Essential Points related to Construction of Pardon

Who Can Benefit From the Construction of Pardon?

In our country, the problems that arise from the buildings without license and constructed unlawfully were a current issue for many years. Finally the construction of peace has come which was an opportunity to end the dispute between the citizens and the state. Review of applications for the construction of peace (remission for construction) will continue until the date of 31 October 2018. So what is the construction of peace and who can benefit from it?

The construction of peace is to legalize the buildings which are without license and constructed unlawfully by giving them a Structure Registration Certificate.

Structures as dwellings and working places that are:

  • unlawfully constructed
  • without license or constructed in defiance of the license
  • constructed in accordance with the license but without an abode
  • with an abode but then altered or supplements added

will benefit from the construction of peace.

According to the Communiqué on the Procedures and Principles Related to the Issuing of the Structure Registration Certificate by the Ministry of Environment and Urbanization, a Structure registration certificate may be issued only for buildings that are constructed before the date of 31.12.2017. In other words, when the construction of peace comes up unlicensed constructions will not immediately benefit from it. The application deadline for the Structure registration certificate is 31.10.2018 and payment due date is 31.12.2018. The procedures of the application and the payment that one shall make, sales of the immovables that belong to the treasury, the buildings that the Structure registration certificate will not be issued for, the transactions related to the people that give false statement during the issuing  the certificate are explained in detail in this Communiqué.

In this article, we will give examples of the buildings that can benefit from the construction of peace.

  1. Locuses with Deed of Land/Deed of Share

When there is a construction above the land;  if there is only a deed of land, it is deemed as the construction work has completed but there is no residence permit (or the building is unlicensed). The building would be declared as null and void. The buildings that has a deed of land may have more than one owner. In this case, the share percentage has to be shown in each person’s deed. Hence, the sale of a building with a deed of land is not officially the sale of the building but the sale of the land share.

For locuses with a deed of land/deed of share to benefit from the construction of peace, there has to be a construction on the land. With the construction of peace, one of the owners of these constructions has a right to apply to legalise these constructions. Payment for the registration of the construction will be determined by calculating the total land area and the share percentage of the owner.

To explain this with an example, Ali and Ahmet have half shares on a land with 300 m2 surface area. Above the land, there is a shanty that belongs to Ahmet that covers an area of 100 m2. In this case the payment of the Structure registration certificate will be made by Ahmet. Since Ali does not own any construction on the land, he will not be obliged to pay any loan.

2-The Buildings with No Occupancy Permit

The Occupancy Permits are issued by the municipalities. This permit proves that the building is constructed in accordance with the project plans; residence permit and an occupancy permit are present. With the occupancy permit one can benefit from the water, electricity and natural gas services. If one these has not been completed, the permit cannot be issued.

Owners of the buildings that has no permit for reasons related to constructing the whole building without a license, measurements of the residence not being made in accordance with the project plans, absence of any shelter, parking area and fire escape have the right to apply for the whole building to own a Structure Registration Certificate and use the advantage of the construction of peace.

In case of the building does not own an occupancy permit, the owners may apply for not only their own single space but the whole structure. One of the right owners applying for the permit and paying the loan is sufficient. This loan will be shared equally among the owners.

If the construction servitude was obtained but it did not transform into the property ownership due to the faults of a building contractor, the construction may benefit from the construction of peace. Therefore, the problems of the sufferers of the defects of the contractors will end. Besides, when the conditions are fulfilled, construction servitude may be issued on these buildings.

3- Illegal Complexes and Plazas

The buildings which have a building permit that determines the limit for the height but has exceeded this limit are deemed as illegal complexes and plazas may take an advantage of the construction of peace. It was not allowed to issue an occupancy permit for these complexes. With the construction of peace, the owner of the buildings may apply to get the Structure Registration Certificate for the whole construction.

4-Structures Inconsistent With the License/Project

We can divide the structures inconsistent with the project into two groups. The first one is the single spaces of the buildings with the occupancy permit but then altered inconsistently with the license. The second one is the structures that could not get an occupancy permit due to being against the license. Both of them may benefit from the construction of peace.

We can give examples of the structures that have an occupancy permit but underwent a change that is inconsistently with the permit afterwards such as utilizing the building for commercial purposes, merging the single spaces, closing the terraces and balconies, dividing a duplex apartment into two apartments. These changes may be legalised and a Structure Registration Certificate may be issued for these structures by notifying the changes and making the payment.

However, for the buildings that could not get an occupancy permit due to the inconsistency with the project plans affecting the whole building such as building more floors then the determined number, the occupancy permit shall be issued for the whole the building. For this, one of the right owners must apply and pay the total loan.

5- Places Used as Workplace Which Appears Dweling House on Land Register

We already mentioned it in previous clause. The places used as workplace but appears to be dweling house on the land register also take advantage of remission of construction. According to this, in the case of receiving the Structure Registiration Certificate by notification of irregularity. However demolishing of construction in future leads to certificate lose its validity. Current zoning conditions and new project will be considerate if reconstruction is in question.

6-Building Which Built on Public Property

With exception of reserving Tresure’s real property for social facilities, Structure Registration Certificate is able to given for building on Treasure belonging. The building’s owner on the Treasury real estate will be apply to Ministry of Environment and Urban Planning to purchase land where building located, after having Structure Registration Certificate.  Thus they are able to purchase these their lands after using years by paying fair value.

7-Buildings that are Under Construction

Not just finished buildings, also buildings under construction are able to take advantage of remission of construction. These building which will be obtain structure Registration Certificate in condition that not to bring about additional construction space as finished parts in December 31, 2017. The deficient construction works of these parts that given structure Registration Certificate will be completed.

However, within the scope of arrangement which permit building have Structure Registration Certificate to simple repairs and amendments. In the case of documented structures, business license and work permit may be granted without residential usage license.

What are the buildings which cannot take advantage of Remission of Construction?

– Immovable structures belonging to third parties subject to private property

– Buildings on the land of Treasures’ real property for social facilities

-Bosphorus coastline and its area of preview

-Sultanahmet and Süleymaniye sphere of historical peninsula

-Determined places of historical Gallipoli

do not take advantage of remission of construction.

How to Transfer to Flat Ownership?

According to the arrangement made within the scope of remission of construction, after obtaining Structure Registration Certificate for the building whose flat ownership couldn’t establish due to lack of occupancy permit, land use conversion and flat ownership may be found without occupancy permit. İt requires the approval of all owners and the abandonment of places allocated to public service.

Having Structure Registration Certificate is not enough and also all owners agreement is required and the abandonment of the public services land on construction plan like roads, green-field and public garden.  For transferring to flat ownership, one more amount will be paid for the price as price of Structure Registration Certificate before.

With the help of transfer to flat ownership, these building’s commercial occupations will have legality. Taxable loss due to real estate tax from an attribute of land will be decreased.  Establishing construction servitude and flat ownership on these buildings leads to taking in to consideration while banking transactions like warranty, pledge, and so on. It help to economic value of building rise and legal transactions as purchase and sale will become demandable.

What are the benefits of remission of construction?

Many owners of dwelling and workplace cannot make use of services legally like gas, electricity cause of illegal. With remission of construction, building that have Structure Registration Certificate is able to subscribe gas, electricity and so on.

According to Construction Zoning Law, decision of demolition and non-collected fines will be cancelled. In addition, the opened criminal cases will be abatement. As a result of it, the demolition apprehension will be come to the conclusion for the building has the Structure Registration Certificate. But the condition is taking all precautions for earthquake risk by all owners of buildings.

These buildings which are legalized with the Building Registration Certificate can be shown as an economic value. Especially transferring to flat ownership of buildings which have Structure Registration Certificate leads to value of house and workplace appreciate over 2-3 times. However, since it will become eligible for sale with credits, it will be preferentially preferred in purchasing sales transactions. That is to say, an advantageous situation for both buyer and seller.

What are the main points to be considered when applying?

Applications are made through the e-government system or by the institutions authorized by the Ministry. It is important to provide correct information during the application and to determine the correctness of the irregularities. Building registration certificate prices will be determined on the basis of the statements of the owners. If the declarations do not reflect the truth, the Building Registration Certificate will not be given or the collected fee will not be refunded. At the same time in about misrepresentation or false admission “misrepresentation in the regulation of official document” will be made available in the criminal complaint. Therefore we advise you to be very careful when applying and if there is necessity asking help from legal expert.

 

barlas-law-firm-logo-white

Adres

AGAOGLU MASLAK1453
Maslak Mah. Tas Yoncası Sok.
C7 Blok D:45 Kat:8
Sariyer Istanbul – Turkey

+90 212 274 99 53 / 54
info@barlaslaw.com

© 2018 Barlas Hukuk Bürosu. Tüm Hakları Saklıdır.

site by boozaa