The proposal for amendment in the Zoning Law was accepted at the General Assembly of the Turkish Grand National Assembly

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General Assembly of the ParliamentLaw proposal on the Amendment of Some Laws with Geographic Information Systems was adopted.

According to the law, the geographical data in the National Geographic Data Responsibility Matrix, National Geographic Data Sharing MatrixAccording to what, sharing, access and use among public institutions and organizations will be free.

Arrangements will be made for local and foreign real and private legal entities to collect, produce, share and sell such geographical data, and if these regulations are not followed, administrative fines will be determined.

TOKİ authorized in the areas created or to be established by the Directorate of Mass Housing Administration (TOKİ) according to the areas created by the former Ministry of Public Works and Settlement before the effective date of the Law on the Amendment of the Slum Law, and according to the Slum Law, within or outside the municipal boundaries. it will be.

Slum Law by MunicipalitiesThe relevant municipality will be authorized in applications in the areas created or to be created according to. Municipalities will use these rights, powers and duties by the authorized bodies. The implementation of this law in metropolitan cities will be carried out by district municipalities under the coordination of metropolitan municipalities.

Except for the immovable properties subject to sales and lease agreements by TOKİ, TOKİ, if the lands and lands owned by it are occupied by real or legal persons, apply the procedures regarding the request of the ECrimisil, the collection of the ecrimicillin and the evacuation of the immovable or General Directorate of National Real Estate will be authorized to enforce by hand.

50 percent of the collected amounts related to the release of properties and real estate to be taken under the Law on Land Production and Evaluation will be recorded in the general budget and 50 percent will be recorded until the end of the month following the collection. Mass Housing Administrationwill be transferred to.

Copies of the finalized plans will be sent electronically to the Ministry of Environment and Urbanization and will be uploaded to the electronic archive by the relevant administration. Thus, the provincial units of the Ministry Spatial Data Archive System (MVAS) structure will be reduced to load documents.

Plans, plan changes and plan revisions will receive a “plan transaction number” through the e-plan automation system and the numerical data of the plans will be collected in this environment. In this way, it is planned to increase the accessibility of the plan data, to perform controlled and accurate monitoring and archiving.

In order to be informed by the right holders and the public about the approved zoning plans, a notice will be made in the relevant muhtars with a sign that the plan has been suspended and a sign in the area where the change is made.

Urban design projects can be prepared with application development plans.

Border to building heights

Lawsuits will be filed within five years from the date of finalization against finalized plans and parceling plans in order to ensure that the zoning plans and zoning practices are not maintained, property rights are not restricted, and stability of administrative procedures is ensured.

Building heights will not be freely determined in the zoning plans.

Except for industrial areas, places of worship and agricultural silo structures, the heights determined as free (Yençok) in the development plans of the building can be determined by the relevant administrative council decision by making the zoning plan amendments / revisions, taking into account the existing organizations and silhouette in the environment without making any changes in precedent value. The heights, which are not determined by the relevant administration in this way, will be determined by the Ministry to cover the costs from the revolving funds. 100 percent of the costs to be incurred will be collected from the relevant administration.

The metropolitan municipal council will decide whether the places that have turned into a neighborhood due to the metropolitan municipality borders being the provincial borders and whose population is below 5 thousand continue to have a rural settlement feature.

Since the special provincial administrations in the metropolitan cities have been removed and the villages in the metropolitan cities have turned into neighborhoods, and the muhtars have turned into neighborhood muhtars and these areas have entered the service area of ​​the district municipalities, the duties of the special provincial administrations and muhtars will be carried out by the district municipalities.

In case the zoning practices are canceled by a court decision, an appropriate place will be allocated by the administration within the field of application provided that the parcels subject to the case are consented to the right holders. In the absence of an agreement, the owner of the right will be paid at the fair value of the immovable after deducting the arrangement partnership share deduction in the application, taking into account the plaintiff’s rightful place in the root parcel.

Governorate will approve housing projects in villages

Projects of houses and structures to be built in villages and hamlets will be approved by the governor’s office, and then reported to the headman. Buildings contrary to the project will be forwarded to the governor’s office by the headman.

Rural settled area and its surrounding borders will be determined by the metropolitan city council decision on the proposal of the district municipal council in the places where the city border is the provincial border, and in other places by the decision of the city council.

Contrary to the approved upper tier plans, in cases where there is no provision, there are areas within the boundaries of the village that are disadvantaged, landslide and rock fall disaster, sanitary and geological disadvantage, and the city boundaries on the map or cadastral maps. will be determined by the decision of the relevant district city council in places with borders and by the decision of the city council in other places.

For the determination of the rural settled area and its surrounding borders and the structures that can be constructed in these areas without being subject to a license, no fee will be charged under the name, fee, fee, revolving fund fee and any name for the study, project, project eligibility opinion.

Projects of buildings with special features that require advanced design methods and technologies will be carried out under the supervision of engineers with sufficient expertise within the framework of the regulation issued by the Ministry of Environment and Urbanization.

Penalty for the supervisors of the building, which does not fulfill the obligations

Residential properties of up to 5 million lira will not be subject to “valuable housing tax”.

According to the Law on the Amendment of Some Laws with the Geographic Information Systems adopted at the General Assembly of the Turkish Grand National Assembly, information regarding the fact that the building, whose construction was stopped on the grounds that it was started to be unlicensed or in violation of the license and its annexes, is deemed to the land registry office by the relevant administration, It will be notified in writing within 7 days. Without being notified to the land registry office by the relevant administration that the violation has been corrected, the record in the declaration section will not be removed.

A copy of the notification regarding the suspension of the building left to the headman will be sent to the Provincial Directorate of Environment and Urbanization.

Within 1 month from the date of the building holiday minutes, the buildings that have not been demolished within 2 months despite the demolition decision have been taken by the building owner and the buildings that have not been demolished within 2 months despite the demolition decision have been taken by the building administration, and the buildings that have not been demolished within 6 months, costs can be demolished or demolished by the Ministry of Environment and Urbanization to cover the revolving fund revenues.

Demolition costs will be collected from the relevant administration with 100 percent more. In case it cannot be collected in this way, it will be collected from the shares transferred to the provincial special administrations and Municipalities in accordance with the Law on Giving Shares from General Budget Tax Revenues. The collected amounts will be recorded as income in the Ministry’s revolving fund account.

Penalties were also imposed on the supervisors of the building, which did not comply with the obligations or behaved against the relevant articles.

The administrative fine to be imposed for the discrepancies in the buildings subject to licensed agriculture and livestock will be applied for not less than 1000 liras.

The ownership of the building, the construction contractor, or the relevant scientific responsibility, which does not report to the administration within six business days of the building, which is made without a license or in violation of the permit, studies and projects or zoning legislation. The penalty to be imposed depending on the effect, whether it threatens the safety of life and property and the size of the violation is increased from 500 lira to at least 1000 lira. The same amount of punishment will also apply to structures that do not require a license in villages and hamlets.

According to the building classes and groups determined by the Ministry, the price calculated by multiplying the plot area that corresponds to the administrative penalty given for each square meter of the contradiction to the legislation, the land share of the area subject to the violation of the legislation and the minimum square meter unit value of the land administrative fines will be added separately.

Zoning plan changes that increase the height of the building will not be made

Plan changes will be made in a manner that will not disrupt the balance of social and technical infrastructures of the plan main decisions, continuity, integrity and in accordance with the characteristics of the settlement, provided that they provide technical reasons. A social and technical infrastructure impact assessment report containing needs analysis will be prepared in the plan change proposals and submitted to the administration to approve the plan.

On parcel basis; zoning plan changes that increase the population, building density, number of floors and building height will not be made.

On the islands that are formed not less than 1000 square meters; The cultural facilities, social and technical infrastructural uses needed in the plan changes that increase the population, building density, number of floors, height of the building or change the function on the island will have to be met in a radius of maximum 500 meters in the center of the island.

Upon the request of all the owners of the immovable property, as a result of the zoning plan change to be made on the island basis, all of the increasing value of the land will be taken as value share.

Determination of the increase in the value of the immovable that will occur in the immovable with the zoning plan amendment, according to the Capital Market Law, less than the average new value determined by the determination of the value in the merI plan conditions specified by the at least two licensed real estate appraisal institutions and the post-change value not to be determined by the valuation commission formed by the administration.

The share of value increase will be paid by the property owners at the first sale of the property or at the license stage at the latest. The value increase share determined by the valuation commission will be applied for each calendar year at the date of payment, by increasing it at the beginning of the calendar year, in the rate of revaluation determined and announced for the previous year.

It will be annotated to the land register, where the immovable property is subject to an increase in value. Building license will not be issued without paying the value increase share, except for the license modifications to be made, provided that the precedent, construction area, building height and purpose of use are not changed.

In the provinces where the amount of the deposits is metropolitan municipality, 25 percent is related to the relevant account of the metropolitan municipality, 25 percent to the relevant account of the relevant district municipality, 25 percent to the Ministry’s Transformation Projects Special Account; In provinces without metropolitan municipality, 40 percent will be transferred to the relevant account to be opened in the administration approving the zoning plan change, 30 percent will be transferred to the Ministry’s Transformation Projects Special Account. 75 percent of the increase in value resulting from the zoning plan change approved by the Ministry has been added to the Ministry’s Transformation Projects Special Account; in the provinces where there is a metropolitan municipality, 15 percent is related to the relevant account of the metropolitan municipality and 10 percent to the account of the relevant district municipality; In non-metropolitan municipalities, all of the remaining value increase share other than the Ministry’s share will be transferred to the relevant account of the relevant administration where the plan change is made, within 5 working days.

In the provinces where there is a metropolitan municipality, 25% of the remaining value increase share, 30% of the remaining value increase share in non-metropolitan municipalities and 30% of the increase in the value resulting from the development plan change approved by the Ministry, the entire value increase share is approved to the general budget. will be recorded as income.

In the areas covered by the Law on the Transformation of Areas Under Disaster Risk, public investments and publicly owned areas, the height determined as free (Yençok) in the zoning plans and plan amendments, and according to the regulations regarding the principles regarding the preparation and implementation of the plans. will not be applied to changes.

With the temporary article added to the Zoning Law, the freely determined heights in the plans will be changed until July 1, 2021. If the necessary regulation is not made by the relevant administration, the building license will not be issued without making changes.

Strengthening breeding to possible structures

Structures can be reinforced by taking a decision of reinforcement in accordance with the Property Ownership Law, provided that the additional construction area is not created, although the buildings, which are damaged, but whose rehabilitation is determined to be possible.

Strengthening permission in these structures will be granted by the relevant administration in accordance with the strengthening project, without being subject to the conditions and restrictions stipulated in this law and other relevant legislation. If the property of the real estate on which the building to be strengthened is owned by the municipality or the Treasury, no reinforcement will be possible unless the property is purchased.

In the event that the building to be strengthened is raped to the immovables belonging to third parties, consent of the third parties with rape will be sought for reinforcement. The reinforcement works and operations to be performed will be subject to the supervision of building inspection institutions within the scope of the Law on Building Inspection.

Administrative and criminal sanctions will be imposed on those who are found to have failed to perform their inspection duties under this article.

In case the buildings that are given reinforcement permission are demolished for any reason, the provisions of the current plan and legislation will be applied for the buildings to be reconstructed in these areas.

The said provisions will not be applied to the structures within the scope of the Law on Protection of Cultural and Natural Heritage.

With the amendment made in the Slum Law, the conflict of authority between TOKİ and the municipalities will be resolved in the slum areas.

Arrangement of valuable housing tax

Residential properties of up to 5 million lira will not be subject to “Valuable Housing Tax”. The value determination application will be terminated by the General Directorate of Land Registry and Cadastre, and the building tax value determined according to the Real Estate Tax Law will be taken as basis.

The lowest value immovable property of the residential properties owned by the TOKİ Presidency, those with a single dwelling and those that are in the scope of multi-valued housing will be exempt from valuable housing tax.

For residences with a value between 5 million and 7.5 million lira, 3 per thousand for the part exceeding 5 million lira; In residences with a value between 7.5 million and 10 million lira, 7.5 thousand lira for 7.5 million lira, 6 per thousand for the exceeding part; In houses with a value of more than 10 million liras, 22 thousand 500 liras for 10 million liras, and 10 per thousand taxation will be made for more.

The total value of the residential real estate will be taken as basis in the calculation of the base in shared and cooperative ownership.

Valuable tax liability will be effective from the beginning of 2020. The declaration to be submitted in 2020 for 2020 will not be given, and no tax will be accrued. The President will be authorized to extend the terms in this provision up to 1 year.

The liability for valuable housing tax will start from the beginning of 2021. Values ​​determined by the General Directorate of Land Registry and Cadastre will not be taken into consideration before the Law on the Amendment of Geographic Information Systems and Some Laws in the implementation of valuable housing tax.

Buildings that were demolished before the law came into effect, but whose demolitions were not carried out by the relevant local administrations, will be demolished by the Ministry of Environment and Urbanization after the law comes into force.

National gardens can be built on the coasts

Public gardens can be built on the coasts with the decision of the zoning plan. Building inspection companies that do not comply with the legislation will be punished for 1 year of getting new jobs.

According to the amendment made in the Law on the Amendment of Some Laws with the Geographical Information Systems adopted in the General Assembly of the Turkish Grand National Assembly and the Coastal Law, there will be no recreational pier for activities such as swimming, sunbathing, amateur water sports in areas where the coast is sandy or pebble. However, in cases where the shore has a rocky character or where the shore is sandy or gravel, it is not possible to make use of the water area in any other way, and recreational scaffolds that do not exceed three meters in width and do not have a platform feature can be established.

The procedures and principles regarding this will be determined jointly by the Ministry of Culture and Tourism and the Ministry of Environment and Urbanization in the areas covered by the Tourism Promotion Law, and in other areas by the Ministry of Environment and Urbanization.

Public gardens can be created on the coasts by the decision of the zoning plan.

In Bitlis Ahlat, official institution areas can be built in the region where the borders and coordinates are shown in the law and subject to the Coastal Law, with the decision of the zoning plan.

The buildings that maintain the village status, including those within the municipal boundaries, remain on the coastline of the village settlement areas and built before 11 July 1992 in accordance with the legislation on the date of construction, will be preserved in its current form. These structures can be used by strengthening them for life and property safety with the appropriate façade change and repair, provided that the ownership of the condominium is not established and does not constitute any acquis rights and the existing contour and gauge is not exceeded. No new building will be able to be constructed in the parts of village settlements of this nature on the coastline.

Administrative sanctions and regulation of fines

According to the amendments made in the Law on Building Inspection, the service fee to be paid to building inspection institutions will be applied at a discount not exceeding 30 percent for all buildings within the approved zone of industry zones, technology development zones, organized industrial zones, free zones and industrial sites.

With the law, administrative sanctions and administrative fines for those who do not comply with the legislation were also reorganized.

Accordingly, the Ministry of Environment and Urbanization will be able to impose a 1-year ban on obtaining new jobs upon the proposal of the Provincial Building Inspection Commission, for building inspection companies that do not comply with the legislation.

An administrative fine of 10,000 lira will be imposed on the partners, auditor architects and engineers and other technical staff of the building inspection organization, who are engaged in commercial activities related to other occupational and civil works while they are partners or officers in the building inspection organization or who are or are involved in laboratories.

The partners of the building inspection institution, who are banned from getting new jobs, will not be able to take a technical duty in any building inspection or laboratory organization for three years, and will not be a partner of another building inspection or laboratory organization for three years.

The auditor architect and auditor engineers and other technical personnel whose records were kept by giving three administrative sanctions within the scope of three separate technical inspection reports to the building inspection institutions, a technical duty in any building inspection or laboratory establishment for three years with the decision of the Central Building Audit Commission and the approval of the Ministry of Environment and Urbanization. will not be able to partner with another building inspection or laboratory organization.

The fine imposed on laboratories will be increased to 19 thousand liras

The laboratory institution will be given a warning for the discrepancies detected in terms of the quality system.

In the test reports that do not make the calibration of the tools and devices on time, sampling from fresh concrete, storing them at the construction site, cure in the laboratory, performing the tests and reporting, monitoring and auditing, the laboratory auditor is not present in the laboratory’s test list, which is not included in the laboratory’s scope list. Using the logo of the Ministry of Environment and Urbanization, leaving blank lines in the sample registration and report book, not recording the samples in the registry, receiving fresh concrete samples from the provinces other than the province or provinces where the sample collection station is located outside the province where the laboratory is operating, and the laboratory. administrative or technical personnel working in the establishment or administrative fines imposed on laboratories that do not notify the change of laboratory address in a timely manner is brought to the moon.

If the laboratory establishment is given three separate administrative fines in the last three years for these reasons, the Ministry will be banned from receiving new jobs for one year.

Laboratory partners who have been banned from recruiting new jobs will not be able to take a technical role in any building inspection or laboratory establishment for three years and will not be a partner of another building inspection or laboratory establishment for three years.

In the event that the laboratory organization’s test reports to administrations or individuals are found to contain unrealistic results, the auditor engineers and technical personnel whose records are kept by giving three administrative fines within the scope of three separate evaluation reports to the laboratory institution or any structural audit or will not be able to take a technical role in the laboratory establishment, nor will it be a partner of another building inspection or laboratory establishment.

The chambers of profession about architects and engineers who have been found to have failed to fulfill their duties will report the result to the Ministry by making criminal proceedings in accordance with their legislation.

The guarantee amount received by the Ministry for building inspection institutions and laboratories for the permit certificate will not be levied and no precautionary measures will be placed on it.

Sanction to construction site supervisors if they fail to fulfill their duties

Licenses and permits for the buildings to be constructed will be exempt from the building construction fee and zoning fees obtained according to Municipal Revenues Law. Services provided by the municipality and the special provincial administration for these structures will not be charged.

According to the Law on the Amendment of Some Laws with the Geographic Information Systems adopted at the General Assembly of the Turkish Grand National Assembly, the penal provisions of the Law on Building Inspection will be amended.

Under the amendment, sanctions will be imposed on site chiefs if they fail to perform their duties.

During the implementation of the provisions of the law, due to acts requiring the execution or negligence of the building inspection agency to impose a penalty from getting new jobs; partners, managers, architects and engineers, building contractors, site chiefs, project designers and laboratory staff will be punished with imprisonment from 6 months to 3 years.

The Ministry of Environment and Urbanization will also audit the laboratories.

The regulation prepared by the Ministry will include the number of building inspection institutions and laboratory establishments, and conditions for the temporary withdrawal of the building inspection permit.

The law also introduces transitional provisions on administrative sanctions. Accordingly, the provisions applicable to administrative sanctions that have to be implemented but not yet established due to acts committed against the regulation before the date of entry into force of the article will be implemented.

High Science Board

With the article added to the Public Procurement Contracts Law, the High Science Board within the Ministry of Environment and Urbanization will be in charge and authorized to examine the disputes at the request of the relevant administration for the resolution of the disputes encountered in contract disputes related to construction and construction consultancy services.

High Science Board; In the determination of the price of the works that are not included in the contract or whose price is not determined, incompatibility between the documents that compose the tender document, work program disputes, price difference payment and calculation, extension of time and transfer of allowance, temporary and final acceptance procedures, penalties to be applied in case of delay, additional works and work deductions. will review contract disputes.

Contractors or administrations will be able to apply to the High Science Board for the resolution of the dispute, provided that they have not been subject to trial or Court of Accounts due to disputes arising from the implementation of the contract.

Contractor objections will be made in writing to the contracting authorities until the final acceptance stage is completed. Appeals will be sent to the High Science Board by the relevant administrations within 30 days at the latest. The board will decide on objections within 60 days at the latest.

Licensed map and cadastral engineers will not be able to carry out free map and cadastral engineering and consultancy activities, and will not be partners with companies that perform map and cadastral engineering consultancy services during their activities under the Law on Licensed Map Cadastral Engineers and Offices.

The termination of the license will include the condition that the licensed engineer has reached the age of 65. For those who continue their licensed engineering activities, this article will be applied 2 years after its publication.

Family will be accepted at resettlement

The duties of the Ministry of Environment and Urbanization for basic needs such as nutrition and shelter will be carried out by the Ministry of Internal Affairs, until the Turkish descent and immigrant families who depend on Turkish culture are permanently resettled.

Changes are also made to those who will be accepted as a family in housing. In the current arrangement, “brothers with and without father are resettled together and with equal shares,” with change, while “single brothers with and without parents are living together as a family” envisions.

Licenses and permits for the buildings to be constructed will be exempt from the building construction fee and zoning fees obtained according to Municipal Revenues Law. Services provided by the municipality and the special provincial administration for these structures will not be charged.

from the interviews

Speaking during the negotiations, IYI Party Konya Deputy Fahrettin Yokus said, “I buy natural gas in advance, I have a card, but afterwards, the price difference comes to me. Because you set up the robbery system. he asked. Afterwards, he read the poem “Eat less gentlemen, eat less”, which an officer wrote.

Upon this, AK Party deputies reacted to Yokus.

Speaking of the bullying, AK Party Group Vice President Cahit Özkan said that this style was a public insult to the AK Party.

Stating that the AK Party governments have been trying to bring the resources of the nation to the service of the nation with fiscal discipline for 17 years, Özkan said, “If our nation has given way to this case since 10-odd elections, our leader, Mr. President Recep Tayyip Erdoğan, we are using the resources of this nation in the most disciplined way. . ” said.

Özkan emphasized that Yokuş should leave aside this vulgar and hurtful style for the AK Party Group.

In the meantime, there were mutual statements between AK Party and IYI Party deputies.

“Okay, shame. Do not be rude.” He ignited the debate. Lawmakers from the two parties marched on top of each other.

Deputy Speaker of Parliament Süreyya Sadi Bilgiç warned the deputies and asked them to sit down. Bilgiç took a break from the merger after the debate continued.

Tensions continued for a while. Thereupon, the Parliament Deputy Speaker Bilgiç, who came to the General Assembly Hall again, warned the deputies to fall in front of the Chair.

Bilgiç closed the merger on Tuesday, February 18 at 15.00, after the regulation was enacted.

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