CHAPTER ONE
General Provisions
Purpose
ARTICLE 1– This Law is enacted to ensure that settlements and the structures within them are established in accordance with planning, technical, health, and environmental requirements.
Scope
ARTICLE 2– All plans to be prepared and all public and private structures to be constructed within and outside the boundaries of municipalities and their adjacent areas are subject to the provisions of this Law.
General Principles
ARTICLE 3– No area may be used for purposes that conflict with the principles of plans at any scale, the conditions of the region in which it is located, or the provisions of the regulations.
Exceptions
ARTICLE 4– Subject to compliance with the relevant articles of this Law, the Law No. 2634 on the Promotion of Tourism, the Law No. 2863 on the Protection of Cultural and Natural Assets, provided that the relevant articles of this Law are complied with, in areas designated or to be designated by Law No. 2960 on the Istanbul Bosphorus and Law No. 3030 on the Administration of Metropolitan Municipalities, as well as other special laws, the provisions of this Law that do not conflict with such special laws shall apply. For structures belonging to the Turkish Armed Forces used for operational, training, and defense purposes, the Ministry of National Defense and the Ministry of Public Works and Settlement shall jointly determine which provisions of this Law shall apply and under what conditions.
Definitions
ARTICLE 5– Some of the terms used in this Law are defined below. Master Land Use Plan: A plan drawn on as-built maps—incorporating cadastral data where available—in accordance with regional or environmental planning schemes, if any, and indicating the general land-use patterns, primary land-use zones, future population densities of the zones, where necessary, building density; the directions and scales of development for various settlement areas along with their principles; transportation systems; and solutions to related problems, and serves as the basis for the preparation of implementation zoning plans; it is a plan explained in a detailed report and constitutes a single entity with said report.Implementation Zoning Plan: A plan drawn in accordance with the principles of the master zoning plan on approved as-built maps, incorporating the cadastral status where available, which details the building blocks in various zones, their density and layout, roads, and the implementation phases that will serve as the basis for the necessary zoning implementation programs, along with other detailed information. Settlement Area: This refers to all settled and development areas within the boundaries of the zoning plan.
Zoning Block: This is a block formed in accordance with the principles of the zoning plan.
Zoning Parcel: The form in which cadastral parcels within zoning blocks are organized in accordance with the provisions of the Zoning Law, the zoning plan, and regulations.
Cadastral Block: A block that existed at the time the cadastre was established.
A Cadastral Parcel is a parcel with registered ownership that was located within cadastral islands at the time the cadastral survey was conducted.
A Structure is a fixed or movable facility, including permanent or temporary, public or private above-ground and underground constructions, as well as their additions, alterations, and repairs, located on land or water.
A building is a structure that can be used independently, is roofed, and is accessible to people; it serves for living, working, recreation, and rest, or for worship, and is used to shelter animals and store goods.
Relevant Authority: Within the boundaries of a municipality and its adjacent areas, this refers to the municipality; outside these boundaries, it refers to the governor’s office.
Ministry: The Ministry of Public Works and Settlement.
Adjacent Area: Areas placed under the control and responsibility of municipalities in accordance with urban planning regulations.
Land Use Plan: A plan that determines decisions regarding settlement and land use—such as housing, industry, agriculture, tourism, and transportation—in accordance with national and regional planning decisions.
Technical Experts: (Amendment: April 26, 1989 – Law No. 3542, Article 1) individuals who have graduated from schools providing vocational and technical education in fields such as construction, electrical installations, plumbing and heating, machinery, surveying and cadastral mapping, and similar areas, at a level equivalent to at least high school, or who are high school graduates and have successfully completed one academic year of courses offered by the relevant ministries, as well as those holding a master craftsman certificate in accordance with Law No. 3308 on Apprenticeship and Vocational Education.
Furthermore, other definitions mentioned in this Law shall be defined in the regulation to be prepared by the Ministry.
SECTION TWO
Principles Regarding Zoning Plans
Planning Levels
ARTICLE 6– Plans are prepared as “Regional Plans” and “Zoning Plans” based on the areas they cover and their purposes; zoning plans, in turn, are prepared as “Master Zoning Plans” and “Implementation Zoning Plans.” Implementation zoning plans may also be prepared in phases, if necessary.
As-Built Maps and Zoning Plans
ARTICLE 7– The following provisions shall be observed in the preparation of as-built maps and zoning plans.
a) As-built maps for settlements lacking such maps shall be prepared or commissioned by municipalities or governor’s offices. The approving authorities for these maps are the municipalities and governor’s offices; one certified copy shall be sent to the Ministry, and another copy to the relevant land registry office.
b) It is mandatory to have zoning plans prepared for settlements with a population exceeding 10,000 according to the latest census.
For settlements with a population of 10,000 or fewer according to the latest census, the municipal council decides whether a zoning plan is necessary. Existing zoning plans remain in effect.
c) In cases where existing plans are insufficient for the established population, or to ensure that new settlement areas are made available for use as a matter of urgency, implementation is carried out in accordance with the local zoning plans to be prepared by municipalities or governor’s offices, or—in areas without a zoning plan—in accordance with the regulations to be prepared by the Ministry.
Officials tasked with preparing maps for local zoning plans, or with the Ministry’s adoption of such plans in areas without zoning plans, or with the implementation of zoning plans, shall possess the authority set forth in Article 7 of the Cadastre and Land Registry Law No. 2613 while performing their duties.
Preparation and Enactment of Plans
ARTICLE 8– The following principles shall be followed in the preparation and implementation of plans.
a) Regional plans: The State Planning Organization shall prepare or have prepared regional plans—intended to determine socio-economic development trends, the development potential of settlements, sectoral objectives, and the distribution of activities and infrastructure—whenever it deems necessary.
b) Zoning plans consist of a Master Zoning Plan and a Detailed Zoning Plan. Provided that they are consistent with existing regional plans and environmental planning decisions, if any, the master and implementation zoning plans for areas within municipal boundaries are prepared or commissioned by the relevant municipalities and enter into force upon approval by the municipal council. These plans are published for a period of one month at locations designated by the mayor’s office, starting from the date of approval. Objections to the plans may be filed within the one-month publication period. The municipal council reviews the objections and plans submitted by the mayor’s office and reaches a final decision within fifteen days. Plans to be prepared for areas outside the municipality and its adjacent zones are prepared or commissioned by the governor’s office or the relevant authority. If deemed appropriate by the governor’s office, they are approved and enter into force. Starting from the date of approval, they are posted for one month at the location designated by the governor’s office. Objections to the plans may be filed within the one-month posting period. Objections are filed with the governor’s office, which reviews the objections and plans within fifteen days and issues a final decision. Any amendments to approved plans are also subject to the procedures outlined above. A copy of the finalized zoning plan is sent to the Ministry. Zoning plans are public. It is the duty of the relevant authorities to ensure this public access. Municipalities and provincial administrations shall reproduce the entire zoning plan or portions thereof in the form of copies or booklets and provide them to interested parties in exchange for a fee to be determined.
The Ministry’s Authority Regarding Zoning Plans
ARTICLE 9– In cases deemed necessary by the Ministry, the Ministry shall have authority over zoning plans and amendments related to public structures; plans and plan amendments required due to disasters affecting public life, or for the purposes of public housing projects or the implementation of the Squatter Settlements Law; metropolitan zoning plans affecting more than one municipality; or zoning and settlement plans for areas containing an airport or through which a railroad or highway passes, or in areas with an airport or air or sea transport connections, in whole or in part, by notifying the relevant municipalities or other administrative bodies accordingly and, where necessary, ensuring cooperation. (This paragraph, added by Law No. 4046 published in the Official Gazette dated November 27, 1994, No. 22124, is in the form amended by Law No. 4232 published in the Official Gazette dated April 8,1997, No. 22958, published in the Official Gazette.) For land and plots belonging to institutions included in the privatization program and located within municipal boundaries and adjacent areas, after obtaining the necessary opinions from the relevant institutions (Municipality), , zoning amendments and local zoning plans that do not disrupt the integrity of the surrounding urban fabric, as well as the corresponding zoning statuses, shall be prepared by the Presidency of the Privatization Administration under the Prime Ministry and shall enter into force upon approval by the High Council of Privatization; the relevant municipalities may not change the zoning for a period of five years. The relevant municipalities shall submit their opinions within fifteen days. If it is necessary to allocate space in zoning plans for official buildings and facilities for the purpose of providing a public service, or to make amendments for this purpose, the Ministry may issue instructions to the relevant municipality through the governor’s office or, if necessary, prepare and approve the portion of the zoning plan relating to official buildings and facilities on its own initiative. The Ministry resolves any disputes that may arise during the preparation, adoption, and approval of zoning plans affecting more than one municipality and, when necessary, approves such plans on its own authority. Finalized plans are notified to the relevant municipalities and governor’s offices. Implementation of these plans is mandatory. Any amendments to plans prepared ex officio are subject to the procedures outlined above.
Zoning programs, expropriation restrictions
ARTICLE 10– Municipalities shall prepare five-year zoning programs to implement these plans within three months at the latest following the entry into force of the zoning plans. During the deliberation of the five-year urban development programs, representatives of the relevant public institutions involved in investment participate in the council meeting, and their opinions are taken into account. These programs become final upon approval by the municipal council. Areas allocated to public institutions within these programs are notified to the relevant public institutions. Public institutions shall expropriate the sites allocated for public service facilities within the boundaries of the five-year zoning programs during the term of these programs. The necessary funds for this purpose shall be included in the annual budgets of the public institutions.
In zoning programs, the rights granted by other laws regarding areas set aside for public services and real estate subject to restrictions under special laws shall continue until such areas are expropriated or projects related to public services are implemented.
Publicly Owned Real Estate
ARTICLE 11– In urban development plans, real estate belonging to the General Directorate of Foundations that falls within areas designated for public services—such as squares, roads, parks, green spaces, parking lots, public transportation stations, and terminals—as well as military restricted zones, security zones, and sites belonging to the Turkish Armed Forces used for operational and defense purposes directly related to national security, land and plots belonging to the Treasury and local administrations shall be transferred free of charge to the municipality or the governor’s office upon their proposal, and with the approval of the Ministry of Finance and Customs, are transferred free of charge to the municipality within the boundaries of the municipality and its adjacent areas, and to the special administration outside these boundaries, and the land registry entry is canceled. However, if there is a building on such land, compensation shall be paid only for the current market value of the building, excluding the land itself. The amount and method of payment shall be determined by the parties.
Land and plots acquired in this manner may not be sold by the municipality or the provincial administration, nor may they be used for any other purpose. A necessary annotation to this effect shall be entered in the “Remarks” section of the land registry.
If the use of these properties is changed by a new zoning plan and they become eligible for private ownership, the municipality or special administrative authority shall return them to the transferring authority using the same procedure. Those found to have acted in violation of this provision shall be personally liable. These cancellations are in no way subject to fees, charges, or taxes.
(Amended: Pasture Law No. 4342, published in the Official Gazette No. 23272 dated February 28, 1998). Cadastral roads and squares within the boundaries of the prepared zoning plan automatically lose their current status upon approval of the zoning plan and become subject to the intended use established by the approved zoning plan decision.
Building Line
ARTICLE 12– No building may be constructed in front of the building line indicated in the zoning plan. If the portion of any lot remaining behind the building line is insufficient for building construction in accordance with the principles of the plan and regulations, depending on whether it is included in the five-year zoning program, if the provisions of Article 18 are not applied within the timeframes specified in Article 10 or if no other solution is possible, the entire plot shall be expropriated by the relevant authorities upon the property owner’s written application.
Areas Designated for Public Services in Zoning Plans
ARTICLE 13– (Paragraphs 1 and 3 of this article were published in the Official Gazette dated June 29,2000, No. 24094, issued by the Constitutional Court on December 29, 1999, No. 1999/51.) Payment of property tax is suspended in areas included in the zoning program until expropriation takes place. If expropriation occurs, the property tax accruing between the date of suspension and the date of expropriation shall be paid by the authority conducting the expropriation. If, prior to expropriation, the areas specified in the first paragraph are rezoned for a purpose that does not require expropriation, the property owner shall pay the property tax for the period elapsed from the suspension date. In approved zoning plans, if the portions of land and plots in the areas listed in the first paragraph that exceed the development contribution share ratio prescribed by this Law are relinquished by the property owners to the relevant authorities without compensation, no real estate transfer tax shall be levied on such relinquishments.
Easement Rights
ARTICLE 14– During the implementation of zoning plans, municipalities or governor’s offices may establish an easement right over a specific area, height, and depth of a property for the public good without expropriating the entire property. Municipalities or governor’s offices may, where possible and with the property owner’s consent, establish an easement free of charge in exchange for granting a free easement.
PART THREE
Land Subdivision and Consolidation
Subdivision and Consolidation
ARTICLE 15– The subdivision or consolidation of portions of real property that fall within areas designated for public services—such as roads, squares, green spaces, parks, and parking lots—in accordance with zoning plans is not permitted. In areas where a zoning parcelization plan has been finalized, any subdivision or consolidation must comply with such plans. In areas where lot frontages are not specified in zoning plans, the minimum frontage widths and lot sizes for subdivisions shall be determined in accordance with the principles set forth in the regulations. In areas outside the scope of the zoning plan, subdivision into parcels smaller than the amounts specified in the relevant regulations is not permitted.
Registration and Resolution of Co-ownership
ARTICLE 16– The consolidation or subdivision of real property within the boundaries of municipalities and their adjacent areas, whether initiated ex officio or upon application, as well as the establishment or termination of easements on such property, shall be approved by municipal councils or provincial administrative councils, provided they comply with the provisions of this law and the regulations. The approval process must be completed within 30 days at the latest from the date the application is received by the municipalities or governor’s offices, and the Land Registry must be notified within 15 days for registration or cancellation. The Land Registry Office is required to complete the registration or cancellation process within one month. If the owners of real property divided into co-ownership shares under the provisions of this law fail to reach an agreement among themselves within six months from the date of notification by the relevant administrative authority, or if no lawsuit is filed to dissolve the co-ownership, the relevant administrative authority may file a lawsuit to dissolve the co-ownership as if it were a co-owner. The dissolution of co-ownership and the division of land by mutual consent of the parties or by court order are also subject to the above provisions.
Portions Remaining After Expropriation
ARTICLE 17– The municipality or governor’s office may sell portions of land that are its own property or that remain after expropriation resulting from the implementation of zoning plans, as well as portions of land resulting from roads or squares whose routes have been altered or closed that are not suitable for independent construction, to the owner of the adjacent lot or building by means of a valuation; to adjust the claims accruing to real estate owners due to land taken for roads by means of a valuation; and if the owner of the adjacent real estate refuses to purchase the land at the appraised value, the property shall be subdivided and sold to ensure compliance with the zoning plan. For those portions suitable for independent construction, the municipality or governor’s office is authorized, in the public interest and with the consent of the individuals from whom the land was acquired, to exchange their rights in return for a valuation and, if necessary, by providing equivalent compensation. Furthermore, with regard to zoning parcels suitable for independent construction that are held in co-ownership with the municipality or the governor’s office, the municipality or the governor’s office is authorized to sell its shares to the other co-owners of the parcel by determining a price; if the interested parties refuse to purchase, they are authorized to sell them through the dissolution of co-ownership. Under this article, the determination of compensation amounts and the procedures for objecting to such amounts shall be conducted in accordance with the provisions of the Expropriation Law No. 2942.
Land and Plot Regulation
ARTICLE 18– Municipalities are authorized, without seeking the consent of the owners or other right holders, to merge plots of land and real estate—whether built-up or vacant—located within urban planning boundaries with one another, with excess road land, or with land belonging to public institutions or municipalities; redivide them into blocks or parcels in accordance with the zoning plan, distribute them to right holders on the basis of freehold, co-ownership, or condominium principles, and carry out registration procedures ex officio. If the aforementioned areas are outside the municipal and adjacent zones, the authorities mentioned above shall be exercised by the governor’s office. During the distribution of land and lots subject to reorganization by municipalities or the governor’s office, an area sufficient to cover a portion of their total area may be deducted as a “reorganization partnership share” in exchange for the increase in value resulting from the reorganization. However, the planning participation shares collected under this article may not exceed thirty-five percent of the pre-planning land area of the plots and lots subject to planning. Rezoning participation shares may not be used for any purpose other than public services—such as roads, squares, parks, parking lots, playgrounds, green spaces, mosques, and police stations—required by the areas subject to rezoning, or for facilities related to these services. If the total of the rezoning contribution shares is less than the total area of the land that must be reallocated for the public services mentioned in the preceding paragraph, the shortfall shall be made up by the municipality or the governor’s office through expropriation. If it becomes necessary to expropriate a portion of any parcel, the rezoning contribution shall be allocated from the area remaining after the expropriation. In accordance with the provisions of this paragraph, a rezoning contribution shall not be collected from any parcel more than once. However, this provision does not preclude a subsequent reorganization of that parcel under a zoning plan. No additional appraisal fee shall be collected from the land and lots subject to this reorganization from which the planning contribution has already been collected. In co-owned parcels with buildings, co-ownership applies only to the land; the value of the building is considered separately when resolving co-ownership. During the reorganization, a structure that may be preserved in accordance with the plan and applicable regulations may only be left within a single zoning parcel. Structures for which the preservation of the whole or a part is deemed impossible under the provisions of the plan and applicable regulations may, however, extend across more than one zoning parcel. Unless the values of structures remaining on one or more co-owned parcels are paid to the structure owner by the relevant parcel owners, and unless another agreement is reached among them or the co-ownership is resolved, the former owners of these structures may continue to use them. Structures located on land designated for the public services specified in this article may not be demolished unless they are expropriated by the municipality or the governor’s office. For structures located on regulated plots, no permission may be granted for additions, alterations, or major repairs—except for minor necessary repairs—if the relevant parcel owners do not consent or if such actions are prohibited under the provisions of the plan and applicable regulations. In cases where compliance with this article is not feasible despite the requirement for regulation, building permits may be issued in accordance with the zoning plan and regulations for cadastral parcels deemed suitable for standalone construction. In the application of this article, the municipality or governor’s office may, with the consent of the parties concerned, provide land from areas owned by the municipality or governor’s office where construction is permitted under the provisions of the plan and applicable legislation, in lieu of the expropriation compensation they would otherwise be required to pay, for the land that is subject to expropriation. Excluding land acquired through inheritance, land subject to co-ownership under the provisions of this Law, land subject to the Condominium Law, land used for agriculture and livestock farming, tourism, industry, and storage, as well as those sold through compulsory execution, special parceling plans that subdivide land and parcels into shares for any type of development in areas without a zoning plan may not be prepared, nor may contracts for the promise of sale be entered into.
Preparation and Registration of Parceling Plans
ARTICLE 19– Parceling plans prepared in accordance with zoning plans enter into force after approval by the municipal council within the municipality and its adjacent areas, and by the provincial administrative council outside these areas. These plans are posted at the relevant administrative office for a period of one month. They are also announced through customary means. They become final at the end of this period. This provision also applies to plans subject to amendment. Finalized subdivision plans are forwarded to the land registry office for registration. These offices shall, without seeking the consent of the parties concerned, automatically update and establish the land registry records in accordance with the plans. When the construction of more than one building or facility is required on a single parcel (such as cooperative housing, housing complexes, or mass housing projects), zoning subdivision plans are prepared or amended to meet this need without the need for subdivision; in such cases, the provisions of the Condominium Law apply upon request.
CHAPTER FOUR
Principles Regarding Buildings and Related Matters
Structure
ARTICLE 20—Building:
a) On land, lots, or parcels for which an organization or individual holds a title deed,
b) On land, plots, or parcels for which an organization or individual does not hold a title deed, but for which public institutions and organizations have issued allocation or easement right establishment documents,
in accordance with the zoning plan, regulations, building permit, and its attachments.
Building Permit
ARTICLE 21—(Amended by removing the provisions annulled by the Constitutional Court’s Decision No. 1986/29 dated December 11, 1986.) Except for the exception specified in Article 27, it is mandatory to obtain a building permit from the municipality or the governor’s office for all structures falling within the scope of this Law. Any changes made to structures for which a permit has been obtained are also subject to obtaining a new permit. In such cases, if the gross area of the independent units does not increase and their characteristics do not change, the permit is not subject to any taxes, fees, or charges. However, repairs to joints, interior and exterior plaster, paint, wallpapering, gutters, downspouts, joinery, flooring, and ceiling coverings, repairs to electrical and plumbing systems, roof repairs and tile replacement, and other alterations and repairs that do not affect load-bearing elements—as specified in zoning regulations prepared by municipalities in accordance with local characteristics and in compliance with the relevant regulations—are not subject to a permit. Municipalities or governor’s offices are authorized to determine the materials and colors of exterior facades and roofs in order to ensure harmony among buildings and achieve an aesthetically pleasing appearance, based on the characteristics of the locality and its surroundings. Buildings constructed prior to the entry into force of this Law are also subject to this provision.
Conditions for Obtaining a Permit
ARTICLE 22– (Revised by removing the provisions annulled by the Constitutional Court’s Decision No. 1986/29 dated February 11, 1986.) To obtain a building permit, building owners or their legal representatives must submit a written application to the municipal or provincial governor’s office. The application must be accompanied by the title deed (or, in exceptional cases, a document serving as a substitute for the title deed), architectural plans, structural plans, electrical and plumbing plans, drawings and calculations, and a scaled sketch or, if unavailable, a dimensioned sketch. Municipalities or governor’s offices review the permit application and its attachments; if no deficiencies or errors are found, the building permit is issued within thirty days at the latest from the date of application. If any deficiencies or errors are found, the applicant will be notified in writing of all relevant deficiencies and errors within fifteen days from the date of application. Once the deficiencies and errors have been corrected, the building permit will be issued within fifteen days at the latest from the date of the subsequent application.
Building Permits in Development Areas
ARTICLE 23– In areas located within residential boundaries that have been designated in the zoning plan for the development of the municipality, a building permit may be issued under any circumstances provided that:
a) The parceling plans for these areas must have been approved by the municipal council or the provincial administrative council in accordance with the principles of the zoning plan and the provisions of the regulations;
b) The technical infrastructure—such as roads, sewage systems, and drinking water networks—must have been constructed in accordance with the plan and the conditions of the region. However, in areas where the parceling plans have been approved but the technical infrastructure—such as roads, sewage systems, and drinking water networks—has not yet been constructed, a building permit shall also be issued to those who, with the permission of the relevant authority and in accordance with a project prepared by said authority, undertake to construct the infrastructure, or to those who pay 25% of the technical infrastructure cost allocated to their share—as specified in the regulation—in advance and commit to paying the remaining 75%within six months at the latest from the date the infrastructure service is completed by the relevant authority. If the sewer system is not constructed by the date the building is completed and put into use, a septic tank or similar temporary facility must be installed. If this is not done, an occupancy permit cannot be issued for the building. Once the main system is constructed, the building owner or owners are required to connect their sewer lines to this system. In multi-family residential areas, building permits will not be issued to the owners of other parcels on either side of the technical infrastructure—which has been fully constructed and completed by the relevant individuals or institutions with the permission of the competent authority—unless the fees corresponding to their own parcels have been collected. In residential areas, if infrastructure facilities have been constructed by the relevant individuals or institutions in accordance with a project approved by the municipality, the municipality shall not collect any fees for infrastructure services. Any fees collected shall be refunded in full to those who had the technical infrastructure constructed or who had previously paid this amount to the relevant authority. However, the relevant authority is under no obligation to construct or complete these facilities unless the owners of parcels on both sides of a road pay the fees for said road, and the owners of parcels that benefit from or are required to benefit from a sewer system pay the technical infrastructure fees to the relevant authority. While substantial alterations and additions to existing buildings are also subject to the provisions of this article, the above conditions do not apply to repairs of such buildings. In the application of this article, the provisions of Law No. 6183 on the Collection Procedures for Public Receivables shall apply. Other matters related to implementation are specified in the zoning regulations. In the implementation of zoning plans where adjustments and renovations to density and building layout are introduced through policy decisions in established areas, and where the expansion or renewal of existing urban technical and social infrastructure is required, the contribution shares specified in the laws regarding the provision of urban services shall be collected in accordance with the prescribed procedures from the owners of the lots, structures, or buildings that will benefit from these services. In areas designated as residential zones in zoning plans, property owners are required to connect sewage lines to the sewer system on the street where the building is located or, if available, to a public septic tank; and in areas without a sewer network or public septic tank, the necessary plumbing must be installed within the property in accordance with the guidelines to be issued by the relevant authority based on local needs and resources. If these connections are not made by the property owner within the timeframe specified in a notice issued by the relevant authority, the relevant authority shall have them demolished.
ARTICLE 24— (The provisions regarding Certified Private Technical Offices have been repealed by Constitutional Court Decision No. 1986/29 dated December 11, 1986.)
ARTICLE 25— (The provisions regarding Sworn Private Technical Offices have been repealed by Decision No. 1986/29 of the Constitutional Court dated December 11, 1986.)
Permits for Public Buildings and Facilities
ARTICLE 26– For structures to be constructed or commissioned by public institutions and organizations, provided that they are designated for that purpose in zoning plans, and provided that they do not conflict with the plan or applicable legislation, provided that the architectural, structural, and mechanical engineering responsibilities, as well as all other technical liabilities, are assumed by said public institutions and organizations, and provided that ownership is documented, a permit shall be issued based on the preliminary design. For structures requiring confidentiality in terms of national security and the operations and defense of the Turkish Armed Forces; provided that the projects have been approved by the relevant institutions in compliance with the zoning status, floor plan, building line, building depth, and total construction area obtained from the municipality, and provided that the relevant municipality or governor’s office has been notified in writing that responsibility for structural and mechanical/electrical systems lies with the relevant institutions, a building permit shall be issued without requiring the documents listed in Article 22. (This paragraph, which appeared as the third paragraph of the article, was repealed by the Constitutional Court’s decision No. 1986/29 dated December 11, 1986.)
Buildings Not Subject to Permits and the Principles They Must Comply With
ARTICLE 27— (Paragraphs 1, 2, and 3 of this article were repealed by the Constitutional Court’s decision No. 1986/29 dated December 11, 1986.)
No construction or occupancy permit is required for residential, livestock, or agricultural structures to be built by individuals registered in the village population registry and permanently residing in the village, within the village settlement area, its surroundings, or in hamlets, outside the boundaries of municipalities and their adjacent areas. However, the structure must comply with technical and health regulations, and permission must be obtained from the village council.
Technical Supervisors, Their Responsibilities, and Contractor Registers
ARTICLE 28– (Amended by removing the provisions annulled by the Constitutional Court’s decision No. 1986/29 dated December 11, 1986.) Professionals who assume technical responsibility for a structure are obligated to ensure that the structure is constructed in accordance with the permit and its annexes, and to report any deviations from the permit and its annexes to the municipality that issued the permit or to the governor’s office within three business days. Upon such notification, proceedings are conducted in accordance with Article 32. Depending on the type, importance, and scale of the structure, the preparation of the project and its attachments, as well as the supervision of construction, must be entrusted to the professionals specified in Article 38. The professional who has assumed technical responsibility for the structure is obligated to notify the relevant authority in writing within three days—excluding holidays—of their resignation from this duty, along with the reasons therefor; otherwise, they cannot be relieved of legal liability. In the event of the technical supervisor’s resignation for any reason, their liability for work performed prior to the date of resignation continues. In the event of the resignation or death of the person who has assumed technical responsibility, construction may not continue unless another licensed professional assumes technical responsibility. The records of contractors carrying out private construction within the boundaries of municipalities and their adjacent areas are maintained by the municipalities, while the records of those carrying out private construction outside these boundaries are maintained by the governor’s offices.
Permit Validity Period
ARTICLE 29– The period for commencing construction is two years from the date of the permit. If construction does not begin within this period, or if construction begins but is not completed within five years from the start date for any reason whatsoever, the issued permit shall be deemed invalid. In such cases, a new permit must be obtained. Acquired rights in construction projects that have already begun are reserved. No additional fees are collected during permit renewal or plan amendments. However, if there is an increase in the construction site area or a change in the gross area or nature of the independent units, the amount of the fee previously paid shall be deducted from the newly calculated fee. If the fee calculated under the new circumstances is lower, no refund will be issued. Exemption provisions under other laws remain in effect. The permit and its attachments must be kept on-site.
Building Occupancy Permit
ARTICLE 30—(Amended by removing the provisions annulled by the Constitutional Court’s decision No. 1986/29 dated December 11, 1986.) Once the building is fully completed, permission must be obtained from the relevant municipality and governor’s office that issued the construction permit to use the entire building; or, if only certain parts are completed and usable, to use those specific parts. Upon the property owner’s application, it must be determined that the building complies with the permit and its attachments and that there are no technical objections to its use. Municipalities and governor’s offices are required to finalize property owners’ applications within thirty days at the latest. Otherwise, at the end of this period, the use of the entire building or the completed portion shall be deemed to have been authorized. The permit granted under this article does not exempt the building owner from liability arising from non-compliance with the law, the building permit, and its annexes, nor does it exempt the owner from the obligation to pay any taxes, fees, and charges.
Structures Without an Occupancy Permit
ARTICLE 31– The date of completion of construction is the date on which the occupancy permit is issued. Buildings for which an occupancy permit has not been granted or obtained shall not be provided with electricity, water, and sewer services or access to related facilities until such a permit is obtained. However, independent units that have obtained an occupancy permit shall be provided with these services.
Structures Commenced Without a Permit or in Violation of the Permit and Its Attachments
ARTICLE 32– (Amended by removing the provisions annulled by the Constitutional Court’s Decision No. 1986/29 dated December 11, 1986.) Except for structures that may be constructed without a permit under the provisions of this Law; upon the relevant administrative authority’s determination that construction has commenced without a permit or that construction is being carried out in violation of the permit and its annexes, upon the technical supervisor’s determination and notification, or upon becoming aware of this situation in any manner, the municipality or governor’s office shall assess the current status of the construction. The structure shall be sealed, and construction shall be halted immediately. The suspension shall be deemed to have been served on the owner upon the posting of the construction suspension notice at the construction site. A copy of this notice is also left with the neighborhood head. Within a maximum of one month from this date, the building owner must request that the municipality or governor’s office remove the seal by bringing the building into compliance with the permit or by obtaining a permit. If, following an inspection, it is determined that the non-compliance has been rectified or a permit has been obtained and the building complies with the permit, the seal is removed by the municipality or the governor’s office, and construction is permitted to continue. Otherwise, the permit is revoked, and the building constructed in violation of the permit or without a permit is demolished by the municipality or the governor’s office following a decision by the municipal council or the provincial administrative council, and the costs are recovered from the building owner.
Temporary Structures on Land Designated for Public Services
ARTICLE 33– On plots located in areas included in zoning plans but not part of the five-year zoning program as of the date of application, where roads or dead-end streets are required to be closed according to the plan, or where building permits were not issued under normal conditions without the application of the provisions of Article 18, or on plots designated for the services specified in Article 13 and for which the application of this article’s provisions is requested, where construction in accordance with the regulations is possible, temporary construction or installations may be permitted until the implementation of the zoning plan, upon the request of the owners, by a decision of the municipal council or the provincial administrative council, and a building permit may be issued accordingly in accordance with established procedures. In such cases, the period granted shall be ten years; and prior to the issuance of the building permit, the date and number of the municipal council or provincial administrative council decision, stating that the temporary construction or installation is valid for a ten-year period, along with the necessary specifications and conditions, must be noted as an annotation in the land registry. The period of temporary status begins on the date the annotation is entered in the land registry. If there is a building that is essentially usable on a parcel referred to in the first paragraph, no permission shall be granted for new construction or additions to that parcel; furthermore, even in areas where permission is granted for more than one temporary structure, the total dimensions of these structures may not exceed the amounts specified in the regulations. For the purposes of this article, a cadastral parcel is considered equivalent to a zoning parcel. When the plan is implemented, temporary structures or facilities must be demolished. If a temporary building or facility is demolished or expropriated after the ten-year temporary period has expired, or before the ten-year period has expired, the owner shall be paid the compensation determined in accordance with the provisions of the Expropriation Law No. 2942.
Measures and Obligations Regarding Construction, Repairs, and Landscaping
ARTICLE 34– During the course of construction and repairs, as well as the landscaping and afforestation of gardens, roads and sidewalks, as well as areas belonging to municipalities or governor’s offices and neighbors, must not be occupied, and underground and above-ground facilities in these areas must not be damaged or harmed; the movement of vehicles and pedestrians must not be impeded; if a structure is built within three meters or less of the road boundary, the front of the structure must be enclosed with a wooden screen or suitable material to prevent any danger, and it must be illuminated at night. If a structure is built along the roadside, the relevant authority may, in cases deemed necessary, permit the partial occupation of the sidewalk to ensure a safe passage for pedestrians, provided that the measures outlined above are taken. In such cases, the property owner or the owners of the person or entity undertaking the construction must take measures to prevent harm to passersby and to eliminate any danger. In buildings where ground-floor retail spaces are permitted, front yards at the same level as the sidewalk must remain open to pedestrians; no walls or obstacles that endanger pedestrian safety may be erected. In such locations and where the construction of stairs along lot boundaries is necessary, the riser height must not exceed 0.15 meters.
The Area Between the Building’s Front Facade Line and the Road, and Excavation of Natural Ground
ARTICLE 35 – Excavation of the ground to lower it below the level of the sidewalk in the area between the building’s front facade line and the road, for the purpose of gaining a floor below ground level, is not permitted.
For any reason whatsoever, owners of buildings whose front yards were previously formed at a level more than 0.50 meters below the level of the pedestrian sidewalk, as well as owners of such lots, are required, in order to ensure the safety of passersby, construct a garden wall or fence along the roadside in the manner specified by regulation or determined by the relevant authority based on the character of the neighborhood, and take the necessary safety measures.
Concierge Apartments and Shelters
ARTICLE 36– In buildings where the provision of a caretaker’s apartment and a shelter is mandatory, these apartments must comply with the conditions and dimensions specified in the regulations. Caretaker’s quarters may be located within the main building or, provided they do not violate building codes or technical and health standards and do not exceed 40 square meters in gross area, may be arranged in any part of the yard or within outbuildings. If living quarters are provided for employees such as security guards, gardeners, or boiler operators, the same conditions apply to these quarters as well. The provisions of Articles 29 and 30 also apply to the apartments mentioned in this article. The locations and types of buildings where a caretaker’s apartment and a shelter must be provided are specified in the zoning regulations.
Parking Lots
ARTICLE 37– When preparing zoning plans, the necessary parking spaces shall be allocated by taking into account the conditions of the planned municipality and region, as well as future needs. Building permits shall not be issued for buildings and facilities requiring parking unless the necessary parking spaces have been set aside, nor shall occupancy permits be issued unless the parking facilities have been constructed. After an occupancy permit is obtained, the parking area may not be allocated for other purposes in violation of the plan and the provisions of the regulations. In the event of a violation of this paragraph, the violation must be rectified within three months at the latest upon notification by the relevant authority. If the property owner fails to make the necessary corrections within the specified timeframe despite the notice, the relevant authority shall carry out the required work pursuant to a decision by the municipal council or the provincial administrative council, and the costs shall be recovered from the property owner.
CHAPTER FIVE
Miscellaneous Provisions
Preparation and Implementation of As-Built Maps, Zoning Plans, and Building Projects
ARTICLE 38– Engineers, architects, and urban planners shall assume technical responsibility for the preparation and implementation of as-built maps and zoning plans, in accordance with their areas of expertise and relevant laws. (Amended: April 26, 1989 – Law No. 3542, Art. 2) The technical responsibility for the preparation and implementation of architectural, structural, and all other plans, designs, drawings, and calculations for buildings shall be borne by engineers, architects, and technical experts—whose duties, authorities, and responsibilities shall be regulated by a regulation—shall assume the technical liability for the preparation and implementation of architectural, structural, and all other plans, designs, drawings, and calculations for buildings.
Structures Deemed Dangerous Enough to Require Demolition
ARTICLE 39– The owners of structures determined by the municipality or the governor’s office to be hazardous to the extent that part or all of them must be demolished shall be served with a notice by the municipality or the governor’s office within ten days, specifying the measures to be taken to eliminate the hazard based on its severity. If the building owner cannot be located, notice shall be served to the occupants of the building. If they cannot be located either, the notice shall be posted on the hazardous building in lieu of personal service, and this fact shall be recorded in a report prepared jointly with the village headman. If the hazard is not eliminated by the building owner through repair or demolition within the specified period following service of the notice, these measures shall be carried out by the municipality or governor’s office, and the costs, plus a 20% surcharge, shall be collected from the building owner. If the party’s financial hardship is documented, the costs will be covered from the budget of the municipality or the governor’s office. If the hazardous condition necessitates the evacuation of the building and its surroundings, the area will be immediately evacuated by law enforcement without the need for a court order.
Measures to Be Taken for Public Safety
ARTICLE 40– Debris or accumulations on lots, in homes, or in other places that endanger public health and safety, or that are deemed harmful from an urban planning, aesthetic, or traffic perspective, as well as facilities that generate noise and smoke, and private drainage channels, sewers, pits, wells, caves, and similar features—shall be notified to the responsible parties. If the notice is not complied with within the specified period, the municipality or the governor’s office shall remedy the hazard; the cost, plus a 20% surcharge, shall be collected from the property owner, or the activities of those causing the hazard shall be suspended.
Frontages of Lots Facing the Road
ARTICLE 41– Municipalities or the governor’s office have the authority to decide that the road-facing sides of plots with hazardous structures or vacant plots located on designated roads must be enclosed in the prescribed manner. In such cases, the property owners are required to enclose these areas within the timeframe specified by the municipality or the governor’s office. In the event of non-compliance with this obligation, the municipality or governor’s office shall take the necessary measures, and the costs shall be recovered from the landowner.
Penalty Provisions
ARTICLE 42–
(1) For a structure constructed without a permit or in violation of the permit, its attachments, or urban planning regulations, except in cases of special parceling, a fine ranging from 500,000 TL to 25,000,000 TL shall be imposed on the owner of the structure and the contractor. Additionally, one-fifth of these fines shall be imposed on the technical supervisor.
In addition to the acts specified in the first paragraph, property owners, the responsible engineer, and contractors who fail to fulfill the obligations set forth in Articles 28, 33, 34,39, and 40 of this Law, as well as the third paragraph of Article 36, shall be subject to a fine ranging from 500,000 TL to 10,000,000 TL. In the event of a repeat of the acts specified in the first and second paragraphs, the fines shall be imposed at double the amount. The penalties set forth in the preceding paragraphs shall be imposed, as appropriate, directly by the municipalities or by the highest administrative authority.
(2) An appeal against these penalties may be filed with the magistrate’s court within seven days of the penalty’s notification. The appeal shall be resolved through a review of the documents unless circumstances warrant otherwise. The decision rendered upon such an appeal is final. Upon application by the relevant administrative authority to the magistrate’s court through the Office of the Public Prosecutor, these courts may additionally impose a penalty of suspension from the profession for a period of one to five years on the technically responsible persons and contractors who were fined in accordance with the preceding paragraphs. Court decisions on this matter shall be reported by the relevant administrative authorities to the Ministry and to the professional association to which the professional belongs. Funds collected as a result of penalties imposed by municipalities under this article shall be credited to the municipal budget.
Repealed Provisions
ARTICLE 43– a) The Urban Planning Law No. 6785 dated July 9, 1956, and Law No. 1605, along with their amendments and supplements,
b) The Law No. 141 dated January 11, 1963, on the Liquidation of Gedik and Zemin Areas in the Central District of Bursa,
c) Law No. 1351 dated May 28, 1928 (its movable and immovable property, any shareholdings, budget, revenues, and the personnel’s employment rights shall be transferred to the Ankara Metropolitan Municipality),
d) Law No. 3196 dated June 3, 1937,
e) Law No. 710 dated January 18, 1966,
and any provisions of other laws that conflict with this Law are hereby repealed.
Regulation
ARTICLE 44– I -a) Which facilities and ancillary structures related to energy, irrigation, natural resources, transportation, and similar services are exempt from requiring a permit,
b) The areas to be allocated in zoning plans for schools, mosques, health, sports, social, and cultural facilities, as well as buildings of public institutions, and other matters related to this subject,
c) The manner and conditions under which land and plot regulation shall be implemented,
d) The principles to be followed for structures not subject to a permit,
e) The form and conditions of contractor registries,
f) The determination of criteria regarding the preparation and amendment of zoning plans, and other matters related to zoning,
g) The minimum frontage widths and sizes for subdivisions to be made in areas where lot frontages are not specified in zoning plans,
h) (Repealed by Constitutional Court Decision No. 1986/29 dated December 11, 1986.)
i) General principles regarding settlement areas,
j) Principles regarding the reorganization of the qualifications of architects and architectural firms responsible for acquiring as-built maps and preparing zoning plans,
shall be determined by a regulation to be issued by the Ministry.
II- (Amended: April 26, 1989—Law No. 3542, Article 3) The duties, authorities, and responsibilities of technical professionals other than the engineers, architects, and urban planners listed in Article 38 shall be determined by a regulation to be jointly issued by the Ministry and the Ministry of National Education, and the Higher Education Council, and shall be determined by a regulation to be jointly issued by the Ministry and the Ministry of National Education.
III- The buildings and facilities required to have parking lots, as well as other matters, shall be specified in a regulation to be issued by the Ministry.
This regulation shall specify which buildings and facilities require parking lots, as well as the quantity, dimensions, and other conditions of the parking need, and how this need is to be determined and met.
Adjacent Area
ARTICLE 45– The boundaries of the adjacent area are submitted to the Ministry by the provinces based on decisions of the municipal council and the provincial administrative council. The Ministry is authorized to review these and approve them as is or with amendments, or to return them for revision. The adjacent area need not be contiguous with the relevant municipal boundary. Furthermore, these areas may also include villages. Exclusion from the adjacent area is subject to the same procedure. The Ministry may, at its discretion, decide to include or exclude areas from the adjacent area when it deems necessary.
SECTION SIX
Provisions Regarding the Bosphorus Law No. 2960
ARTICLE 46—The bodies established pursuant to Article 6 of the Bosphorus Law No. 2960 have been abolished by this Law. The duties and responsibilities of these bodies shall be carried out by the Istanbul Metropolitan Municipality and the relevant district municipal administrations within the framework specified below. Specifically, the “Bosphorus Coastal Strip” as defined in Article 2 of the Bosphorus Law No. 2960 and delineated in the plan approved on July 22, 1983, within the Bosphorus area, and “forefront” zones are carried out by the Istanbul Metropolitan Municipality, while applications in the “rear” and “impact” zones are carried out by the relevant district municipal administrations.
ARTICLE 47—(Amended in accordance with the Constitutional Court’s decision regarding the repeal of certain articles of the Urban Planning Law No. 3194, published in the Official Gazette No. 19435 dated April 18, 1987.) Paragraphs “f” and “g” of Article 3 of Law No. 2960 on the Bosphorus have been amended as follows:
f) Plan amendments may be made in the Bosphorus area, provided that population and building density are taken into account in the existing plan.
g) (Repealed by Constitutional Court Decision No. 1986/29 dated December 11, 1986.)
ARTICLE 48—Article 10 of the Bosphorus Law No. 2960 has been amended as follows.
Article 10—In the “Rear View” zone, the Floor Area Ratio (FAR) shall be a maximum of 15% and 4 stories (H=12.50 m. in height); in the “Impact” zone, residential buildings may be constructed provided that the Floor Area Ratio (FAR) does not exceed 15% and 5 stories (H=15.50 m. in height). Areas that have previously been or will be transferred to the municipality free of charge are included in this calculation. Calculations are based on gross floor area. Acquired rights under the decisions of the “High Monuments Council” issued after January 1, 1982, and the plan approved on July 22, 1983, are reserved. However, regardless of floor area or height, building owners are required to obtain permits and occupancy certificates in accordance with the relevant articles of the Zoning Law; these permits are issued solely by the relevant district municipal offices based on preliminary and implementation plans. If deemed necessary, the revision of plans prepared for the “Bosphorus Area” in the “rear view” and “impact” zones, in accordance with Law No. 3030, and in the “coastal strip” and “forefront” zones, such revisions are prepared by the Istanbul Metropolitan Municipality and enter into force following a decision by the Municipal Council, approval by the Mayor, and the approval of the “Bosphorus Urban Planning High Coordination Council.” Relevant public institutions and organizations, as well as professional associations, may file objections to the plans regarding the “Coastal Strip” and “Forefront” zones, which are published for a period of one month at the Metropolitan Municipality. However, such objections do not suspend the plan’s entry into force. The Mayor’s Office reviews the plan along with the objections and submits it to the City Council, adding its own opinion. The municipal council reviews the matter within one month and reaches a decision. The outcome becomes final upon approval by the Mayor of the Metropolitan Municipality and the Bosphorus Urban Planning High Coordination Council. Plan amendments are also made in accordance with the same procedure. High Coordination Council for Urban Planning: Chaired by the Prime Minister or a Deputy Prime Minister or a Minister designated by the Prime Minister, the Council consists of the Ministers of National Defense, Public Works and Housing, Culture and Tourism, Transportation, Agriculture, Forestry and Rural Affairs, and Energy and Natural Resources. The Ministry of Public Works and Settlement serves as the secretariat of the Council. The budget, personnel, and revenues of the Bosphorus Urban Planning Directorate are also transferred to the Istanbul Metropolitan Municipality.
CHAPTER SEVEN
Transitional Provisions, Entry into Force, and Enforcement
Use of Structures for Their Intended Purpose
TRANSITIONAL ARTICLE 1– Structures located in any area and constructed after the entry into force of Law No. 2981 may not be used for purposes contrary to the conditions for the formation of the zone, the principles of the zoning plan, or the provisions of the regulations. Such structures must be restored to their original condition by the parties responsible for their construction within three months from the date of publication of the Act. If the non-compliance is not rectified by the end of this period, the restoration shall be carried out by the municipality or the governor’s office, and the cost, plus a 20% surcharge, shall be collected from the owner of the structure.
Parking spaces used for other purposes
TRANSITIONAL ARTICLE 2—Regarding parking spaces for which a building occupancy permit was obtained prior to the effective date of this Law, have been allocated for other purposes in violation of the permit and its annexes, and which do not fall under the scope of Law No. 2981, but for which parking allocation is required under the Parking Regulations, proceedings shall be conducted in accordance with the final paragraph of Article 37.
Previously Issued Permits and Approvals
TRANSITIONAL ARTICLE 3 – Permits and authorizations issued prior to the effective date of this Law in accordance with zoning plans and regulations shall remain valid.
Joint Entrance
TRANSITIONAL ARTICLE 4– Real estate registered in the land registry as a “shared entrance” prior to the Law’s entry into force and actually used by the public as a road, but not yet deregistered as a road in the land registry, shall be deregistered in the land registry in accordance with the allocation purpose specified in the zoning plan for public services and facilities: within the boundaries of the municipality and its adjacent areas, by decision of the municipal council; and outside these boundaries, by a decision of the provincial administrative council, without requiring consent, and shall be deregistered in the land registry in accordance with the allocation purpose specified in the zoning plan.
Traditional villages, hamlets
TRANSITIONAL ARTICLE 5—Gedik and zemin (örfü belde, paftos) located within or outside municipal boundaries and adjacent areas shall be liquidated in accordance with the provisions of this Law, regardless of whether they have completely been demolished and ceased to exist (müntafi and münhedim), shall be liquidated in accordance with the provisions of this Law, regardless of whether they have lost their existence or not. Land rights in real property subject to liquidation have been converted into monetary value. The land rights value is 1/5 of the latest property tax value of the land to which the real property pertains. The land rights value determined in this manner is deposited by the Land Registry Office, upon application by the owner of the plot, into a national bank in trust on behalf of the land rights holder. If no application is made, a statutory mortgage is established in favor of the landowner. One-fourth of the land rights value is paid in advance, and the balance is paid in equal annual installments within three years at the latest; the bank applies demand deposit interest to this amount. The down payment and installments may not be less than 40,000 TL. Following these procedures, the necessary cancellations and corrections in the land registry are made ex officio. Claims regarding the land right fee deposited in escrow with the bank or secured by a mortgage are subject to general provisions.
TRANSITIONAL ARTICLE 6—In the implementation of urban renewal plans prepared and approved in accordance with Law No. 2981, municipalities within municipal and adjacent areas, and governor’s offices outside such areas, are authorized to determine the conditions and procedures for issuing building permits.
TRANSITIONAL ARTICLE 7— (The first paragraph of this article has been repealed by Decision No. 1986/29 of the Constitutional Court dated December 11, 1986.)
Existing mezzanine floors in the Bosphorus area shall be converted into full floors, provided they remain within the same building envelope. However, owners of attic floors for whom the right to use a terrace has not previously been registered in the land registry shall pay to the other floor owners, in proportion to their shares, the value obtained by multiplying the value per square meter—calculated by dividing the declared apartment value for property tax purposes by the apartment’s square meters—by the area gained. If they are not present, this amount shall be deposited in their names at a national bank.
Deadline for Issuing Regulations
TRANSITIONAL ARTICLE 8– Regulations governing the implementation of this Law shall be issued within six months at the latest from the date of publication of the Law.
TRANSITIONAL ARTICLE 9– (Decree-Law No. 572, published in the Official Gazette No. 23011 dated June 6, 1997) In order to implement the provisions set forth in Article 1 of the Annex to this Act in infrastructure areas and structures that have been or will be constructed, the Ministry of Public Works and Settlement shall make the necessary amendments to zoning regulations and legislation concerning public buildings by June 1, 1998.
ADDITIONAL ARTICLE 1 – (Decree Law No. 572, published in the Official Gazette No. 23011 dated June 6, 1997.) To ensure that the physical environment is accessible and livable for persons with disabilities, compliance with the relevant standard of the Turkish Standards Institute is mandatory in urban planning, as well as in urban, social, and technical infrastructure areas and buildings.
ADDITIONAL ARTICLE 2 – (Law No. 4380, published in the Official Gazette No. 23421 dated August 2, 1998) When preparing zoning plans, the necessary sites for mosques shall be designated, taking into account the conditions of the planned municipality and region as well as future needs. Mosques may be constructed in provinces, districts, and towns provided that permission is obtained from the mufti and the construction complies with zoning regulations. A site designated for a mosque may not be allocated for other purposes in violation of urban planning regulations.
Entry into Force
ARTICLE 49– Articles 43/b, c, d, e; 46, 47, and 48 of this Law, as well as Transitional Article 7, shall enter into force on the date of publication; the remaining articles shall enter into force six months following publication.
Implementation
ARTICLE 50– The provisions of this Law shall be implemented by the Council of Ministers.