What Is Zoning Amnesty?

The question "What is zoning amnesty?" holds significant importance in the context of urbanization. According to experts at Yükselen Mimari, zoning amnesty refers to a regulation that legalizes unlicensed or non-compliant structures. Since 1948, Turkey has enacted zoning amnesty 22 times, each playing a critical role in the urban development process. The comprehensive Zoning Peace regulation of 2018 issued over 3 million Building Registration Certificates and generated more than 26 billion TL in revenue.

Reasons Behind the Introduction of Zoning Amnesty

Zoning amnesty comes into focus due to reasons like rapid urbanization, unplanned construction, resolving legal ambiguities, and generating additional state revenue. Sometimes, social and political motivations also influence these decisions. However, such regulations only provide legal status to structures; they do not confirm the structural safety of buildings.

The Critical Distinction Between Zoning Amnesty and Building Safety

While zoning amnesty grants access to essential services such as electricity, water, and natural gas, it does not guarantee a building's safety. Therefore, legalizing unlicensed structures could increase the stock of buildings at risk during natural disasters.

Differences Between Zoning Peace and Zoning Amnesty

The Zoning Peace regulation implemented in 2018 differs from traditional zoning amnesty laws. Various properties among our projects received Building Registration Certificates during this period. Zoning Peace allowed legal documentation to be issued for all buildings, regardless of whether they were on public or private land.

Is a New Zoning Amnesty Coming in 2025?

Information regarding the 2025 Land Registry Fee indicates signs of a new zoning amnesty. The proposed regulation may include buildings constructed up to December 31, 2017, and even up to December 31, 2022.

Who Is Eligible for Zoning Amnesty?

Property owners with unlicensed buildings, those with structures that violate zoning plans, and buildings outside urban transformation areas may benefit from the amnesty. However, buildings located in historical preservation zones, forests, or protected regions are excluded from the scope.

Key Turning Point: The Building Registration Certificate

The Building Registration Certificate is the legal document that legitimizes unlicensed or non-compliant buildings. With this certificate, properties can connect to utilities like electricity, water, and gas; establish a condominium title; and obtain a business license. Applications are made through the e-Government portal by submitting necessary details like address, parcel number, and square footage.

Property Value: Payment Terms and Discounts

The cost of obtaining the Building Registration Certificate is calculated based on the property's market value and construction cost. A 3% fee applies for residential buildings and 5% for commercial ones. Truthful disclosure of information is mandatory; otherwise, the certificate can be revoked.

Individual Impact of Zoning Amnesty

While zoning amnesty grants property rights to individuals, it also causes a sense of injustice in society. It eliminates the distinction between those who follow regulations and those who do not.

Rising Urbanization and Earthquake Risk

By encouraging unplanned development, zoning amnesty increases earthquake risk. Many of the buildings damaged during the Izmir Earthquake were found to be covered under previous amnesty programs.

Environmental Damage and Loss of Natural Spaces

Natural areas such as agricultural lands, forests, and water basins are negatively affected by these regulations, leading to environmental degradation.

Weakening of Construction Regulations

Amnesty practices undermine construction standards, posing risks to future generations by creating an unsafe development environment.

Expert Opinion: Urgent Measures Against Disaster Risk

The February 6, 2023 earthquakes have vividly demonstrated the catastrophic outcomes of zoning amnesty. Experts unanimously argue that such policies should never be implemented again.

Resilient Cities, Planned Future

Building safe and well-planned cities for future generations can only be achieved by steering clear of zoning amnesties. Urban planning, technical supervision, and risk-reducing policies must be the pillars of sustainable development.