GOVERNMENTAL PEACE AT BUILDING LAW (JUNE 2018)

The Law numbered 7143 (“Law”), known as Peace at Building Law, which amends various law has been published in Turkish Official Gazette on 18/05/2018 and the related provisions of Law amending the Building Law entered into force as of publication.  

The buildings constructed contrarily to license and its annexes or without any license before 31/12/2017 shall be granted Building Registry Certificate pursuant to above mentioned amendment in Building Law. Applications for Building Registry Certificate must be done until 31/10/2018 before the public institutions to be authorized by Ministry of Environment And Urbanization(“Ministry”).  

Applicants must pay the registration fee until 31/12/2018. The registration fee shall be 3% for houses, 5% for work places to be calculated over the sum of real estate tax value of the plot to be determined as per Real Estate Tax Law and approximate cost of the building to be determined by the Ministry.  Besides, the owners of the building granted Building Registry Certificate shall be obliged to make additional payment which is two times more than registration fee for land use conversion and establishment of property ownership.  

Building Registry Certificate provides usage permit and allows;  

  • Subscription for water, electricity and natural gas utilities.
  • Cancellation of administrative penalties and decision of demolish rendered under Building Law.  

However, any kind of liability due to earthquake shall remain at owner’s own responsibility.  

Building Registry Certificate entitles the owners to apply for land use conversion and establishment of property ownership for the buildings without occupancy permit provided that such application must be done with unanimous consent of all owners and double registration fee must be paid. Besides, owners can use bank credit for such kind of buildings.  

The buildings constructed on the plots registered to the Treasury shall be assigned to the Ministry up on issuance of Building Registry Certificate. Such buildings shall be directly sold by the Ministry over current market rate up on demand of legal or contractual successors. The buildings constructed on the plots registered to the Municipality shall be assigned to the Municipality up on issuance of Building Registry Certificate. Such buildings shall be directly sold by the Municipality over current market rate up on demand of legal or contractual successors.  

The buildings constructed on the plots of third parties and plots of the Treasury which assigned for social areas such as park are not within the scope of the Law. Besides, Bosporus coast line, Istanbul historical peninsula (i.e. Sultanahmet district) and Historical areas of Gelibolu are excepted from Law.  

Consequently, the Law both provides settlement between the citizens and the government and  a huge income for the government since approximately 13 million building is within the scope of the Law which is expected to be used for urban transformation.