Zoning Law
Urban Transformation Practices
Urban transformation involves the physical, social, and economic restructuring of cities. InTurkey, urban transformation practices are regulated by the “Law on the Transformation of Areas Under Disaster Risk” enacted in 2012. This law covers the identification of riskybuildings, the demolition of these structures, and the reconstruction process. Urban transformation projects are typically carried out to renovate old, earthquake-prone, andunplanned buildings.
During the urban transformation process, risky areas and buildings are first identified. Theseidentifications are carried out by institutions authorized by the Ministry of Environment andUrbanization. Identified risky buildings are demolished with the consent of the propertyowners, and new, safe structures are built in their place. In this process, various incentives andconveniences are provided to property owners, such as rent assistance, credit support, and taxadvantages.
For urban transformation projects to be successful, local governments, public institutions, andthe private sector must collaborate. This cooperation ensures that projects are implementedquickly and effectively. Additionally, urban transformation projects should emphasize socialfacilities, green spaces, and infrastructure investments. Thus, not only the physical structureof cities is improved, but also the quality of life is enhanced.
Objection Lawsuits Against Zoning Plans
Zoning plans are documents prepared to ensure the orderly and planned development of cities. These plans determine the types of structures that can be built in various areas of thecity, as well as the locations of green spaces, roads, and social facilities. However, objectionsand lawsuits against these plans can arise from time to time. Objection lawsuits againstzoning plans can be filed on the grounds that the plans are unlawful, not in the public interest, or infringe on personal rights.
The objection process against zoning plans begins with the public announcement of the plans. During the announcement period, which usually lasts 30 days, individuals who wish to objectto the plans can submit a petition to the relevant municipality. These objections are evaluatedby the municipal council or the provincial general council. If the objections are rejected, theconcerned parties can file a lawsuit in administrative court.
In lawsuits against zoning plans, courts consider the legality of the plans, their compliancewith urban planning principles, and the public interest. Courts may decide to annul the plansor request amendments to specific parts of the plans. Objection lawsuits against zoning plansare crucial for ensuring the planned development of cities and protecting citizens‘ rights.
Obtaining Construction Permits
A construction permit is a legal authorization required for the construction of a building. Obtaining a construction permit involves following a specific procedure, which is carried outby the relevant municipalities. Buildings constructed without a permit are considered illegal structures and may be subject to demolition orders.
To obtain a construction permit, a project must first be prepared. This project includesarchitectural, static, electrical, and mechanical plans. The project is submitted to the relevantmunicipality for review. The municipality checks whether the project complies with thezoning plan, building regulations, and other relevant legislation. Permits are issued forprojects that meet these criteria.
Another important aspect of the construction permit process is building inspection. Buildinginspection firms ensure that the construction is carried out in accordance with the project andregulations. These inspections are conducted and reported at every stage of the constructionprocess. Building inspection reports are necessary for obtaining an occupancy permit once theconstruction is completed.
Lawsuits for Expropriation Without Compensation
Expropriation without compensation occurs when the state or public legal entities intervene in individuals‘ property rights without authorization. This constitutes a violation of propertyrights, which are protected by the Constitution. Lawsuits for expropriation withoutcompensation are filed against such interventions.
In lawsuits for expropriation without compensation, it is first necessary to establish thatproperty rights have been violated. This determination is made through expert reports andother evidence. If the court determines that property rights have been violated, it orders thestate or public legal entities to compensate the property owner. Compensation is determinedbased on the market value of the property and aims to cover the owner’s losses.
Lawsuits for expropriation without compensation can be lengthy and complex processes. Todefend their rights effectively, property owners should seek the support of an expert legal advisor. Additionally, presenting strong evidence and legal arguments is essential for thesuccess of these lawsuits.
Another important issue in terms of Zoning Law in Alanya is that the evaluation period of the application is very long during building licence applications. With the consultancy service we offer in Zoning Law in Alanya, you can overcome these processes in the shortest time and at the lowest costs.
The purpose of making a zoning plan is to create zoning parcels suitable for construction. For this reason, the location of the immovable may change before and after the zoning plan. As a rule, after the zoning plan, the parcel should appear in a location closest to its previous location. However, in some cases, if it is not possible to provide parcels in close locations, the old parcel is exchanged with a parcel in a different location. In this case, it is very likely that the exchanged parcel is not of the same value as the old parcel. We protect your rights in the best way with our privileged consultancy on Zoning Law in Alanya and Zoning Law Litigation in Alanya.
We prepare construction contracts for obtaining a Building Licence in Alanya and for Contractors in Alanya. While preparing these contracts, we contribute to the preparation of architectural, static, electrical and sanitary projects, not only the legal aspect of the work, but also the draft drawing of the projects by being directly involved in technical and architectural issues. By presenting the draft architectural project during the contract, we reveal what our clients have agreed on. In Alanya, we prepare the technical specifications of the Flat-for-Floor Construction Contracts and clarify the sharing of immovable properties.
Earthquake is an inevitable reality in Alanya, as it is for all of Turkey. As Alanya Zoning Law Consultancy activity, we lead urban transformation practices. In cooperation with building inspection companies that have the capacity to authorise Urban Transformation in Alanya, we receive the report that the building is not durable. We manage the negotiation process by bringing building owners and contractors together and ensure that your building is renewed by entering urban transformation. By bringing you together with A-class contracting companies in Alanya, we ensure that you benefit from the rental assistance offered by the state to the maximum extent during the transformation. In the meantime, we secure the legal future of all parties by contracting the sharing of the new immovable property.
Zoning plans are a regulatory administrative act of the administration. Objecting to these procedures is subject to a time limit. It is very important to object to these procedures on time and to apply for the necessary remedies. If the new Alanya Zoning Plan harms your interests and vested rights, it is important to file a lawsuit as soon as possible.
Public institutions are required to expropriate the buildings and facilities they construct in order to provide public services if they are located on private property. During the expropriation process, expropriation is carried out by appraising the value of this area. Sometimes, if the value appraised by the state is lower than its value, it is necessary to file a lawsuit to raise this price. Our Alanya Zoning Law Lawyers evaluate your file and ensure that your immovable property is expropriated at its value.
Administrations allocate budget for expropriation. However, sometimes the budget is not allocated and sometimes the immovable properties belonging to individuals are used without expropriation with the promise of exchange. Since expropriation decisions are subject to long bureaucratic procedures with the ministry to which the administration is affiliated, the process is prolonged. In this case, expropriation without expropriation occurs. Being an Expropriation Lawyer in Alanya requires serious knowledge. We are at your side with our experience in the case of expropriation without expropriation in Alanya.
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- Şekerhane Mahallesi Antalya, Alanya 07400
