WHAT IS REGULATORY PARTNERSHIP CONTRIBUTION (RPC) AND HOW IS IT CALCULATED?

1. Introduction: The Legal Framework of the DOP Concept

For urbanization to develop in a planned, healthy, and balanced manner, zoning plans must consider not only the property rights of individuals but also the common needs of society. In this respect, the Development Partnership Share (DOP)is one of the most important legal tools that ensures a balance between private property and public interest.

DOP refers to the share taken from privately owned properties free of charge during urban planning applications and allocated to public services . In short, it is a legal regulatory mechanism that contributes to the creation of public spaces such as roads, parks, green areas, schools, and places of worship in order to implement urban development plans .

While this practice constitutes an interference with property rights, it is limited by law and serves the public interest. Therefore, the Development Contribution Fee (DOP) is not an arbitrary deduction, but a public order action based on the limitation of property rights guaranteed by Article 35 of the Constitution

2. Legal Basis of the Development Plan

The fundamental basis of the Development Plan is Article 18 of the Zoning Law No. 3194.According to this article:

“Building or unbuildingd plots and lands located within the development boundaries can be regulated by preparing a parceling plan in accordance with the development plan. During this regulation process, the amount collected as a development partnership share is allocated to public services in the regulated area.”

The "Regulation on Land and Plot Arrangements," issued in parallel, regulates the definition of Development Participation Fee (DOP), its ratio limits, calculation methods, and implementation principles in detail.

Furthermore, the amendments made by Law No. 7181 the upper limit of the Development Contribution Rate (DOP) was increased from 40% to 45%. This change aims to meet the increasing need for public service areas due to urbanization.

3. Purpose and Legal Nature of the Development Plan

3.1 The Purpose of DOP

The primary objective of the Development Plan the public spaces necessary for the implementation of development plans are created through the collective contribution of property owners.

When urban development plans are prepared, the needs for traffic, parking, parks, schools, and places of worship that will arise from construction in each area are determined in advance. These areas are generally met from a portion of privately owned properties. Instead of purchasing or expropriating these areas, the state or municipality acquires them free of charge during the urban development process.

3.2 Legal Nature

DOP (Development Plan) is not expropriation. In expropriation, compensation is paid; DOP, on the other hand, is a gratuitous transfer of ownership. However, the consideration for this transfer is that the property gains development rights and its value increases after the regulation.

Therefore, the Development Plan (DOP) "expropriation without compensation , "a balancing act in exchange for the development rights gained as a result of the regulation .

In this respect, the DOP (Development Plan) is considered an administrative act based on public authority , and its annulment can be sought through administrative courts .

4. Conditions for Implementing the Development Plan (DOP)

Certain conditions must be met in order to obtain a Development Contribution Fee (DOP) for a property:

Being in a Regulated Area: Development Plan
(DOP) can only be applied in regulated areas within the scope of the zoning plan. It cannot be applied in areas outside the plan or in unplanned village settlements.
Subdivision Process: The Development Participation
Fee (DOP) is collected during the preparation of the subdivision plan, which is the implementation phase of the zoning plan .
Principle of Equality: Development Contribution Fee (DOP) must be deducted equally from all properties within the development area . The administration cannot deduct more from one property and less from another.
Only One Permit: Multiple Development Contribution Fees (DOP) cannot be obtained from the same property within the same development area. However, if the property is re-included in a different development area, DOP can be obtained up to the remaining amount

5. Areas Included in the Development Plan

For the Development Plan to be implemented, there must be public service areas designated in the zoning plan . These areas are as follows:

Road, square, park, green area
Parking lot, playground
Place of worship, school, police station
Health center, market place, sports field
Technical infrastructure facilities (water reservoir, power plant, etc.)

However, plots designated for residential, commercial, or private use cannot be included in the Development Plan (DOP) calculation.

6. DOP Rate and Limits

6.1 Upper Limit (45% Rule)

The Development Contribution Rate (DOP) can under no circumstances exceed 45% of the property's surface area.
This rate is not something the administration can arbitrarily increase; it is determined by law.

For example, if a plot of land has an area of 1,000 m², a maximum of 450 m² can be taken as Development Plan (DOP). The remaining 550 m² is allocated to the property owner as a development plot.

6.2 Application of Development Plan Equally to All Plots

Development Contribution Fee (DOP) is collected from each plot in proportion to its surface area. The administration cannot exempt certain plots. Otherwise, the development process will be canceled due to a violation of the principle of equality

6.3 Status of Publicly Owned Plots

No land development contribution (DOP) deduction is made from parcels owned by the municipality or the Treasury. However, if these parcels as public service areas , they are deducted from the total DOP area.

7. How is DOP Calculated?

The Development Contribution Rate (DOP) is the ratio of the total area allocated to public services within the development area to the total area of all parcels within the development area.

7.1 Formula:

Development Area Ratio (DOPO) = Public Service Area (PSA) / Regulated Area (DA)

The share to be deducted for each plot is calculated as follows:

Parcel Development Plan Amount = Parcel Area × Development Plan

7.2 Example Calculation

Total area of the development site: 100,000 m²
Public service areas (roads, parks, schools, places of worship): 35,000 m²
DOP ratio = 35,000 / 100,000 = 0.35 (35%)

For a 1,000 m² property, the Development Contribution Fee (DOP) is calculated as:
1,000 × 0.35 = 350 m².
The area remaining for the property owner is: 650 m².

In this example, the DOP ratio is 35%, which is below the legal upper limit of 45%.

8. The Difference Between Development Plan and Expropriation

Expropriation is the acquisition of private property by the state for public benefit in exchange for compensation. Development Participation Fee (DOP), on the other hand, is acquired without compensation . However, in return for the DOP, the property owner receives a plot of land with increased value and development rights .

Therefore, the Development Plan (DOP) imposes a "sacrifice" on property rights; however, the resulting planned increase in value balances this out.

The Supreme Court and the Council of State rulings have clearly emphasized that the Development Plan (DOP) is not "expropriation without compensation," but rather a value balancing process resulting from planning .

9. Precedent Court Decisions in the Application of the Development Plan

The 6th Chamber of the Council of State, in its decision numbered 2017/4325 E. – 2019/2289 K., ruled that the regulation should be annulled if the Development Contribution Rate (DOP) is not calculated in accordance with the principle of equality.
The Council of State's Administrative Litigation Chambers Boardhas stated that the Development Contribution Fee (DOP) can only be collected from parcels within the development area, and no deductions can be made from parcels outside the development area.
The 1st Civil Chamber of the Supreme Court of Appealsemphasized that while the Development Plan (DOP) constitutes an interference with property rights, this interference could be considered lawful within the framework of public interest and proportionality principles.

10. Points to Consider in DOP Calculation in Practice

Ratio Determination Must Be Transparent:
When determining the Development Plan Ratio (DOP), public service areas should be identified in detail and clearly indicated in the planning file.
No Second Development Contribution Fee Can Be Obtained:
A second Development Contribution Fee cannot be obtained from a parcel that has already undergone regulation; only a supplementary Deduction Fee equal to the missing amount can be obtained.
Publicly Owned Areas Must Be Considered:
Incorrectly including publicly owned areas in the calculation will lead to an inaccurate ratio.
Determining the Development Plan (DOP) should be supported by a technical report:
Calculations should be supported by the technical work of surveying engineers and urban planners.

11. Distinction Between DOP and KOP

The new regulations include the concept of Public Partnership Share (KOP) alongside the Development Plan (DOP ). KOP refers to areas allocated for municipal service areas (e.g., municipal service buildings, cultural centers, police stations, etc.).

The difference is as follows:

DOP: Stands for public (common) areas.
KOP: Covers the specific service areas of municipalities or public institutions.

Both applications can be carried out within the same regulatory area; however, the total percentage cannot exceed the 45% limit.

12. Effects of DOP on Property Law

Since the Development Plan (DOP) is an administrative act that restricts property rights, Article 35 of the Constitution and Protocol No. 1 to the European Convention on Human Rights .

For the DOP to be considered legitimate, the following three conditions must be met simultaneously:

Legal basis: Article 18 of the Zoning Law No. 3194
Public interest: Planned urbanization and meeting common needs.
Proportionality: The reduction should be balanced by the increase in the value of the property.

If any of these three elements are missing, the transaction becomes unlawful and may be subject to an annulment lawsuit.

13. Judicial Review and Annulment Cases of the Development Plan

If a property owner finds the Development Contribution Rate (DOP) to be excessive or claims that the practice violates the principle of equality, an administrative lawsuit for annulment .

These cases typically involve the following claims:

The DOP ratio was calculated incorrectly
Public service areas have been incorrectly defined
A new deduction has been made from the parcel that was previously subject to Development Plan Deduction
The DOP ratio has exceeded 45%
The principle of equality has been violated.

Administrative Courts evaluate these claims based on technical expert reports. In practice, incorrect ratio calculations or the inclusion of publicly owned parcels are the most frequent grounds for annulment.

14. Conclusion and Evaluation

Development Partnership Share (DOP) is one of the most critical concepts at the intersection of modern urban planning and property law. When applied correctly, it both serves the public interest and increases property value by granting development rights to property owners

However, errors in implementation, arbitrary rate determinations, or violations of the principle of equality can render Development Participation Fee (DOP) transactions unlawful . Therefore, administrations must strictly adhere to the principles of transparency, proportionality, and balance when determining the DOP rate

From the perspective of property owners, the Development Plan Implementation System (DOP) should not be seen as a "loss," but rather part of planned urbanization and an increase in property values .

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