The Regulation on the Amendment of the Regulation on Land and Land Arrangements by the Ministry of Environment and Urbanization entered into force after being published in the Official Gazette dated October 21, 2020. With the new regulation published, some important articles in the old regulation were changed.
Before the regulation, Article 12 of the Regulation on Land and Land Arrangements was as follows;
“The island and parcel numbers of the immovable properties put into practice with the decision of the municipal council within the adjacent area, the decision of the provincial board of directors or the letter of the administration that made / made the parceling plans were sent to the relevant land registry office, and the title deed records were taken to the zoning application in accordance with the 18th article of the Zoning Law No. 3194. It is requested to put the specification.”
The phrase “adjacent area” in the first paragraph of Article 12 of the Regulation has been changed to “Municipality and adjacent area”. The adjacent areas are outside the municipal boundaries and are the areas that are under the control and responsibility of the municipalities in terms of zoning legislation. Therefore, with this amended article, the island and parcel numbers of the immovable properties that have been put into practice with the letter of the administration that made or made the parcelling plans both in the neighbuoring areas and the municipality area were sent to the relevant land registry office and it was requested to indicate this in the land registry records.
The phrase “directly sold” in the second paragraph of Article 16 of the same Regulation, provided that the conditions in paragraph (c) of the first paragraph of Article 4 of the Law on the Evaluation of Immovable Properties of the Treasury and the Amendment to the Value Added Tax Law No. 4706 dated 29/6/2001 has been changed to “can be sold directly.”
Clause c of paragraph 1 of article 4 of this law is as follows;
The shareholders who make a request, provided that the share rate does not exceed forty percent or the number of shares within the boundaries of the implementation development plan, four hundred and four thousand square meters outside,
Public shares in areas owned by the municipality / governorship or in parcels that have been allocated from the Treasury immovables can be sold directly to the owner of the building, if this condition is met at the current value, due to the inability to deduct the share of the regulation partnership.
Subsection 5 and 6 have been added to the 37th article of the same Regulation. With these added paragraphs, as a result of the recycling processes and the return to the root parcel due to the zoning practices previously made but cancelled by the court decision, the zoning parcels allocated according to the cancelled zoning application and on which the structure is located, the location of the root parcel in the new parcel plan or the closest In the event that the parcel where the buildings and outbuildings are located cannot be registered on behalf of the building owners, or the subject parcel coincides with the areas allocated to public and public services in the zoning plan, and the recycling operations cannot be performed due to similar legal or actual impossibilities, the things that can be done are listed.
As it can be understood from this added paragraph, two concrete situations emerge. The first of these is the situation of not being able to be registered on behalf of the building owners due to the fact that the root parcel cannot be returned to the root parcel or cannot be collected from the closest place, as a result of the recycling processes and the return to the root parcel due to the zoning practices that were previously made but cancelled by the court decision.
The second situation is; It is the case that the parcel subject to the case coincides with the areas allocated for public and public services in the zoning plan and recycling operations cannot be performed due to similar legal or de facto impossibilities.
In these two cases, the clauses arranged in the continuation of the paragraph are valid.
A detailed technical report will be prepared explaining the reasons for not being able to recycle.
Provided that the right holders approve, the subject parcel can be allocated to a place deemed appropriate by the administration within the application area.
If the owner of the building and the parcel are different from each other, the parcel with the building on it and the parcel allocated to the building owner can be subject to clearing with the consent of the immovable owners.
In the absence of consent or in case the parcel subject to the lawsuit coincides with the areas allocated to public and public services in the zoning plan in the new zoning application, it cannot be allocated from its location or close to it for technical reasons The parcel where the building is located or the parcel that cannot be allocated by the administration implementing the application may be expropriated. If there are parcel owners to be expropriated, parcels belonging to the administration implementing the application can be offered, primarily from the same area, and the expropriation fee can be met through barter.
After the parcel on which the building is located becomes the property of the administration performing the implementation, this parcel can be subject to exchange or sale with the parcel allocated to the building owner in the new application.