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Informal Settlements

October 20, 2025
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Informal Settlements: The Balance Between Eviction, Demolition, and Social Policy

SUMMARY:

Informal settlements (or shantytowns) are structures built in violation of zoning regulations, often on privately owned or public property, without a permit or in violation of a permit. Eviction and demolition are carried out through the combined application of the Zoning Law No. 3194 , the Informal Settlements Law No. 775 , and administrative/criminal legislation. The administration is obliged to comply with procedural safeguards (notification, defense, proportionality) during the identification, sealing, and demolition phases . A balance is struck between the right to housing in favor of the owner/occupier , the right to property in favor of the owner , and public order . The litigation strategy is structured through a combination of demolition/fine cancellation in administrative courts and prevention of encroachment, compensation for unlawful use, and demolition in judicial courts . Urban transformation (Law No. 6306), social housing, and rental assistance mechanisms complement the social policy balance

Contents

  1. Conceptual Framework: What is a shantytown, and what is it not?
  2. Legislation Map: Which laws are in effect?
  3. Authority and Procedure: Inspection, sealing, council decision, and demolition
  4. Eviction Regime: Administrative and judicial appeal procedures, the 3091 process
  5. Demolition Criteria and Proportionality: Right to Defense, Public Interest, and Alternatives
  6. Social Policy Balance: Right to housing, urban transformation, rent assistance
  7. Judicial Review: Administrative and judicial strategies, evidence management
  8. Criminal Law Aspect: Article 184 of the Turkish Penal Code and related risks
  9. 6306 Perspective: Risky building/area processes and implementation
  10. Strategy According to the Parties: Owner-administrator-user focused roadmaps
  11. Application Scenarios: 6 example cases
  12. Petition Templates: Short examples (adaptable)
  13. Common Mistakes and Practical Tips
  14. FAQ – Frequently Asked Questions
  15. Conclusion and Recommendations

1) Conceptual Framework: What is a shantytown, and what is it not?

In Turkish practice , a shantytown is defined as a simple dwelling/annex built without a permit or in violation of a permit , often on property owned by someone else (or the public ), and contrary to the zoning plan . Although different definitions are found in legal literature, the determining factors are:

  • Land element: Properties mostly owned by the Treasury, municipalities, or third parties.
  • Zoning violation: Construction without a permit or in violation of a permit (Articles 32 and 42 of Law No. 3194).
  • Permanence: Although it may stem from a simple need for shelter, it can become permanent over time.
  • Legal consequences: Risks of eviction, demolition, fines, compensation for unlawful use of property, and criminal liability.

Misconceptions:

  • "Having a subscription does not equal legal compliance." Electricity/water subscriptions do not automatically grant ownership or zoning compliance.
  • of "acquisition through prescription" is generally not possible with public goods; prescription through prescription does not apply to public goods.
  • The idea that "I'll get an amnesty for illegal constructions and everything will be resolved" is temporary; provisional regulations (e.g., Building Registration Certificates) demolition and eviction ; they do not grant property ownership and may exclude public areas.

2) Legislation Map: Which Laws Are in Effect?

  • Law No. 3194 on Zoning: Unlicensed/contrary structures (Article 32: sealing and demolition; Article 42: fine).
  • Law No. 775 on Squatter Settlements: Squatter settlement prevention zones, demolition and eviction methods; social policy objectives.
  • Law No. 3091: Prevention of infringements on the possession of immovable property through administrative means (expedited eviction by decision of the local administrative authority).
  • Law No. 2577 on Administrative Procedure: Annulment lawsuit against administrative actions, suspension of execution (YD).
  • Law No. 7201 on Notifications: Proper notification of demolition/penalty decisions.
  • Turkish Penal Code No. 5237, Article 184: Causing pollution through urban planning (unlicensed/construction in violation of a license).
  • 4706 – 2886 – 2942 – 3402 – 4721: Treasury real estate, compensation for unauthorized use, expropriation, and ownership/possession regulations.
  • 5216 – 5393: The duties/powers of metropolitan municipalities and municipalities; council decisions.
  • Law No. 6306: Risky buildings/areas and transformation tools, rental/relocation assistance opportunities.
  • Articles 35 and 57 of the Constitution, Additional Protocol 1 to the ECHR: Constitutional/proportionality review of the balance between the right to property and the right to housing.

3) Authority and Procedure: Inspection → Sealing → Council → Demolition

Stage 1 – Assessment: Technical assessment based on the municipality's/provincial special administration's building suspension order, comparison of permit/additional project plans, and photographs, coordinates, and sketches.
Stage 2 – Sealing (Article 32 of Law No. 3194): Construction must be stopped; breaking the seal also carries a risk of penalty.
Stage 3 – Defense: Obtaining the relevant party's written defense before the decision essential(administrative procedural guarantee).
Stage 4 – Council Decision: Demolition and/or fine; the justification must be concrete and verifiable.
Stage 5 – Notification: Notification in accordance with Law No. 7201; improper notification does not initiate time limits, critical in cancellation/annulment lawsuits.
Stage 6 – Enforcement: Law enforcement support, collection of costs from the relevant party; technical safety measures and consideration of life safety must be taken.

Warning: The authorities may take urgent measures if there is a risk to life safety requiring "immediate demolition" (e.g., riverbed, disaster risk, cliff edge) ; however, proportionality and minimum procedural safeguards must still be maintained.

4) Eviction Regime: Administrative and Judicial Procedures and the 3091 Process

Administrative Procedure – Law No. 3091:
The local administrative authority (governor/district governor) swiftly prevents unlawful encroachment on the possession of immovable property; the decision an administrative act. In appropriate scenarios (especially concerning public properties) , eviction can be expedited through this channel. An administrative judicial remedy is available against the decision.

Legal Proceedings – Prevention of Encroachment, Compensation for Unlawful Occupation, and Demolition: The property owner (or the Treasury/municipality) can file a lawsuit with the Civil Court of First Instance requesting the prevention of encroachment (prohibition of interference) , compensation for unlawful occupation, and demolition . Evidence sets: title deeds/cadastre, zoning status documents, expert report, satellite images, numbering records. Combination: An administrative demolition order + a judicial prevention of encroachment can proceed in parallel and complementarily.

5) Demolition Criteria and Proportionality

The administration must visibly meet the following tests with every demolition:

  • Legal Basis and Justification: Specific zoning violation; comparison of plan decision/project/permit.
  • Procedure: Notification, defense, reasoned council decision, respect for the right to a fair hearing.
  • Proportionality: demolition a last resort ? Can the violation be remedied with partial demolition? Is there a risk to life and property?
  • Social Impact: Assessment note regarding extreme vulnerability, vulnerable groups (children/disabled/elderly), and the right to housing.
  • Alternative Means: Administrative sanctions, conversion/rent assistance, eviction postponement/planning.

In practice, a “phased demolition” or “evacuation-then demolition” schedule is preferred for its proportionality and the management of social impacts.

6) Social Policy Balance: Right to Housing – Property – Public Interest

The right to housing (Article 57 of the Constitution) alone does not legitimize an illegal structure; however, proportionality checks. the right to property (Article 35 of the Constitution) and public order/urban planning principles . Urban transformation and social housing tools make eviction and demolition processes humane and manageable .

  • The 6306 process: Identification of risky buildings/areas, majority of owners, rent/relocation assistance.
  • Vehicles numbered 775 and TOKİ (Housing Development Administration of Turkey): Slum prevention zones, planned housing, social housing projects.
  • Vulnerable groups: Social assessment report, best interests of the child, and evacuation planning.

7) Judicial Review: Strategy in Annulment and Prohibition Cases

A) Administrative Law – Cancellation of Demolition/Finedant

  • Duration: 60 days (Administrative Procedure Law). The notification date is critical.
  • Suspension of Execution (SD): Clear illegality + irreparable harm.
  • Evidence: Construction suspension order procedure, notification, plan-project comparison, photo-video recordings, expert opinion.
  • Objective: Annulment of the decision, cancellation of fines; procedure and proportionality .

B) Judicial Procedures – Prevention of Encroachment/Compensation for Unlawful Use/Demolition

  • Competent Court: As a rule, the Civil Court of First Instance.
  • Evidence: Land registry/cadastre, zoning plan, boundary determination, site survey/expert report, orthophoto/satellite image.
  • Compensation for unauthorized use of property: This includes the property's location, comparable rental value, type and duration of use.
  • Demolition: Removal of the structure; enforcement and law enforcement support in execution.

Note: The ownership and usage regimes for public property are different; acquisition through prescription or acquisitive prescription is generally not possible.

8) Criminal Law Aspect: Article 184 of the Turkish Penal Code and Related Risks

  • Article 184 of the Turkish Penal Code (Causing pollution through illegal construction): Criminal liability for those who construct/commission construction without a permit or in violation of a permit.
  • Breaking the Seal (Turkish Penal Code Article 203): Unauthorized continuation of a sealed construction project.
  • Obstruction of Duty (Turkish Penal Code Article 265): Preventing the execution of demolition/evacuation orders.
  • Administrative Fines: Calculation under Article 42 of Law No. 3194, procedures for recidivism and reductions.

Criminal and administrative processes parallel ; a unified defense is crucial.

9) The 6306 Perspective: Transformation Tools

a building or area as risky :

  • Processes based on majority ownership: eviction-demolition-reconstruction;
  • Rent and relocation assistance, reserve areas, project-based financing models;
  • Expediting administrative procedures and clarifying annotation and title deed processes. In areas with high concentrations of informal settlements, Law 6306 brings social policy and legal enforcement to the same table.

10) Strategy According to the Parties

A) From the Perspective of the Property Owner

  • Quick Detection: Land registry/cadastre, zoning status, satellite imagery.
  • Administrative Application + 3091: Prevention of infringement of possession; prevention of simultaneous encroachment - compensation for unlawful use of property.
  • Note on moderation: Plan the evacuation socially; offer peace and reconciliation proposals, allow a reasonable amount of time.
  • Execution Plan: Safety during demolition, waste/debris management, environmental measures.

B) From the Perspective of the Administration (Municipality)

  • Avoid procedural errors: Ensure that notification, defense, reasoned committee meeting, and proportionality are all recorded.
  • Social Assessment: Vulnerable households, coordination of alternative housing/rent assistance.
  • Immediate Risks: Disaster and life safety prioritization, phased demolition.

C) From the User/Occupier's Perspective

  • Gather documents: Family members, income status, child/disability reports, social connections.
  • Legal Application: Annulment of administrative act + Interim injunction; prevention of unfair interference in judicial proceedings.
  • Temporary Solutions: Rent assistance, social housing, compromise on urban transformation projects.

11) Application Scenarios (Brief)

  1. Single-story building in a riverbed: Safety concerns → immediate evacuation and demolition are legitimate; however, notification and a short postponement will be considered.
  2. Ten-year occupancy on treasury property: Prescription by acquisitive effect does not apply; Article 3091 + prevention of encroachment + compensation for unauthorized use.
  3. Adding an unauthorized floor: Partial demolition (illegal floor/overhang) will be carried out due to the principle of proportionality; the fine will be recalculated.
  4. In urban transformation areas, informal settlements (squatter settlements): Eviction and rental assistance through the 6306 process; requests for annulment of administrative procedures have limited success.
  5. Continuation after the seal is broken: The risk of punishment increases; the execution plan is accelerated.
  6. Housing on private property: Prohibition of demolition in favor of the owner; the user negotiates access to social policies.

12) Petition Drafts (Summary – Adapt)

A) Request for Annulment and Pre-trial Decision Against Demolition Order (Administrative Court)

Request: Cancellation of the demolition order and fine imposed pursuant to Article 32 of Law No. 3194 and the council's decision , YD . Reasoning Headings:

  1. Procedural deficiencies: Failure to serve notice, failure to obtain a defense statement, insufficient justification.
  2. Moderation: While partial demolition might resolve the anomaly, complete demolition is preferable; social impact.
  3. Technical Error: Material error in plan/project comparison; inconsistency in sketches.
  4. Irreparable harm: Loss of housing; impact on children/disabled/elderly; winter season.

B) Prevention of Encroachment – ​​Compensation for Unlawful Use – Demolition (Judicial Proceedings)

Demand: Injunction against interference, compensation for unauthorized use, removal of the structure.
Evidence: Title deed, cadastral records, expert report, comparable rental price research, satellite imagery.

C) Application No. 3091 (Civil Administration)

Request: Prevention of unlawful encroachment and delivery of the property.
Attachments: Title deed records, date of encroachment and photographs, official records.

Note: Adapt the title and requests according to the specific case (zoning plan, property, social report).

13) Common Mistakes and Practical Tips

  • Procedure is being bypassed: Demolition without a defense being heard → risk of cancellation.
  • The notification is incorrect: Irregular notification does not activate the deadlines; it increases the success rate of the court proceedings.
  • Insist on complete demolition: If partial demolition is possible, choose it out of moderation; it reduces costs.
  • The social dimension is being overlooked: Rent/relocation assistance and vulnerable household planning are considered plus points in judicial review.
  • Lack of evidence: Satellite/orthophoto, sketch, site survey, and expert team should have been assembled early.
  • The risk of punishment is being forgotten: The chain reaction of breaking the seal and Article 184 of the Turkish Penal Code.

14) FAQ – Frequently Asked Questions

Does connecting electricity/water to an informal settlement (shantytown) make it legally compliant?
No. Subscription ownership/zoning compliance .

I have been living here for 10 years, do I have vested rights? Prescription for acquisition does not apply to public property . Even in private property, zoning violations and owner's rights are evaluated separately.

Will the zoning amnesty solve everything?
Temporary regulations are limited; in most cases, demolition/eviction , nor do they grant ownership rights.

I received a demolition order; what should I do? Check the notification; file a lawsuit for annulment and a request for injunction within 60 days ; include social reports and alternative housing options in the file.

What should I do as the property owner?
administrative protection under Law No. 3091 + injunction, compensation for unlawful use, and demolition ; note the principles of proportionality and social planning.

15) Conclusion and Recommendations

Informal settlement disputes are not unipolar ; they should be managed as a complex system encompassing zoning law, property rights, administrative and criminal law, and social policy . A successful strategy is built upon procedural safeguards , proportionality , and the economy of evidence . The administration should implement phased and planned enforcement, considering societal impacts; property owners should strengthen their evidence files early on; and users should support their legal remedies (appeals/cancellation) with social data. The tools provided under Law No. 6306 and assistance with rent and relocation bring together "legal and social balance" on the same ground.

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