New Planned Areas Zoning Regulation

The new Planned Areas Zoning Regulation (“Regulation”) of Ministry of Environment and Urbanization, has been published in the Official Gazette dated July 3, 2017 and numbered 30113. The regulation will fully enter into force on October 1, 2017, abolishing the Planned Areas Type Zoning Regulation (“Current Regulation”) which is currently in force.

The regulation brings important amendments to the existing procedures and principles under the Current Regulation. Some of those changes may be summarized as follows:

·       Compliance of Low-Level Zoning Plans with Higher- Level Zoning Plans:

The Regulation sets forth that the low-level zoning plans must be brought in compliance with higher-level zoning plans by the related administrative body within (1) years from the date of finalization of higher level zoning plans. Otherwise, the Regulation enables the administrative body, which has prepared the higher-level plans, to change and approve the lower-level zoning plans ex officio within (6) six months. Unless the plans comply, the Regulation forbids the issuance of new construction permits in those areas.

·       It is No Longer Possible to Benefit from Elevation Difference:

The elevation difference is often used as a good opportunity to add additional floors to the construction. Nevertheless, the Regulation abolishes this opportunity as it specifically states that the number of the floors shall be calculated according to the point of elevation, and the number of the floors may not be increased by benefiting from the increased floor height.

·       It is No Longer Possible to Construct Studio Apartments:

Pursuant to the Regulation each residence must have minimum (1) living room, (1) bedroom, (1) kitchen or an area to cook, (1) bathroom and (1) toilet. Therefore, the Regulation prevents the construction of studio apartments, often referred to as (1+0) apartments. The Regulation also increases the minimum area of each independent apartment from (27,5) square meters to (28,5) square meters. Moreover, it has been stipulated that (i) the width of hallways and corridors must be at least (1,20) meters, (ii) the bathroom and toilet must be separated in the apartments with more than (3) rooms.

·       The Maximum Number of Floors According to the Roadway Width:

The Regulation sets forth that the maximum number of floors shall be determined according to the roadway width as well in case that the current zoning plans does not state any floor numbers or building height. Accordingly, in residential or commercial areas where the roadway width is less or equal to (7.00) meters, the maximum number of floors shall not be more than (2) excluding the basement floor, whereas in industrial areas the maximum number of floors shall be (1). On the other hand, in case the roadway width is more than or equal to (50) meters, a building in residential or commercial areas may have (14) or more floors whereas in industrial areas the maximum number of the floors shall be (4). The Regulation indicates the number of maximum floors for the road widths between (7) meters and (50) meters in proportion.

·       Building Coverage Ratio (“TAKS”):

The Regulation indicates that TAKS cannot exceed (40%) unless stated in the zoning implementation plan (Uygulama İmar Planı). Nevertheless, in parcels where the floor area ratio (“KAKS”) and setback distance is provided but no TAKS is provided, it has been stipulated that TAKS may be increased up to (60%) and implementation may be made according to the setback distance. In such cases, as TAKS may be increased whereas KAKS remains the same, the Regulation encourages and promotes horizontal architecture.

·       Construction Work Which Does Not Require Construction Permit:

The Regulation states that in specific conditions, there is no need to obtain a construction permit in order to install sun-based energy systems to the buildings for its own use. In such cases, it will be sufficient (i)  to prepare application projects in accordance with the architectural opinions at the building’s project and (ii) to present the administrative body with a letter of undertaking for the scientific responsibility.

 Moreover, the Regulation also provides the opportunity to commence the excavation works without obtaining a construction permit, instead an excavation permit will be sufficient. To be granted an excavation permit, an application for the construction permit must be made, architectural project must be approved and a letter of undertaking must be presented to the administrative body. The Regulation also states that the contracts entered into with the engineer of record or the site manager must include terms with regards to the undertaking of scientific responsibility.

As mentioned above, the Regulation enters into force on 01.10.2017. The construction permits which were granted prior to the entry into force of the New Regulation shall not be affected by these amendments. In other words, the current regulation shall continue to be binding for the construction permits that are granted prior to 01.10.2017 and ongoing constructions. 

This new Regulation sets forth new and crucial amendments with regards to constructions and it highly significant for construction and real estate development companies. Therefore, these amendments should be evaluated in detail and be considered in constructional activities.