AMENDMENT TO THE REGULATION ON THE IMPLEMENTATION OF THE COASTAL LAW: RESOLUTION OF THE ISSUE REGARDING THE REFERENCE DATE FOR THE DETERMINATION OF VESTED RIGHTS
The dates “11.07.1992” set out in the definition of partial development under Article 4 of the Regulation on the Implementation of the Coastal Law (the “Regulation”) and in Article 16 thereof, which governs the determination of coastal zones, were replaced with “17.04.1990” in accordance with the decision of the Sixth Chamber of the Council of State dated 03 February 2025 and numbered E.2024/6730, K.2025/327. The framework established by this amendment had, in fact, already been clearly set out in the said decision of the Sixth Chamber of the Council of State.
1. SUBJECT MATTER OF THE DISPUTE
The lawsuit filed before the Sixth Chamber of the Council of State concerns the addition of a plan note stipulating that the 100-metre coastal zone requirement would not be sought within the boundaries of the Mudanya Implementation Development Plan approved on 18 June 1992, covering the coastal areas of the Altıntaş, Burgaz, Eğitim, Yalı, Ömerbey, Hasanbey, Şükrüçavuş, Mütareke, Halitpaşa and Kumkaya neighbourhoods of the Mudanya district. The action was brought seeking the annulment of subparagraph (b) of paragraph (1) of Article 16 of the Regulation, which relates to the determination of coastal zones.
2. ASSESSMENT CARRIED OUT BY THE SIXTH CHAMBER OF THE COUNCIL OF STATE
The lawsuit was initially dismissed; however, following the reversal decision of the Plenary Session of the Administrative Law Chambers of the Council of State dated 27 May 2024 and numbered E.2023/1644, K.2024/1184, the case was re-examined.
In its assessment, the Sixth Chamber of the Council of State addressed the matter in two stages.
First, it was stated that the provisional article of the Law No. 3830 on the Amendment of the Coastal Law (“Law No. 3830”) provides that revisions of zoning plans concerning partially or entirely undeveloped areas must be completed within one year from the entry into force of that Law. The decision emphasized that this provision means that, in such revisions, the then-applicable provisions of the Coastal Law No. 3621 (the “Coastal Law”) requiring a 100-metre-wide coastal zone must be taken into consideration. Accordingly, it was assessed that the provisional article of Law No. 3830 pertains to revisions to be made in partially or entirely undeveloped areas in compliance with the Coastal Law, whereas the provisional article of the Coastal Law itself relates to vested rights within coastal zones. Consequently, it was concluded that the entry-into-force date of Law No. 3830 bears no relevance to the issue at hand.
Following this determination, it was stated that the “use and enjoyment of coasts” is regulated under Article 43 of the Constitution, and that the provisional article of the Coastal Law was enacted in line with this constitutional provision. It was observed that the said provisional article accepts as valid the provisions concerning coastal zones contained in 1/1000 scale implementation zoning plans that were partially or entirely developed and duly approved in accordance with the applicable legislation prior to the entry into force of the Law on 17 April 1990. The Court concluded that shifting this reference date to 11 July 1992 through the Regulation was contrary to Article 43 of the Constitution and to the provisional article of the Coastal Law, and accordingly decided to annul subparagraph (b) of paragraph (1) of Article 16 of the Regulation.
3. CURRENT STATUS OF VESTED RIGHTS IN LIGHT OF THE COUNCIL OF STATE DECISION AND THE REGULATORY AMENDMENT
The Coastal Law provides that the coastal zone must extend horizontally inland for a minimum width of 100 metres from the shoreline. However, pursuant to the decision of the Sixth Chamber of the Council of State dated 03 February 2025 and numbered E.2024/6730, K.2025/327, and the subsequent amendment to the Regulation made in line with this decision, it is now accepted that provisions of zoning plans approved prior to 17 April 1990 which deviate from the Coastal Law concerning coastal zones shall be preserved on the basis of vested rights. The amendment to the Regulation is of particular significance, as it concerns millions of individuals who had previously faced title deed annulment and demolition proceedings on this ground.