Zoning Peace

Zoning Peace practices, colloquially known as Zoning Amnesty, entered into force pursuant to Provisional Article 16 on the Zoning Law Number 3194 (Addendum: 11/5/2018-7143/16 art.)”

For reason of being prepared against disaster risks, and in order to ensure unlicensed structures or structures that fail to comply with the license and addenda are properly recorded for zoning amnesty purposes, a building registration may be issued for  structures constructed before 31/12/2017 provided an application is filed to the Turkish Ministry of environment and Urbanization and to the bodies and institutions to be authorized until 31/10/2018, that requirements stipulated in this article are satisfied and that registration fee is paid until 31/12/2018. Ownership status, building class and group, other particulars relating to the structure or land in question are duly registered to the Building Registration system prepared by the Turkish Ministry based on the owner’s statement.”

Upon effect of Provisional Article 16, Principles and Procedures for Issuance of a Building Registration entered into force after having been published on the official journal dated June 6th, 2018.

Objective of the Principles and Procedures for Issuance of a Building Registration: “Pursuant to provisions of Provisional Article 16 on the Zoning Law Number 3194 dated 3/5/1985, principles and procedures for issuance of a building registration are regulated. These Principles and Procedures covers particulars that relate to application for a building registration certificate, method of calculating and term of payment of the fee, sale of immovable properties in possession of the Treasury for which a building registration certificate has been issued, structures for which a building registration certificate cannot be issued, and procedures to be exercised against individuals that commit perjury.”

We provide services for appraisal of real property value and conduct of legal examinations during the zoning amnesty process, give technical support for e-government application in order to get a building registration certificate, and provide consultancy services in land use conversion and switch to property ownership after obtaining a building registration certificate.

HOW CAN WE HELP YOU WITH IT?

– Determining the Real Estate and Legal Examinations (Legal documents kept at the Development Directorate and Land Registry Office are examined, onsite examinations and measurements are performed for the immovable property in question in order to check compliance with the documents)

-Technical Support and Consultancy Services for E-Government Application in Order to Get a Building Registration Certificate (proceeds on E-Government portal for either of the owners that file an application)

– Consultancy Services for Land Use Conversion and Switch to Property Ownership Once a Building Registration Certificate is Obtained (provided- after obtaining a building registration certificate- all of the proprietors give consent, and any spots corresponding to allocated spaces for public services, if any, are abandoned, a land use conversion and property ownership will be established for the structure in question at the land registry office without seeking for an occupancy permit.)

*Once a building registration certificate is obtained it is required that all of the proprietors mutually and reciprocally agree to have property ownership established, and areas allocated for road, green area, park etc. as quoted on the master plan should be abandoned. In this case a fee as much as the formerly paid fee for a building registration certificate will be paid. Purchase and sale operations for structures that switch to property ownership as a result of this will legalize; hence real property tax collected for the land will be, this time, collected for the structure. This will avoid tax loss. Now that constructive servitude and property ownership will have been established, the building will be eligible for appraisal in case of guarantees, mortgages or any other banking operations.

STRUCTURES COVERED BY THE ZONING AMNESTY

Structures constructed before 31/12/2017

* An application for zoning amnesty may be made for registered structures. However in case of 1 extra storey, no title deed is issued even though a building registration certificate is obtained. For the avoidance of doubt, issuance of a building registration certificate is not an obstacle for filing a criminal action by the Preservation Board.

STRUCTURES THAT MAY NOT BENEFIT FROM ZONING AMNESTY

– Private structures owned by third parties

– Immovable properties in possession of the Treasury that designated as a social reinforcement area within final plans and allocated by the Turkish Ministry of Finance to related bodies and agencies for appraisal purposes,

– Structures situated at exceptional areas as referred to in Provisional article 16 of the Zoning Law Number 3194*

* Bosporus coastal line and front view area, as well as certain spots situated within the Historical peninsula in Istanbul, and historical area in Gallipoli Peninsula are not eligible for zoning amnesty.

*In case when it is determined that a building registration certificate has been issued for structures that are not eligible for a certificate, that building registration certificate is cancelled and rights granted by virtue of the certificate are withdrawn and revoked. Fee paid up for the building registration certificate is not returned. Also a criminal complaint is filed in accordance with the second paragraph of article 10 against the applicant who makes a false statement while certificate is being issued.

CALCULATING THE FEE FOR BUILDING REGISTRATION CERTIFICATE

Whether the structure is single use or mix-use  as a residential or commercial area is considered based on the total value of real estate tax value determined for the structure’s land area pursuant to Real Estate property tax dated 29/7/1970 with the number 1319, and approximate cost determined for the structure by the Turkish Ministry of Environment and Urbanization; in case of mix-use structures, land rate of the areas qualified as a residential and as a commercial area is evaluated severally, and is multiplied by 3 percent coefficient for residential use and 5% coefficient for commercial use.

When determining approximate cost of a structure, the cost price is calculated based on the followings;

1) 200 TL/sqm for simple constructions intended for agricultural purposes,

2) TL/sqm for 1 to 2-floor buildings and simple industrial structures,

3)  1000 TL/sqm for 3 to 7-floor buildings and integrated industrial structures,

4) 1600 TL/sqm for 8 and taller buildings

5) 2000 TL/sqm for deluxe buildings, villa, shopping complex, hospital, hotel and similar structures,

6) 100.000 TL/MW for solar power plants (SPP).

WHO IS TO PAY THE FEE FOR BUILDING REGISTRATION CERTIFICATE?

In case of incompatible structures with no building license or an occupancy permit, the owners have to bear the fee for building registration certificate calculated for the entire structure only in proportion to the usage of his or her own detached section on equal basis.

In case of incompatible structures with an occupancy permit, owners have to pay the fee resultant from the rate of his or her own detached section area- inclusive of the area subject to incompliance- to the total area of sections that have identical use as his or her detached section, which, in turn, is multiplied by the fee calculated for building registration certificate.

ADVANTAGES OF BUILDING REGISTRATION CERTIFICATE

– Utilities- water, electricity, natural gas- subscription only provisionally as per the subscribers group defined in the related legislation,

– Demolish decisions adopted pursuant to Law Number 3194, and uncollectible administrative fines will be cancelled.

– Land use conversion will be enabled and property ownership will be established for structures that have a building license but an occupancy permit or for the structures without a building license, without seeking for an occupancy permit- modifications of intended use included.

– Once a building registration certificate is made available and property ownership is established, the immovable property in question will be eligible for credit.

– A building registration certificate will be issued for completed portion of structures under construction as of 31/12/2017 -provided no additional construction area is created- and incomplete construction works for the parts for which a building registration certificate has been issued will be completed.

– Simple repair and maintenance works will be allowed without seeking for a license for structures for which a building registration certificate is issued.

– If and when a building registration certificate is obtained for immovable properties that are defined as housing on the title deed and in project but is used as an office, a business license will be issued without seeking for an occupancy permit.

STRUCTURES UPON IMMOVABLE PROPERTIES IN POSSESSION OF TREASURY OR MUNICIPALITY

In case structures for which a building registration certificate is obtained has been built on immovable properties in possession of the Treasury, the ones apart from those covered by a special law, so they need to be evaluated under that special law are allocated to the Ministry. Following the allocations, and at the request of building registration certificate holders or their legal or contractual successors, these immovable properties are sold by the Ministry based on the fair market value, which is determined or caused to be determined by the Ministry. In case of sales as such, the sales value may be split into installments up to five years provided at least ten percent is paid in advance. Half of the legal interest rate is applicable until the date of payment based on the installment amounts.

If surface area of the immovable property is large whereas structure erected thereupon covers a small area relatively, the area where the structure is situated is parceled out; otherwise if such parceling is not possible, then the immovable property is put to sale by shares.

Incomes from sales are deposited to the central accounting unit account of the Turkish Ministry of Environment and Urbanism.

A building registration certificate may be issued for structures built upon immovable properties in private property of the municipalities. In such case, at the request of building registration certificate holders and their legal or contractual successors, immovable properties are sold directly to them by the municipalities based on the fair market value provided the price is paid to the related municipality.

TERM OF THE BUILDING STRUCTURE CERTIFICATE

Once issued, a building registration certificate is valid until reconstruction or urban transformation. In case when a structure for which a building registration certificate is issued is renovated, provisions of the zoning legislation that are in force are applied. Earthquake resistance and compliance with the scientific and artistic norms and standards rests within responsibility of the structure’s proprietor.

CONVERSION TO PROPERTY OWNERSHIP AS PER A BUILDING CONSTRUCTION CERTIFICATE

In case of structures with no property ownership established due to lack of an occupancy permit, land use conversion is allowed and property ownership can be established without seeking an occupancy permit once a building registration certificate is obtained. For this approval must be obtained from all of the owners, and areas coinciding with spots allocated for public service must be abandoned.

In case of a structure with an occupancy permit, an application can be filed if shared spaces are being used by a flat or a store. Even though approval from the flat owners is required for a building registration certificate, 100% consent is a must for flat ownership.

REQUIRED INFORMATION AND DOCUMENTS FOR A BUILDING REGISTRATION CERTIFICATE IN CASE OF APPLICATIONS ON E-GOVERNMENT

1) E-Government password,

2) A valid mobile phone number,

3) A valid e-mail,

4) Address of the structured to be declared about,

5) Title deed, island and parcel details, if any,

6) Total construction area, total areas for residential and office use severally (in sqm),

7) Number of residential and office use on the structure,

8) Real estate tax unit value for the land/land area (to be obtained from the related municipality),

9) Area of the land where the structure is situated; area quoted on the title deed or area to be declared (in sqm),

10) Class of structure (to be selected out of the options given by the system),

11) Description of incompatibility with the zoning legislation,

12) A picture of the structure and incompatible part.

REQUIRED DOCUMENTS FOR PROPERTY OWNERSHIP

– Building registration certificate,

– Deed of consent from all of the owners,

– Leaving the areas coinciding with spots allocated for public service,

– Building survey project (project that demonstrates current condition of the structure),

– Floor report (private survey engineering offices duly registered with the Chamber of Survey Engineers),

– Independent map and cadastral engineering offices, or

– A document produced by licensed map cadastral offices and demonstrating the floor and architectural project).

A fee as much as the building registration certificate fee is to be paid in order to establish property ownership.

We provide services for appraisal of real property value and conduct of legal examinations during the zoning amnesty process, give technical support for e-government application in order to get a building registration certificate, and provide consultancy services in land use conversion and switch to property ownership after obtaining a building registration certificate.

Contact: 444 73 35    info@reelgd.com

Related Links:

http://imarbarisi.csb.gov.tr/sik-sorulan-sorular-i-86128

http://webdosya.csb.gov.tr/db/imarbarisi/icerikler/imar-barisi19-haz-ran-20180619131600.pdf

http://webdosya.csb.gov.tr/db/imarbarisi/icerikler/brosur-20180603111057.pdf