PLANNED AREAS TYPE IMPROVEMENT REGULATION Ministry of Public Works and Settlement: Published in the Official Gazette Date: 02/11/1985 Published in the Official Gazette No: 18916 (Repeated) The provisions of the Regulation shall be applied unless otherwise stated in the zoning plans. PART ONE: General Provisions Article 1 – (Amended Article: 19/08/2008- 26972 S.R.G Direction/2.art.) This Regulation, which has been prepared based on the provisions of the Zoning Law dated 3/5/1985 and numbered 3194, shall be applied in areas where there is a zoning plan within or outside the boundaries of the municipality and adjacent areas. Article 2 – (Amended Article: 01/06/2013 – 28664 S.R.G. Yön./1. Art.) Implementations related to project preparation, building licence and land arrangement shall be carried out according to the definitions in this Regulation and other zoning regulations issued by the Ministry. The general provisions, definitions and licence provisions in these Regulations cannot be changed by plans and regulations to be issued by the relevant administrations. The other provisions of this Regulation and the zoning regulations to be issued by the relevant administrations according to the Law and other legislation shall be applied unless otherwise stated in the implementation zoning plan. However, in the transformation and improvement applications to be carried out in the areas authorised and determined by the Council of Ministers within the scope of Article 73 of the Municipal Law No. 5393 dated 3/7/2005, the Law No. 6306 dated 16/5/2012 on the Transformation of Areas Under Disaster Risk and the Decree Law No. 644 dated 29/6/2011 on the Organisation and Duties of the Ministry of Environment and Urbanisation, the improvement, renovation and transformation applications to be carried out within the scope of the Decree Law No. 644 dated 29/6/2011 on the Organisation and Duties of the Ministry of Environment and Urbanisation and the investments whose zoning plans are approved by the Ministry; In the investments, tourism investments, financial centres and other special project areas, public investments under the authority of the central administration and constructions requiring special construction, the zoning plans shall be complied with first, and in cases where there is no provision in the zoning plans, the provisions of this Regulation shall be complied with. In the implementation zoning plans, the parceling situations and building masses shall not be considered as records of the zoning plans, unless they are shown schematically, unless their dimensions are given by being studied especially for this purpose. Article 3- The relevant administration is authorised (Amended phrase: 01/06/2013 – 28664 S.R.G. Yön./2. Art.) to appreciate the form to be applied according to the necessity and need and the character of the neighbourhood in matters not explained in the zoning plans and not included in this Regulation. (Amended phrase: 01/06/2013 – 28664 S.R.G. Yön./2. Art.) The relevant administration is obliged to comply with and implement the provisions introduced in the legislation and standards regarding the disabled. In addition, the municipality is authorised and responsible for taking necessary measures for disabled people in matters not included in the legislation and standards by taking into consideration the local conditions. Article 4 – (Amended Article: 13/07/2000 – 24108 numbered R.G. Direction/2. Art.) In all buildings to be constructed according to the principles of this Regulation, it is obligatory to comply with the provisions of the plan, science, health and environmental conditions and other relevant laws, by-laws and regulations and the standards determined by the Turkish Standards Institute. Article 5 – (Amended Article: 01/06/2013 – 28664 S.R.G. Directive/3rd Article)
In the building licences to be issued; Regulation on the Protection of Buildings from Fire put into force by the Council of Ministers Decision dated 27/11/2007 and numbered 2007/12937, Regulation on Energy Performance in Buildings published in the Official Gazette dated 5/12/2008 and numbered 27075, Regulation on Construction Materials published in the Official Gazette dated 8/9/2002 and numbered 24870, The provisions of the Regulation on Criteria to be Subjected to Building Materials published in the Official Gazette dated 26/6/2009 and numbered 27270, the Regulation on Buildings to be Built in Earthquake Zones published in the Official Gazette dated 6/3/2007 and numbered 26454, and the Regulation on Buildings to be Built in Disaster Zones published in the Official Gazette dated 14/7/2007 and numbered 26582 shall be complied with. Article 6 – (Amended Article: 01/06/2013 – 28664 S.R.G. Directive/4. Art.) Relevant administrations are obliged to comply with the Law, the provisions of this Regulation and the relevant standards of the Turkish Standards Institute in project design and licence procedures. The metropolitan municipalities in metropolitan areas and the relevant administrations in other areas may prepare a zoning regulation on the implementation of the plans covering the matters specified in Article 21 of the Law and the matters they deem necessary in terms of their areas of responsibility, provided that they do not contradict the general provisions of this Regulation, the provisions on definitions and licences and that the conditions of the town are observed. Article 7- (Amendment: 01/06/2013 – 28664 S.R.G. Yön./5. Art.) The implementations regarding the projects to be prepared and approved for the structures that are confidential in terms of the security and safety of the state and operation and defence shall be made primarily according to the provisions of the protocol signed within the scope of Article 4 of the Law. There is no obligation to adhere to the measures and provisions specified in the Third Section of this Regulation. In addition, only those of the public buildings which are in separate order and the buildings and facilities in industrial zones (Additional phrase: 01/06/2013 – 28664 S.R.G. Directive / 5. Art.) are not subject to the records of this Regulation on the depth and height of the building and the internal dimensions other than those included in the regulation for such buildings. However, in order to facilitate the life of disabled people, it is obligatory to comply with the standards of the Turkish Standards Institute related to disabled people. In case of any doubt in the application of this article (Repealed phrase: 01/06/2013 – 28664 S.R.G. Yön./5. Art.)(…)(…), action shall be taken in accordance with the opinion to be taken from the Ministry (Amended phrase: 01/06/2013 – 28664 S.R.G. Yön./5. Art.). Article 8 – (Amended Article: 13/07/2000 – 24108 S.R.G. Direction/5. Art.) In a building, the construction of the building cannot be continued unless the contradictions in the plan (Amended Article: 01/06/2013 – 28664 S.R.G. Direction/1. Art.) and legislation provisions and the licence and annexed projects are eliminated in any of the independent sections, and repair, modification or additional construction operations cannot be carried out in other independent sections that are occupied. If there is more than one building on a parcel, the fact that any of these structures is contrary to the provisions of the plan (Amended phrase: 01/06/2013 – 28664 S.R.G. Directive / 1. Art.) and legislation does not stop the repair, modification or additional construction of other structures that do not contradict them. (Additional paragraph: 01/06/2013 – 28664 S.R.G. Directive / 6. Art.) Provided that all buildings are licensed, the fact that any of the buildings in the parcel is contrary to the licence and its annexes does not stop the procedures for granting occupancy permit to all or part of the other buildings that comply with the licence and its annexes. However, condominium ownership cannot be issued to these buildings for which occupancy permit has been obtained. Article 9- (Amendment: 01/06/2013 – 28664 S.R.G. Directive./7. Art.) The relevant administrations shall construct or have constructed the places such as roads, car parks, parks, pedestrian zones, sidewalks under their disposal and the facilities such as kiosks, toilets, substations, transportation and communication points, signalling and lighting elements, urban furniture such as garbage bins, benches, advertising and information signs and boards and landscape elements necessary for the execution of public services on these places, provided that they comply with the standards of the Turkish Standards Institute.
During the construction, use, maintenance and repair of these and all kinds of infrastructure, it is obligatory to ensure that pedestrian circulation is not obstructed, (Additional phrase: 01/06/2013 – 28664 S.R.G. Direction./7. Art.) access, life and property safety of the disabled. (Additional paragraph: 01/06/2013 – 28664 S.R.G. Direction./7. Art.) In addition, base stations can be installed in public service areas such as public facility areas, shopping centres and public service areas such as roads, car parks, pedestrian zones under the disposal of the relevant administrations without a zoning plan decision by taking the necessary measures for the execution of public service and the continuation of communication and the approval of the Information and Communication Technologies and Communication Authority. However, in order to install base stations, it is obligatory that the site selection certificate is issued, the necessary and sufficient protection distance is left horizontally and vertically, protective measures are taken, and the design is compatible with urban aesthetics. Implementations shall be carried out under the responsibility of the Information and Communication Technologies Authority. Article 10 – (Amendment: 01/06/2013 – 28664 S.R.G. Directive / 8. Art.) The relevant Administration is authorised to impose rules on the aesthetics, colour, roof and facade cladding of the buildings in the places it deems appropriate by taking a council decision, and to impose obligations regarding the use of local materials and taking into account the local architecture in the construction of the buildings. For this purpose, the relevant administrations may establish architectural aesthetic commissions consisting of experts with the participation of the relevant public institutions. Project preparation and licence issuance procedures for buildings within this scope shall be carried out in accordance with the decision of the commission. Architectural aesthetic commissions also decide whether architectural works and projects express original ideas. In the event that the changes of the architectural works and projects, which are decided by this commission that they do not express original ideas, are prepared by a different author other than the first author, the administrations do not seek the opinion of the first author, with all responsibility being on those who have the project of change and those who prepare the project. However, these rules shall not prevent accessibility for disabled persons. Article 11 – (Amended Article: 01/06/2013 – 28664 S.R.G. Directive / 9. Art.) Except for those belonging to the relevant administrative assembly or council, the discretionary powers and responsibilities left to the relevant administration in this Regulation belong to the top supervisor of the relevant administration or the authority delegated by this supervisor. Article 12 – (Amended Article: 01/06/2013 – 28664 S.R.G. Yön./10. Art.) The buildings, the construction of which is not started within 2 years or not completed within the 5-year licence period and not renewed within the licence period, are considered as unlicensed buildings. In the applications made within the licence period, regardless of the date of renewal of the licence by the relevant administrations, the licence is renewed by extending for five years within the scope of the provisions of the plan and legislation at the date of the first licence. For the buildings for which no application for extension of time has been made, the administrations shall make a level determination at the site of the building within 30 days at the latest as of the expiry date of the licence. It is obligatory to obtain a new licence in order to continue the construction of those whose licence has become invalid. For the structures whose licence has become null and void due to the fact that the occupancy permit has not been issued within the licence period although they have been completed in accordance with the licence and its annexes, a certificate of occupancy permit shall be issued without issuing a new licence, provided that an audit report is prepared by the supervising architects and engineers or building supervision institutions and an inspection and determination is made by the relevant administration in the file and on site. The buildings remaining in the area where the zoning plan has been amended without a special provision regarding the existing buildings are also subject to this provision by taking into account the provisions of the plan at the date of the first licence. For the buildings remaining on the road or in the technical infrastructure areas with the amendment of the implementation zoning plan and the expropriation decision is taken, the construction is immediately stopped by making a level determination. Building licence and occupancy permit procedures related to these buildings shall be finalised within thirty days at the latest in accordance with the opinion to be given by the public institution that will carry out the expropriation according to the current plan and the justification for expropriation. For the buildings remaining in other areas subject to expropriation with the amendment made, a level determination shall be made immediately by the relevant administration and notified to the relevant person. Until the expropriation decision is taken, they are allowed to be completed according to the projects attached to the licence; renewal of the licence or issuance of partial occupancy permit or certificate of occupancy permit for these buildings shall not stop the expropriation procedures. However No expropriation fee shall be paid for the parts above the level determination during expropriation. Floor easement and condominium ownership cannot be established for these structures. The provisions of this paragraph shall also apply to the buildings whose licences have become invalid due to time. Due to the amendment of the implementation zoning plan; the structures that have become contrary to the decisions of the plan such as the status of the parcel, the location of the building on the parcel, the number of floors, building approach distances, KAKS, TAKS or usage decision shall be completed according to the projects attached to the licence. In order to continue the construction of these structures whose licence has become invalid due to the period of time specified in Article 29 of the Law, it is obligatory to obtain a new licence according to the conditions of the first licence. In case there is a special provision related to the existing buildings in the implementation zoning plan, the implementations shall be made according to the provisions of the plan. However, in the event that land and land arrangement is made in this area in accordance with Article 18 of the Law and the parcel where the building is located becomes shared, a level determination is made by the relevant administration. The cost of the building shall be determined according to this determination, and the issuance of building licence and occupancy permit shall not constitute a vested right in the determination of the cost of the building. Those who apply for a building licence or occupancy permit must take this provision into consideration. After the first licence is issued, the five-year period starts over again with each licence transaction, regardless of the purpose. In the buildings stopped by the courts, the Ministry or the relevant administrations after the building licence is obtained, the suspension period shall be added to the licence period. In the buildings mentioned in this article, it is obligatory to take the measures required by the relevant legislation regarding fire, earthquake, heat and water insulation, environment and energy efficiency. SECTION TWO : Definitions Article 13 – Definitions related to the settlement area: Resident (inhabited) area: It is the area determined by the zoning plan and inhabited in accordance with the decisions of the upper scale plan, if any. Development (development) area: It is the area allocated for the development of the city in the zoning plan in accordance with the decisions of the upper scale plan, if any. (Additional definition: 01/06/2013 – 28664 S.R.G. Directive / 11. art.) Ministry : Ministry of Environment and Urbanisation. (Additional definition: 01/06/2013 – 28664 S.R.G. Directive / 11. art.) Relevant Administration : (Additional definition: 01/06/2013 – 28664 S.R.G. Directive / 11. Art.) Directorate : Provincial Directorate of Environment and Urbanisation. (Additional definition: 01/06/2013 – 28664 S.R.G. Directive / 11. Art.) Law : Zoning Law dated 3/5/1985 and numbered 3194. Article 14 – (Amended Article: 01/06/2013 – 28664 S.R.G. Directive /12. Art.) Definitions of urban areas and land use conditions: 1. Working areas: a) Central business area: It is the area reserved for administrative, socio-cultural and commercial buildings in zoning plans. In this zone, offices, business houses, casinos, restaurants, bazaars, multi-storey stores, banks, hotels, social and cultural facilities such as cinemas, theatres, administrative facilities, private education and private health facilities and similar structures can be built.
b) Industrial zone: Areas reserved for all kinds of industrial facilities in zoning plans. Other buildings and facilities that will serve according to the purpose can also be built within this zone. 2. Social and cultural infrastructure areas: a) Green areas: It is the sum of playgrounds, playgrounds, playgrounds, recreation, recreation, picnic, entertainment and coastal areas reserved for the benefit of the public. Fair, botanical and animal gardens at metropolitan scale and regional parks are within the scope of these areas. aa) Children’s gardens: These are areas to meet the needs of 0-5 age group. No facilities other than vegetation and equipment necessary for children’s play such as kiosks, pools, pergolas and public toilets can be built. ab) Parks: Car parks, pools, outdoor sports and playgrounds, public latrines, 1 floor, h=4.50 m. and 1 floor, h=4.50 m., provided that they are determined by the zoning plan and remain under the natural ground or levelled soil ground, taking into account the existing tree texture, provided that there is sufficient depth of soil cover for afforestation and planting and that they meet the standards.Provided that it does not exceed 1 storey, h=4.50 m and the floor area does not exceed 0.03 in total, and provided that it is made of removable material; open tea garden, buffet, pergola, pergola, gazebo, mukhtar’s office, security booth, sportsmen’s changing cabins, taxi stand, transformer, etc. can be built, and the recreation needs of the residents of the city are met with green vegetation. ac) Picnic and recreation (recreation) areas: These are areas determined by the zoning plan decision and intended for daily use in and around the city and primarily for the city’s need for open and green areas, where all kinds of sports activities such as tennis, swimming, mini golf, autocross, etc. can take place with uses such as restaurants, casinos, coffee houses, tea gardens, kiosks, car parks, where entertainment, recreation and picnic needs can be met. The precedent of the buildings to be built in this area cannot exceed (0.05) and the height cannot exceed (6.50) m. b) Sports and playgrounds: These are open and closed facility areas allocated at the city, region or neighbourhood scale with the zoning plan decision in order to meet the need for sports and games and to carry out sports activities. These areas may include open or closed car parks and commercial units for the needs of spectators and athletes, such as buffets, restaurants, patisseries, tea houses and commercial units related to sports activities. ba) Stadium: These are complexes that are constructed for football and similar sports competitions with an open or closed top with the decision of the implementation zoning plan, which may include open and closed car parks, administrative, social and cultural facilities, and places, structures or facilities such as restaurants, patisseries, teahouses, bazaars, shopping units, kiosks in addition to the facilities related to the sports and athletes, and which may also cover under roads and squares within the integrity of the stadium project, provided that it is clearly stated in the plan and is not subject to registration. c) Social and cultural facility area: Areas belonging to the public or private individuals and reserved for uses such as libraries, exhibition halls, museums, cinemas and theatres, nurseries, kindergartens, courses, dormitories, kindergartens, orphanages, nursing homes for the elderly and disabled, rehabilitation centres, women’s and children’s shelters, and houses of compassion. ç) Places of worship: Areas where people gather in order to worship and benefit from religious services, where the religious facility and its complex, provided that it is compatible with the architecture of the religious facility; lodging, library, soup kitchen, recreation hall, dormitory and course structure and outbuildings such as gasilhane, fountain and latrine, open or underground closed car park can also be built. d) Cemetery area: These are the areas where burial places where the bodies are buried, administrative facility buildings where burial permits and other procedures are carried out, security room, visitor waiting, morgue, gasilhane, place of worship, fountain, fountain, latrine and car park can also be built. 3. Area uses a) Residential area: Areas planned for residential use in settlement and development areas. However, in the road-facing spaces of the basement floors of the parcels at the road level or exposed basement floors of the parcels located in the residential areas that have been formed as a commercial zone along the road, there are areas that do not create noise and pollution, do not have the characteristics of a workshop, do not have non-sanitary features, and do not have the daily life of the public.
Non-residential services such as shop, hairdresser, tailor, doctor’s office, restaurant, patisserie, kindergarten, nursery can be provided to meet their needs. On the first floor or basement floors of the building, non-residential units that are internally connected to the space on the ground floor and are not associated with the common stairs of the building can be built. Buildings such as high quality residences, dormitories, courses, kindergartens, kindergartens, private education facilities, kindergartens, nurseries, commercial multi-storey car parks, social and cultural facilities can be built independently on the parcels allocated for residential use that have been formed as a commercial area along the road. b) Commercial area: Business centres, offices, bazaars, multi-storey stores, multi-storey car parks, accommodation facilities such as shopping malls and hotels, cultural facilities such as cinemas, theatres, museums, libraries, exhibition halls, entertainment units such as restaurants, restaurants, casinos, wedding halls, administration buildings, commercial multi-storey car parks, These are areas where buildings related to trade and service functions such as banks, financial institutions, dormitories, courses, classrooms, private education and private health facilities, and high quality residences can also be built provided that the ground or basement floors facing the road are not used as residences and have separate building entrances and stairs. c) Mixed use areas such as Trade+Service, Trade+Residential, Trade+Service+Residential: These are areas where only one or two or all of the uses of trade, service, trade+residence, trade+residence, service+residence, trade+service+residence, trade+service+residence are located together, provided that they are not used as residences alone, except for high quality residences. If housing is built in these areas, it is required that the ground or basement floors fronting the road are in trade or service use and that there is a separate building entrance and staircase for housing. In these areas, dormitories, courses, classrooms, commercial multi-storey car parks, social and cultural facilities, private education and private health facilities belonging to real and legal persons or the public can be built without the need for a separate plan decision. In the parcels where the buildings also include residential use, the necessary arrangement partnership share deductions are taken to meet the social and technical infrastructure required by the residential use and a licence cannot be issued without allocating these areas. ç) High quality housing (residence): Residential buildings that can be built in trade+service, trade+service, trade+service+residential, trade+service+residential, central business area and residential areas, meeting at least the minimum residential conditions; housing buildings containing more than one independent section where reception, security and daily cleaning service spaces, health services, dry cleaning, laundry, laundry, transport, catering and shopping services and services such as gym and swimming pool can be provided. No licence can be issued for this purpose on parcels where social and technical infrastructure deductions are not made over residential use. d) Accommodation facilities: Facilities such as hotels, motels, holiday villages, pensions, camping, apart hotels and hostels used for accommodation purposes. e) Health facilities area: Areas allocated in the development plan for real or legal persons or publicly owned facilities that serve functions such as hospitals, health centres, family health centres, maternity homes, dispensaries and polyclinics. The approval of the provincial organisation of the Ministry of Health shall be obtained for the areas where private health facilities will be built. f) Education area: Areas allocated in the development plan for schools and facilities belonging to the public or real or legal persons to serve in pre-school, primary, secondary and higher education functions. For the areas where special education facilities will be built, the approval of the provincial organisation of the Ministry of National Education shall be obtained. All structures, facilities and open space arrangements to be built in the working, social and cultural infrastructure areas specified in subparagraphs (1) and (2) must be made in accordance with the standards of the Turkish Standards Institute in a way to ensure access and use by the disabled. Article 15 – Definitions of parcels: 1. (Amended: 01/06/2013 – 28664 S.R.G. Directive / 13. art.) Parcel frontage: It is the frontage of the parcel on the road on which it is located. For parcels fronting more than one road, if it is not specified in the application development plan, the edge on the wide road is the front facade of the parcel. If the roads are equal, the narrow side is the parcel frontage. For corner parcels that are subject to adjoining order and fronting to roads with different number of storeys and different elevations, a staggering is made at least every 6 metres in order not to disrupt the storey regime of the roads.