Amnesty for Illegal Construction under Law No. 3194 on Urban Planning

Regarding the "Construction Amnesty": Turkey's urbanization history has been shaped by structural problems such as rapid population growth, migration waves from rural areas to cities, economic fluctuations, and the inability to produce planned land. This dynamic process has created a chronic stock of illegal buildings, starting as "shantytowns" on the outskirts of large cities and then evolving into "unlicensed and illegal multi-story construction" in city centers. While the state is obligated to ensure orderly and safe urbanization as a constitutional duty, it cannot ignore this stock of illegal buildings that actually exist on the ground, housing millions of people and representing economic value. The tension between these two opposing poles has given rise to one of the most debated instruments in Turkish legal and political history: the Construction Amnesty.

An amnesty for illegal constructions is an extraordinary legal regulation enacted to resolve chronic problems arising from property and zoning disputes between the state and citizens, thereby legalizing structures built in violation of zoning regulations. The most comprehensive and recent of these amnesties, issued periodically throughout the history of the Republic, is the one that came into effect in 2018 and is commonly referred to as the "Zoning Peace" in the public sphere. This regulation introduced the concept of a "Building Registration Certificate," a form of property protection granted by the state to owners of illegal structures

This article analyzes, with academic depth but in a clear language easily understandable by every citizen, what the zoning amnesty is, its historical and legal foundations, the Zoning Peace regulation that came into effect in 2018, how the Building Registration Certificate, which is the lifeblood of this regulation, is obtained, what legal options it offers to rights holders, the reasons for the cancellation of the certificate, and the consequences of this process in terms of property law and disaster safety.

1. What is an Amnesty for Illegal Construction? Historical and Conceptual Background

From a legal perspective, an amnesty for illegal construction is the process of granting legal status to buildings that have been constructed in violation of zoning plans, permit documents, or occupancy permits, or that were constructed entirely without permits, in exchange for a certain fee or under certain conditions.

The Conflict Between Legality and De Facto Situation

In the disciplines of urban planning and administrative law, zoning amnesty is considered a compromise between the "principle of legality" and "acceptance of the de facto situation." Under normal circumstances, a structure that violates zoning laws is considered "illegal" and should be demolished by the administration, with the owner facing fines and imprisonment. However, when the number of illegal structures reaches hundreds of thousands or even millions, it becomes technically, socially, and economically impossible for the administration to demolish all of them. At this point, the state resorts to amnesty, citing reasons such as "ensuring social peace" and "registering the de facto situation by bringing it into a legal framework.".

Chronology of Zoning Amnesty in Türkiye

The first zoning amnesty in Türkiye was enacted in 1948. In the decades that followed, new amnesty laws were implemented after each political and economic crisis or before elections. While Law No. 2981, enacted in 1984, is considered the most comprehensive zoning amnesty in the history of the Republic, Article 16 (Zoning Peace) added to Law No. 3194 on Zoning in 2018 has taken over this title. A common feature of these laws is that they have received intense criticism from academic circles for periodically legitimizing illegal construction rather than deterring it.

2. 2018 Zoning Amnesty Regulation and "Building Registration Certificate"

Law No. 7143, published in the Official Gazette on May 18, 2018, added Temporary Article 16 to Law No. 3194 on Zoning. This regulation, commonly referred to as the "Zoning Amnesty," differs from previous amnesties in that it establishes a "Building Registration Certificate" system , serving as a temporary protective shield, instead of directly granting title deeds to buildings

What is a Building Registration Certificate?

The Building Registration Certificate is an official document issued by the Ministry of Environment, Urbanization and Climate Change to register buildings constructed in violation of zoning regulations, without a permit, or in violation of permit conditions, and to temporarily legalize these buildings.

This document does not render the building completely “permanently and perfectly compliant with building regulations.” It is merely a legal “truce” declaring that the state has suspended administrative sanctions against the building, such as demolition orders and fines.

3. How to Obtain a Building Registration Certificate? Application and Evaluation Process

In the Urban Planning Amnesty process launched in 2018, the government utilized digitalization to the fullest extent to reduce bureaucracy and accepted applications for Building Registration Certificates through the e-Government portal.

Application Requirements and Criteria

For a building to obtain a Building Registration Certificate under this amnesty program, it had to meet the following conditions:

• Time Criterion: The structure December 31, 2017. Illegal structures built after this date were excluded from the amnesty. (The accuracy of this date was subjected to strict verification using satellite imagery and aerial photographs).

• Declaration-Based Application: The application process is entirely based on the declaration made by the citizen via e-Government. The citizen themselves enters the building's surface area, number of floors, intended use (residential/commercial), and address information into the system.

• Payment of Building Registration Fee: A fee had to be paid to the state in order for the document to be issued. This fee was calculated based on the sum of the property tax value of the land on which the building is located and the approximate cost of the building. A "Building Registration Certificate Fee" was collected at a rate of 3% of this total value for residential buildings and 5% for commercial buildings.

Discussion Regarding Lack of Technical Supervision

The most criticized aspect of the Zoning Amnesty regulation in academic circles has been that applications are based solely on "citizen declarations" and that the state does not conduct any technical inspection or engineering review regarding the earthquake resistance of the buildings. "The responsibility for the earthquake resistance of the building rests with the owner" shows that the state has completely shifted the technical responsibility onto the property owner in this process. This situation has led to the continuation of risks to life safety in the event of a possible disaster.

4. Legal Rights and Advantages of Obtaining a Building Registration Certificate

A building owner who obtains a Building Registration Certificate gains the opportunity to overcome many administrative and legal obstacles they have faced until that point. The main advantages provided by this certificate are as follows:

1. Cancellation of Demolition Orders and Fines

According to Law No. 3194, demolition orders and administrative fines previously issued for buildings that have obtained a Building Registration Certificate are cancelled. The administration cannot demolish a building with this certificate on the grounds of zoning violations or impose a new fine.

2. Connecting Subscriptions (Electricity, Water, Natural Gas)

According to Turkish building regulations, it is prohibited to officially connect electricity, water, and natural gas services to illegal structures that lack permits and occupancy certificates. The Building Registration Certificate has removed this obstacle. Citizens who obtain this certificate can apply to the relevant distribution companies to have legal and permanent off-site subscriptions connected to their buildings.

3. Obtaining a Business Opening and Operating License

For a building to be used commercially and for a business to be opened there, a business license must be obtained from the municipality. While it is impossible to obtain this license for buildings without occupancy permits, the process is simplified by presenting a Building Registration Certificate, which documents that there are no longer any obstacles regarding violations of zoning regulations.

4. Possibility of Transitioning to Condominium Ownership (Title Deed Acquisition Process)

A Building Registration Certificate alone does not provide condominium ownership (individual title deed), but it is the first and most important step. After obtaining the certificate, it becomes possible to obtain a "Condominium Ownership" or "Floor Easement" title deed, depending on the status of the area in the zoning plan, provided that all condominium owners agree, the building's architectural project is drawn up, a ground survey report is prepared, and the necessary fees are paid.

5. Limits of the Building Registration Certificate: Which Areas Are Excluded from the Amnesty?

In defining the scope of the zoning amnesty, the state has explicitly excluded certain sensitive areas and structures to protect public interest, historical heritage, and environmental safety. Building Registration Certificates issued for illegal structures built in the following areas are legally invalid:

• Bosphorus Coastal Strip and Scenic Area: In order to protect the historical and natural silhouette of the Istanbul Bosphorus, structures within the coastal strip and scenic area boundaries defined in the Bosphorus Law are excluded from the amnesty.

• Historical Sites: Areas containing registered cultural heritage sites and protected areas within Istanbul's Historical Peninsula have not benefited from the zoning amnesty.

• , specifically the Çanakkale Battlefields, are also among the special zones excluded from the amnesty.

• Structures on Privately Owned Property: Buildings that encroach upon the boundaries of privately owned property belonging to third parties, or that are entirely constructed on land registered to someone else, are not eligible for the zoning amnesty.

• Special Circumstances Regarding Treasury and Foundation Properties: While certain facilitations have been introduced for buildings constructed on lands belonging to the treasury or foundations, permits have not been issued for buildings on specially protected portions of these lands (e.g., military restricted areas, historical sites) where sales are prohibited.

6. Cancellation of Building Registration Certificate and its Consequences

Obtaining a Building Registration Certificate does not offer a property owner an unshakeable, lifelong guarantee. In recent years, hundreds of thousands of Building Registration Certificates have been revoked as a result of retrospective audits conducted by the authorities. These revocations are generally due to the following reasons:

1. Buildings constructed after December 31, 2017

Many citizens, aiming to take advantage of the zoning amnesty, applied for permits declaring illegal structures they actually built in 2018 or 2019 as if they were constructed before 2017. Special commissions established within the Ministry of Environment, Urbanization and Climate Change conducted retrospective searches using satellite imagery, historical Google Earth images, and aerial cadastral photographs. As soon as it was determined that a building was constructed after 2017, the Building Registration Certificate was immediately revoked.

2. False Statements and Information Errors

Failure to provide accurate or inaccurate information regarding the building's square footage, number of floors, or intended use (such as listing it as residential instead of commercial) during the application process will result in underpayment of the application fee, and if detected, will cause the document to be cancelled.

3. Legal Consequences of Document Cancellation

A building whose Building Registration Certificate has been revoked reverts to the status of a "completely illegal structure" in legal terms. As a result:

• The demolition order for the building, which had been previously suspended, is immediately put into effect, and the municipality takes action to demolish it.

• Administrative fines are reassessed.

• Most importantly, the property owner is charged under Article 206 of the Turkish Penal Code for "Making false statements in the preparation of an official document," on the grounds that they misled the state by making false statements. The penalty for this crime is imprisonment for 3 months to 2 years

• The application fees paid are recorded as revenue for the state and are not refunded to the citizen.

7. Legal Remedies Regarding the Construction Amnesty: Where to Apply in Case of Disputes?

Numerous disputes arise between the administration and citizens during the zoning amnesty and Building Registration Certificate processes. In cases such as the cancellation of the certificate, rejection of the application, or the initiation of demolition procedures, rights holders have legal avenues available to pursue.

Annulment Case in Administrative Courts

Legal recourse is available against actions taken by the Provincial Directorate of Environment, Urbanization and Climate Change that revoke the Building Registration Certificate, or against the municipality's decision to demolish the building based on this revocation.

• Competent and Authorized Court: Cases are filed in the local Administrative Court .

• Time Limit for Filing a Lawsuit: 60 days from the date the cancellation decision or demolition notice is served on the property owner . This period is a forfeiture period, and if missed, the right to file a lawsuit is lost.

• Request for Suspension of Execution: In zoning cases, since the demolition of the building would cause irreparable harm, it is essential to request an immediate "Stay of Execution" order from the court in the lawsuit petition. Unless a stay of execution order is obtained, the municipality can demolish the building even if the lawsuit continues.

8. Academic Review: Is the Construction Amnesty a Solution or a Problem?

From the perspectives of law, urban planning, sociology, and engineering disciplines, zoning amnesties have always been subjected to intense criticism. The social and technical impacts of these regulations are evaluated from two different viewpoints:

The Perspective of the Administration and the Supporters

According to its proponents, the zoning amnesty resolved property disputes, saving citizens and the state from litigation; it legally connected millions of illegal structures to electricity and water, securing basic human needs; and it generated billions of liras in revenue for the treasury. In this respect, it was presented as a project for social peace.

Academic and Technical Perspective

According to urban planners, architects, and civil engineers, zoning amnesties are one of the biggest blows dealt to modern urbanism and disaster safety

• The Illusion of Acquired Rights: Amnesty laws for illegal construction undermine the sense of justice of citizens who have honestly and legally built licensed buildings. By fostering the belief that "an amnesty will be issued anyway," it encourages more illegal construction in the future (moral hazard).

• Earthquake Risk and Life Safety: In a country like Turkey, which carries a high risk of earthquakes, the "legalization" of buildings without engineering inspections, solely through the payment of fees by the property owner, constitutes a major safety lapse. Indeed, the collapse of numerous structurally unsound buildings that had obtained Building Registration Certificates through amnesty programs during recent major earthquakes, resulting in loss of life, painfully demonstrates the validity of these academic criticisms.

Conclusion: Urban Planning Discipline for Resilient Cities of the Future

The zoning amnesty and its latest practical manifestation, the Building Registration Certificate system, are temporary band-aid solutions that Türkiye uses to confront its legacy of unplanned urbanization from the past. While the Building Registration Certificate has solved some of the daily practical problems of citizens, such as electricity and water subscriptions, overcoming the fear of demolition, and obtaining business licenses, it has not eliminated the problem of the structural safety of buildings.

A genuine and lasting urban transformation is not achieved by pardoning buildings on paper, but by inspecting, strengthening, or demolishing them and rebuilding them from scratch to withstand earthquakes, using scientific engineering methods. To build resilient and safe cities of the future, it is vital to implement strict zoning regulations that completely eliminate the need for periodic amnesties, develop policies for producing affordable land, and prioritize life safety above all economic or administrative concerns. The greatest responsibility of the state is to address the housing needs of its citizens not by turning a blind eye to illegal constructions, but by creating planned, safe, and aesthetically pleasing residential areas.