Structures that Contrary to Permits and Their Attachments in Zoning Law

Zoning law is a branch of law that aims to regulate urbanization processes, ensuring that buildings are constructed in a healthy, safe, and environmentally friendly manner. In this context, the licensed construction process ensures the planned development of cities and contributes to the preservation of social order. However, in some cases, building owners may construct buildings without permits or in violation of permits and their annexes during the construction process. The legal problems arising from such structures constitute one of the fundamental issues of zoning law.

1. What is an Unlicensed Building?

An unlicensed building is a structure started by the owner without obtaining the necessary construction permit from the municipality or relevant administrative authority. According to Article 21 of the Zoning Law, obtaining a building permit is mandatory for constructing any building or making significant alterations to an existing one. This permit verifies whether the building complies with zoning plans, regional building regulations, and technical standards.

Unlicensed structures are considered illegal and are subject to various legal and administrative sanctions. If an unlicensed structure is identified, the authorities may issue a construction stop order or demolition order to the owner. Furthermore, unlicensed structures may also have penal consequences under criminal law; therefore, owners may face both administrative and criminal sanctions.

2. What constitutes a structure that violates the permit and its annexes?

A licensed building is constructed according to a specific project and its accompanying annexes. However, sometimes during the construction process, the building owner or contractor may complete the building in a manner contrary to the project specified in the license and its annexes. This situation is referred to as "construction contrary to the license and its annexes".

Violations of building permits and their annexes can manifest in a wide range of areas, from the physical characteristics of buildings to their height, number of floors, intended use, or choice of materials. If the building is not constructed according to the project outlined in the permit, the owner is required to bring the building into compliance. Otherwise, the municipality and relevant administrative authorities may resort to sanctions such as building stoppage, fines, and demolition.

3. Legal Sanctions

3.1. Administrative Sanctions:
The first step regarding unlicensed or illegally constructed buildings begins with the municipality or relevant authority identifying the situation. Following this identification, the following sanctions come into effect:

– Construction Stop Order: If it is determined that a building has been constructed without a permit or in violation of regulations, the construction will be immediately stopped by the authorities. The owner cannot continue construction activities until the building is brought into compliance with the project.

– Demolition Order: If a building is not brought into compliance with the permit or if a structure is built in violation of the project requirements, the authorities may issue a demolition order. Demolition orders are an effective method to prevent construction that violates zoning plans. This decision applies to both unlicensed buildings and buildings that violate the permit and its annexes.

– Fines: Administrative fines may be imposed on the building owner or contractor for structures built without a permit or in violation of a permit. Fines vary depending on the size of the structure and the degree of the violation.

3.2. Criminal Sanctions:
According to Article 42 of the Zoning Law, imprisonment is also stipulated for individuals who construct buildings without a permit or in violation of a permit. According to criminal law, building owners who act contrary to zoning regulations may be held criminally liable for disrupting public order.

4. Building Registration Certificate and Zoning Amnesty

The Zoning Amnesty, which came into effect in 2018, aimed to register some unlicensed and illegally constructed buildings and grant them legal status. Under the Zoning Amnesty, building owners were able to obtain a "Building Registration Certificate," thus legalizing their unlicensed or illegally constructed buildings. However, the Zoning Amnesty was only valid for a specific period, and this opportunity was not offered for unlicensed buildings constructed after 2018.

5. Legal Consequences of Unlicensed Construction

The legal consequences of unlicensed constructions can be serious enough to restrict the property owner's rights. Buildings that violate zoning laws may result in legal action, including annotations on the title deed, demolition orders, or restrictions on the owner's right to dispose of the property. Furthermore, significant problems arise in the buying and selling process of such properties; selling or mortgaging unlicensed buildings is often impossible.

6. Demolition of Unlicensed Buildings and Urban Transformation

In recent years, with the acceleration of urban transformation projects in Türkiye, the identification and demolition of unlicensed buildings and the construction of safer, more planned structures in their place has become a prominent issue. Urban transformation processes are generally carried out in areas with high risk and unlicensed construction, and certain rights are granted to owners of unlicensed buildings within the scope of these projects.

7. Conclusion

Unlicensed or illegally constructed buildings are one of the most significant problems in zoning law. To protect both individual property owners and the public interest, these structures are subject to strict inspections and legal sanctions. It is essential for property owners to follow licensed and legally compliant construction processes to avoid both financial and legal risks. While measures like the Zoning Amnesty have offered temporary solutions, more planned and stricter inspection mechanisms are needed in the future to prevent the construction of unlicensed buildings.

This article aims to provide a general overview of unlicensed and illegal constructions within the framework of zoning law, explaining the fundamental legal principles that individuals and building owners should be aware of.