What types of buildings will benefit from the zoning amnesty?

1. What is the aim of the Construction Amnesty/Construction Peace Law?

The zoning amnesty is essentially a bilateral compromise :

• On one side, there are unlicensed, illegally constructed buildings, buildings that have not received occupancy permits, buildings that have been in actual use for years but are legally considered "problematic,"

• On the other hand, there are the administrations dealing with administrative problems related to these structures, such as demolition orders, fines, inability to connect electricity and water, and failure to convert them to condominium ownership

With this zoning amnesty, the state is saying:

"Register your building, which was constructed before a certain date and violates zoning regulations, pay a certain fee, and I will resolve a significant portion of my administrative disputes with you."

In this context, the zoning amnesty:

• bringing the structure completely into compliance with building regulations .

• It does not extend the right to build indefinitely and without limit,

• the building is earthquake-resistant .

It is simply a matter of documenting the current de facto situation within certain limits and softening some administrative sanctions .

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2. Common Characteristics of Buildings That Will Benefit from the Zoning Amnesty

can benefit from the zoning amnesty and a Building Registration Certificate are generally expected to meet the following basic criteria:

2.1. Having been constructed before a specific date

The law regarding the zoning amnesty stipulates that the structure in question before a certain date (in the regulation that came into force in 2018, this date was accepted as 31.12.2017).

What does this mean?

• The structure must have actually existed as of that date .

• Simply having a permit is not enough; a project that is still in the construction phase is generally not eligible for zoning amnesty.

• It is expected to be a structure that has at least reached the rough construction stage, with its main body emerging.

Even if this date is pushed forward in the new zoning amnesty discussions, the logic will not change: The focus will always "structures that actually existed before a specific date .

2.2. Being Unlicensed or In Violating a License

The main target of the zoning amnesty is not buildings that are already problem-free and fully compliant with permits. As a rule:

• Structures built without any permits,

• , although licensed, have been constructed in violation of the license and approved project,

• Buildings that have building permits but have not received occupancy permits,

This is the natural objective of the zoning amnesty.

Examples:

• A four-story apartment building erected without any construction permit

• The building, which was constructed as a 5-story structure despite being permitted to be a 4-story building,

• Houses where balconies were enclosed and converted into rooms, and illegal kitchens were added to the gardens,

• Sites and business centers that were built according to the project plans but are being used without occupancy permits..

The common point of these structures is their incompatibility with zoning regulations. Zoning amnesty, in essence, deals with administratively tolerating this "violation of regulations" in exchange for a certain fee

2.3. Appropriateness of the Ownership Relationship

The relationship between the landowner and the building owner is extremely important for structures that will benefit from the zoning amnesty

In general terms:

• the building on its own plot of land ,

• If each shareholder in a jointly owned plot can apply for their own share,

• If the property is located on treasury or municipal land, and if an application is possible, with certain exceptions

It is easier to assess under the scope of the zoning amnesty.

Against this:

• rents land belonging to a third party and builds a building on it without permission,

• Those who construct buildings on land without the consent of the landowner, acting as squatters,

In most cases, they cannot directly benefit from the zoning amnesty. The will and application of the landowner are the determining factors here.

2.4. Suitability in Terms of Location

The zoning amnesty is not applied uniformly across the country. In some specific areas – particularly those with strong historical and natural site status – the scope is narrowed or areas are completely excluded .

In summary:

• While zoning amnesty can be applied to structures in neighborhoods and villages that fall within the boundaries of the standard zoning plan,

• Issuing Building Registration Certificates is prohibited or severely restricted in areas such as the Bosphorus coastline, certain historical regions, and Treasury lands designated as social infrastructure areas in finalized plans

Therefore, when answering the question "Which buildings will benefit from the zoning amnesty?", "Where is this building located?" must also be asked.

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3. Types of Buildings That Can Benefit from the Construction Amnesty

Now, let's move beyond abstract concepts and look at building types frequently encountered in daily life. The following headings that are most often applied and frequently benefit from the zoning amnesty.

3.1. Unlicensed Residential Buildings and Apartments

In Turkey, the group that has received the most attention under the zoning amnesty is undoubtedly unlicensed residential buildings. Their main characteristics are:

• The building has no permit whatsoever

• It is entirely a matter of practical use

• Although the property is still registered as "land" in the land registry, a 3-4 story apartment building actually stands on it

• The independent units may have been bought and sold over the years without a condominium ownership deed (e.g., simple written agreements, direct sales, etc.).

In structures of this type:

• If the date of manufacture is before the relevant date,

• If it is not within a specially protected area,

• If it does not infringe the property rights of third parties,

It is possible to obtain a Building Registration Certificate under the zoning amnesty program . Subsequently, if the technical conditions are met, the path to transitioning to condominium ownership may also be opened.

3.2. Buildings with Unauthorized Floors and Extensions

The second type includes structures that, while licensed, discrepancies with the license and project plans . For example:

• The building, which was supposed to be 4 stories high according to the project, was actually built as a 5-story building

• Additional rooms and extensions encroaching on setback distances, conversion of a covered parking area into a shop,

• Completely enclosing balconies with PVC and converting them into rooms,

• The project involves converting the basement, which is designed as a storage area or shelter, into an apartment.

Such irregularities illegal constructions . However, if the structure was generally built before the specified date and the location/ownership criteria are met, this de facto situation can also be registered through the zoning amnesty.

3.3. Condominium Sites and Buildings That Have Not Received Occupancy Permits

Another situation that is frequently encountered in practice:

• A construction permit has been obtained

• The condominium ownership has been established, and the apartments have been sold

• However, these are housing complexes that have not received occupancy permits due to non-compliance with regulations, incomplete construction, parking facilities, fire escapes, etc.

The biggest problem for owners of such properties is that they are still registered in the land registry as "independent units in exchange for land share" and cannot transition to condominium ownership.

The zoning amnesty offers a "way out" for these types of buildings:

• By obtaining a Building Registration Certificate, the actual situation is recorded

• Conditions regarding common areas are met, and the consent of the owners is obtained

• In the final stage, a change of ownership can be made to establish condominium ownership.

Therefore, buildings that have been inhabited or used for years but are experiencing housing problems are also among the structures that will benefit from the zoning amnesty.

3.4. Informal Settlements and Structures with Title Deed Allocation Certificates

An important topic in zoning law informal settlements (shantytowns). Citizens who have lived in various informal settlement areas for years often:

• They live on land that has no title deed or whose title deed is unclear,

• They only land allocation certificates or some administrative documents issued by the municipality.

The zoning amnesty regulations have been drafted to include this sector as well. If the conditions are met:

• For informal settlements,

• For buildings with title deed allocation certificates,

Obtaining a Building Registration Certificate can then pave the way for a separate administrative/privatization process to legally complete the land ownership

3.5. Vineyard Houses and Hobby Garden Structures on Fields in the Village

A common scenario we see in rural areas, especially in villages that were recently incorporated into metropolitan areas, is this:

• The property registered in the land registry as "field" or "garden,"

• features a single-story or two-story country house, hobby house , or summer cottage-style structure.

• The building is unlicensed; in most cases, it was constructed before the municipal boundaries were expanded.

In such cases, if the ownership and location conditions are suitable, it may be possible to benefit from an amnesty for illegal constructions. Thus:

• These structures, which have been in active use for years, are registered.

• Access to services such as electricity, water, and roads is facilitated

• When the zoning plan is finalized in the future, property and building status will become stronger.

3.6. Prefabricated, Container and Similar Lightweight Structures

Especially in industrial areas and some rural areas:

• Prefabricated structures for warehouse, office or residential use ,

• Construction site containers are being converted into permanent housing areas

• Light steel frame structures,

They hold a significant share. Although all of these types of structures are built with the logic of "temporary construction," they eventually become permanent and create problems in terms of urban planning.

These structures also include:

• If it was built before the relevant date,

• Unless they have special restricted area status due to their location,

• If the property relationship is appropriate,

It can be evaluated within the scope of the zoning amnesty and a Building Registration Certificate can be obtained.

3.7. Solar Power Plants (SPPs) and Similar Energy Facilities

Another example frequently seen in recent years is solar power plants (SPPs) and similar energy facilities built on farmland. These facilities sometimes:

• Without a zoning plan,

• Before the licensing processes are fully completed,

• It can only be established based on connection agreements.

In this case, the energy facility also technically falls into the category of an unlicensed or illegally constructed building . Under the zoning amnesty, administrative risks can be reduced by obtaining a Building Registration Certificate for these facilities under certain conditions

3.8. Industrial Buildings, Warehouses and Commercial Premises

The zoning amnesty could cover not only residential buildings but industrial and commercial structures . For example:

• Unlicensed workshops in small industrial zones,

• Warehouse and logistics buildings,

• Business centers, arcades, and store blocks built without permits or occupancy certificates

• Shops that have been enlarged with illegal additions.

Amnesty for illegal constructions in these buildings:

• It reduces the risk of demolition and fines

• It puts electricity and water subscriptions on a legal footing,

• It makes it easier for businesses to conduct their transactions with banks and government institutions.

Of course, for each specific case, many other instruments will also come into play, such as environmental legislation, occupational health and safety, and fire regulations.

3.9. Structures on Treasury or Municipal Properties

Finally, land owned by the Treasury and municipalities also constitute a special category in terms of zoning amnesty. In general terms:

• The property is not allocated for public service ,

• It does not have a definitively designated status as a social infrastructure area

• The structure on it must have actually existed before the specified date,

In this case, obtaining a Building Registration Certificate for such structures and subsequently selling the land to the rightful owner may become an issue.

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4. Structures Excluded from the Scope of the Zoning Amnesty

To correctly identify structures eligible for the zoning amnesty, which areas are excluded . This is because, for certain regions and building types, the legislator has explicitly , "Zoning amnesty will not apply here .

4.1. Bosphorus, Historical Peninsula, Gallipoli Historical Area, etc.

Certain areas, specified in specific laws and considered critical to the country's cultural and natural heritage, are excluded from zoning amnesty regulations. For example:

• Certain sections of the Bosphorus coastline and scenic area,

• Certain historical areas of Istanbul,

• Special areas such as the Gallipoli Historical Area,

In most cases, it is not possible to issue a Building Registration Certificate. Amnesty for illegal constructions in these areas is much more limited, or often impossible, compared to other places.

4.2. Structures in Areas Designated as Definitive Social Facilities

In zoning plans:

• Designated as social infrastructure areas such as schools, hospitals, parks, green spaces, roads, mosques, and health facilities ,

• And on the properties that the Treasury or the municipality has definitively allocated for this purpose,

If illegal constructions are built later, these structures are generally not included in the scope of zoning amnesty. This is because not only zoning regulations but the continuity of public service is at stake.

4.3. Structures Built on Land Owned by Third Parties

Another limitation particularly emphasized in the regulations regarding the zoning amnesty is the following:

• On a plot of land or field that is privately owned by someone else,

• Structures built by tenants or squatters without the landowner's consent,

In this regard, the issuance of a Building Registration Certificate directly in favor of the squatter is not foreseen. Here, the primary rightful owner is the landowner. Therefore, in most cases, the application for the zoning amnesty should be made by the landowner in their capacity as owner.

This distinction leads to serious disputes in practice, particularly regarding informal settlements, rented plots, and structures built on agricultural land.

4.4. New Illegal Constructions Built After the Relevant Date

The time limit set in the zoning amnesty regulations actually , "You cannot use this amnesty for any illegal constructions built after this date ." Therefore:

• Built after the date stipulated by the regulation,

• New unlicensed or illegally constructed buildings,

As a rule, they cannot benefit from the zoning amnesty. This is a condition specifically put in place to provide deterrence for the future.

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5. Main Advantages Provided by the Building Registration Certificate

It is not enough for a building to be included in the scope of the zoning amnesty; what is truly important is what specific rights arise. The main effects of the Building Registration Certificate can be briefly summarized as follows:

1. Reduced Risk of Demolition and Fines:
   In buildings that have been issued a Building Registration Certificate, previously issued demolition orders and uncollectible administrative fines generally become null and void. This significantly reduces the property owner's long-standing anxiety about whether their building will be demolished.

2. Access to Infrastructure Services such as Electricity, Water, and Natural Gas:
   Many illegally constructed buildings face the risk of legal action or penalties due to the inability to obtain subscriptions or illegal use of these services. A Building Registration Certificate paves the way for these buildings officially subscribe to .

3. The biggest problem in apartment buildings with land deeds is that the title deeds do not reflect the actual situation. Thanks to the zoning amnesty and the Building Registration Certificate, in buildings that meet the conditions:
   

   • The type of property in the title deed can be changed from "land" to "building"

   • By establishing a condominium ownership structure, each independent unit can receive a separate title deed.

4. Completion of Ownership on Treasury Real Estate:
   For structures built on treasury or municipal real estate, in practice, the property is often sold to the rightful owner at its market value . This consolidates ownership of both the land and the building, strengthening the chain of ownership.

5. Ease of Banking and Commercial Transactions,
   Especially in commercial and industrial buildings, with the Building Registration Certificate and subsequent establishment of condominium ownership:

   • Using a bank loan,

   • Establishing a hostage situation,

   • Performing company valuation,

It provides a significant advantage in processes such as these.

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6. Frequently Asked Questions in Practice: Concrete Examples

Let's examine a few examples of topics that citizens and clients are most curious about, using a question-and-answer format.

6.1. “I enclosed my balcony and converted it into a room; can I benefit from the zoning amnesty?”

If:

• The building was constructed before the relevant date

• The balcony enclosure process was also carried out before this date

• If the building is not located in a restricted area,

Such project violations can generally be assessed under an amnesty for illegal constructions. When applying for a Building Registration Certificate, the declared area must be reported accurately and honestly.

6.2. “I have an apartment in a building with a land deed, but the deed still shows it as land.”

Apartments with land deeds are among the most typical cases covered by the zoning amnesty. If the conditions are met:

• First, a Building Registration Certificate is obtained for the building

• Then the necessary steps are taken for changing the type of property and establishing condominium ownership in the land registry

• Ultimately, a separate title deed can be obtained for each independent unit.

In this process, the approval of all owners, technical reports, maps, and zoning documents are important; the Building Registration Certificate alone is the starting point for the transition to condominium ownership.

6.3. “I Have a Small House on the Field, I Built It in the Village”

Here are the things to consider:

• Who owns the field? Is the owner of the house and the land the same person?

• Was the house actually built before the date stipulated in the zoning amnesty?

• Is the property located within a restricted private area (e.g., a designated social facility, etc.)?

If the answers to most of these questions are affirmative, then an amnesty for illegal construction may be possible for houses built on agricultural land in the village. However, in each specific case, the land registry records, cadastral status, and planning notes must be carefully examined.

6.4. “I set up a workshop on the land I rented; can I benefit from it?”

The general rule is as follows:

• Without the landowner's consent or by submitting the application jointly with the landowner,

• For unlicensed structures built solely by tenants, a unilateral application for zoning amnesty is often not possible.

Here, the primary rights holder is the landowner. Therefore, in most cases, a tenant who has established a workshop to act in conjunction with the landowner .

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7. Practical Checklist for Your Own Project

Clients often ask, “Mr./Ms. Lawyer, will my building be eligible for the zoning amnesty?” You can use the following checklist :

1. Date of Production

   • Was the building constructed before the date specified in the relevant regulation ?

   • Was at least the basic construction finished by that date?

2. License Status

   • No license was obtained at all?

   • The permit has been obtained, but are there any discrepancies with the project?

   • Has the occupancy permit not been obtained?

3. Property Relations

   • Is the building on land that you own?

   • If it's jointly owned, is it proportionate to your share?

   • If you rented land belonging to someone else and built a building on it, is the landowner involved in this process?

4. Location and Plan Status

   • Is your area a specially protected zone, such as the Bosphorus coastline, the historical peninsula, or the Gallipoli Historical Area?

   • Does your property overlap with a plot of land designated as a public amenity area?

5. Type of Structure and Usage

   • Is it a house, workplace, industrial building, warehouse, solar power plant, prefabricated structure, etc.?

   • What is the actual use of the property (residential, office, warehouse, factory)?

The answers to the questions under these five headings largely reveal the likelihood of the structure benefiting from the zoning amnesty. Of course, each file requires a separate examination of the plan notes, land registry records, and opinions from the municipality and the ministry.

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8. Conclusion: The Right Strategy for Structures Benefiting from the Construction Amnesty

In conclusion, structures that will benefit from the zoning amnesty can be broadly grouped into the following categories:

• Unlicensed houses and apartments built before the specified date,

• Buildings that have permits but contain discrepancies with the project (extra floors, enclosed balconies, extensions, etc.),

• Housing estates and business centers that have not received occupancy permits,

• Shantytowns and structures with title deeds,

• In the village, there are farmhouses on the land, hobby garden houses,

• Prefabricated structures, container-based permanent units,

• Solar power plants and similar energy facilities,

• Industrial buildings, workshops, warehouses, commercial buildings,

• Structures located on treasury or municipal property, and not specifically designated as social amenities.

Against this:

• Structures in some areas with special protection status,

• Illegal structures in designated social infrastructure areas,

• Structures built on land belonging to a third party without the owner's consent,

• New illegal structures built after the relevant date,

As a rule, it is excluded from the zoning amnesty .

the zoning amnesty does not eliminate earthquake riskor make structures technically safe . A Building Registration Certificate merely means "I accept this de facto situation under certain conditions" in an administrative sense; static risk, soil problems, and the need for urban transformation remain unchanged.

With regard to your own building or your client's property:

• Land registry records,

• Zoning status,

• Current projects and actual usage,

• Whether it is a protected area

They should be examined together; then, a specific zoning amnesty strategy should be determined for each concrete case.