sports areas serving the general region, municipal service areas, social and cultural facility areas, technical infrastructure and transformer areas planned for public service, afforestation areas not subject to private facility construction, parcels allocated as recreation areas and picnic areas, official institution areas, and other public and public service areas brought by the implementation zoning plan decision, and these facilities cannot be used for other purposes.

10 PERCENT DISCOUNT WILL BE APPLIED

Upon the request of all property owners, 90 percent of the value difference arising in the parcel or parcels that have increased in value as a result of a function change on a parcel basis and a zoning plan change to be made on an island basis, as well as in zoning plan changes canceled by courts, between the zoning plan that was repealed as a result of the zoning plan change and the proposed new zoning plan, will be collected as a value increase share. The value increase share can be paid in cash or in installments. If the value increase share is paid in cash, a 10 percent discount will be applied, and it will be paid at the latest within one month following the date the accrual is formed.

SOLAR AND WIND POWER PLANTS ARE BEING REMOVED FROM THE SCOPE OF THE LAW

With the law, regulations will be made regarding the establishment of building inspection service contracts and the assignment of building inspection firms. Solar power plants and wind power plants will be removed from the scope of the Law. In addition, for structures with a construction area subject to the building inspection service contract fee of up to 500 square meters, a building inspection service contract may be concluded between the building owner and the building inspection organization determined by the building owner; for other service contracts, it may be concluded between the building owner and one of the maximum two building inspection organizations determined simultaneously in an electronic environment, taking into account the number of active building inspection organizations in the province for that structure, in accordance with the procedures and principles to be published by the Ministry.

News Source: İHA