The Regulation on the Value Increase Share Regarding the Development Plan Amendment was prepared by the Ministry of Environment and Urbanization and was published in the Official Gazette on 15 September 2020 and entered into force on the same date. With this regulation, it was stated that plan changes that increase the population, building density and number of floors cannot be made on the basis of parcels.
This regulation has been prepared by taking the opinions of institutions and organizations, trade associations and universities and has been determined in accordance with the provision of the Zoning Law, which provides the public with the increase in value due to the plan changes that entered into force on February 20, 2020.
With the new regulation, the increase in the value of the immovable properties as a result of the zoning plan change, in the public gain as a share of value increase; The procedures and principles regarding the determination of the share, the scope, finalization, payment and distribution of the share as well as other works and transactions have been determined.
With the arrangements made, it will not be possible to make plan changes that increase the population, building density and the number of floors on a parcel basis. Provided that the conditions of the current zoning plan are not changed on the basis of the parcel, only the function change can be made and this value will be subject to increase.
With the new arrangement, it is aimed to prevent constructions with low quality of space, which are independent from the plan as a result of the plan changes on parcel basis, do not have reinforcement areas, do not comply with the urban aesthetics, and do not consider the human scale.
The changes brought to the regulation are as follows;
Plan changes cannot be made in zoning islands smaller than 1000 square meters.
Within the scope of the newly published Regulation, no plan change can be made in zoning islands smaller than 1000 square meters.
Plan changes will not disrupt the unity of the plan, plan changes that increase the population, building density, number of floors, change the function on the basis of the island on the request of all owners in the zoning islands of 1000 square meters and larger, can only be made if they provide the required reinforcement areas within a radius of 500 meters. This will be subject to increase in value.
Plan changes that cannot meet the reinforcement areas within a radius of 500 meters will not be made.
In this way, plan changes and silhouette degradation on the island basis will be prevented and the deficiencies in the needed social and cultural reinforcement areas will be eliminated.
The entire increase in value will be returned to the public.
Within the scope of the regulation, the share of value increase arising from the plan change will be calculated over the land value by the price appraisal commissions and will be used for urban transformation and infrastructure expenditures by returning to the public.
The distribution of the value increase share will be as follows:
"In provinces where there is a metropolitan municipality, 25 percent goes to the metropolitan municipality, 25 percent to the relevant district municipality, 25 percent to the Ministry's Special Account for Transformation Projects, 25 percent to the Treasury. In provinces without a metropolitan municipality, 40 percent to the administration that approves the development plan, 30 percent will be transferred to the Ministry's Transformation Projects Special Account, 30 percent to the Treasury.
75 percent of the value increase arising from the change in the development plan approved by the ministry goes to the Ministry's Transformation Projects Special Account, 15 percent to the metropolitan municipality in provinces where there is a metropolitan municipality, 10 percent to the relevant district municipality, and in places that do not have a metropolitan municipality, the remaining share of the value increase excluding the Ministry's share In case the development plan change is approved by other competent administrations with general budget, the entire value increase share will be transferred to the Treasury account. "
There will be no share of increase in value in areas with risk and declared reserve structure.
In order to encourage island-based transformation, instead of parcel-based transformation in urban transformation, the value increase share will not be taken in risky areas and areas declared as reserve structures.
In risky building immovables, the share of value increase will not be applied in the plan changes up to 1.5 times the equivalent construction area specified in the current plan.
There will be no share of increase in value in public investment, public ownership areas, and in fused foundation ownership.
Upon the request of all immovable owners, as a result of the plan changes to be carried out as specified in Article 5, the total value of the immovable that has increased in value as a result of the plan changes, and in the immovables whose zoning plan has been canceled by the court, those who have a value difference between the new plan proposals submitted to the administration and the canceled plan conditions will pay tax.