Zoning transfer based on 'value', not square metres.
Articles of the Law on Amendments to the Village Law and Some Laws were passed by the Turkish Grand National Assembly. In this context, the definition of "transfer of development rights" was added to Article 5 of the Zoning Law. Thus, the zoning transfer, which could previously be made specifically by noting it in the zoning plans, will be implemented universally by law.

Articles of the Law on Amendments to the Village Law and Some Laws were passed by the Turkish Grand National Assembly. In this context, the definition of "transfer of development rights" was added to Article 5 of the Zoning Law. Thus, the zoning transfer, which could previously be made specifically by noting it in the zoning plans, will be implemented universally by law.
Thus, if a plot of land remains in public service areas such as schools, roads, parks, green areas, the precedent construction right on that parcel can be transferred to another parcel. In other words, the relevant public administration or municipality will offer space to the citizens in another zoning area of its own. Citizens will also be able to build a building in the place indicated to them, using the development right transfer. However, economic value rather than square meters will be the determining factor here.
CMB licensed companies will determine the value
The value of the land will be determined by the report. This value will be made by CMB licensed valuation companies. For example, the value of a 200 square meter land worth 1 million lira may be equivalent to 100 square meters elsewhere. Then the citizen will make a choice accordingly. Or, conversely, if a land value of 1.2 million lira provides the opportunity for a land worth 1 million lira through the transfer of development rights, offsetting may come into play. If the citizens accept it, the public will pay for the remaining part and equalize it. Although regulation brings innovations, it also has some handicaps for urban planners. The risk of disrupting the population balance in some regions was pointed out.
Transfer will be made without the need for a 'Note'
Hüseyin Oflaz, Senior City and Regional Planner and Chairman of the Board of Directors of Impo İmar AŞ, said: "Previously, for example, real estate located in protected areas where a zoning ban was imposed, belonged to the municipality and special provincial administration upon the application of the owner. It could be exchanged for real estate. Or, in many regions, the zoning transfer right could be used by adding a plan note to the zoning plans. There is no more.
For example, the property owner, on whose new plans a park will be built on his own parcel, will give this parcel to the public, but in return he will be able to use the development rights equal to that parcel elsewhere and will not suffer any grievance. "In addition, with this regulation, the public will not incur any expenses such as expropriation costs."
“If there is a difference, the public will pay”
Stating that there may be points that require offset after the report, GHD President Kiraz said, “For example, I bought a place worth 10 million liras, and the place I gave is worth 12 million liras. The administration cannot give more precedents. At that point, the relevant administration says, 'If there is a difference, I will pay you and equalize it.' Again, by law, economic value will be taken into account rather than square meters.
For example, you have a 400 square meter place worth 10 million lira in Sakarya, but there may be another place of 300 square meters worth 10 million lira that he will give instead. And if the public or municipality has the opportunity, they will provide it. However, if the administration does not have land, it will still pay the money. Because not every institution may have the same land rights,” he said.
Can prevent confiscation cases without expropriation
Hüseyin Oflaz said that, for example, a property owner who is entitled to zoning transfer on a 200 square meter land in Küçükçekmece can use his right on a 200 square meter land in Sarıyer.
"Now, a property owner in Küçükçekmece whose 200 square meter land costs 1 million lira can buy this anywhere but
It is envisaged that it will be used with a development right of 1 million lira. Again, if he wants to use it in Sarıyer, he will be able to use not 200 square meters, but maybe 100 square meters for 1 million lira. "In addition, the removal of the restriction aims to prevent cases of confiscation without expropriation," he said.
https://www.dunya.com/sektorler/metrekare-degil-degere-gore-imar-transferi-haberi-756544
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