The 'transfer of development rights' regulation in 5 questions: Will ownership change hands?
With the transfer of development rights regulation, it is envisioned that the value of the development rights of a right-holder whose parcel is entirely or partially within a public service area—and which cannot be granted—will be determined, and these rights, corresponding to that value, will be transferred to areas designated by zoning plan decisions.
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The Ministry of Environment, Urbanization and Climate Change has answered frequently asked questions regarding the "transfer of development rights," which came into effect with the amendments to the "Law on the Village Law and Certain Other Laws."
The Draft Law on Amendments to the Village Law and Certain Other Laws was accepted and enacted by the Grand National Assembly of Turkey (TBMM) on December 5. With this regulation, the definition of "transfer of development rights" was added to the Zoning Law.
In a post shared on the Ministry's social media account, the questions citizens have been asking about the transfer of development rights and their answers were provided.
Accordingly, here are the frequently asked questions about the transfer of development rights in 5 questions and the answers provided by the Ministry:
1- WHICH PLOTS WILL IT COVER?
It will cover parcels that were designated for public service areas (such as schools, hospitals, municipal service areas, official institution areas) within zoning plans before 2019 but have remained in private ownership for many years without being expropriated.
2- WHAT WILL CITIZENS GAIN FROM THE TRANSFER OF DEVELOPMENT RIGHTS?
Legal disputes arising from the inability to grant building rights to citizens because their parcels are partially or entirely within public service areas will be resolved, and their grievances will be prevented.
3- WILL CITIZENS' PROPERTY CHANGE HANDS AGAINST THEIR WILL?
There will be no seizure of citizens' property; on the contrary, it will be ensured that the development rights corresponding to the parcels/shares that citizens cannot use are utilized in another area determined by a zoning plan decision. Thus, while citizens gain their development rights, new service areas will be acquired for the public. All transactions to be carried out will be conducted for the benefit of the public and society.
On the other hand, legal disputes between public institutions, local governments, and citizens will also be resolved without imposing a financial burden on either party.
4- HOW WILL THE TRANSFER OF RIGHTS BE CARRIED OUT?
The value of the development rights that could not be granted to citizens will be determined, and the rights corresponding to this value will be transferred to areas designated by zoning plan decisions.
5- HOW WILL THE VALUATION BE DETERMINED?
All transactions will be carried out in accordance with the Expropriation Law by independent valuation institutions licensed by the Capital Markets Board, in line with real estate valuation principles. Citizens will not be victimized. The business and transaction processes for the transfer of development rights will be carried out by the Ministry and local governments authorized to approve zoning plans within their respective jurisdictions.