How do you apply for the zoning amnesty (İmar Barışı) through e-Devlet? Where and how can you check the zoning status of residences? What factors are considered in calculating the zoning amnesty fee and how is the calculation done? What is the İmar Barışı? How are payments for the Building Registration Certificate made? Who and which structures are covered by the zoning amnesty? Will certificates be issued to those without title deeds? Will occupancy permits (iskan) and title deeds be granted for structures covered by the amnesty? We summarize all these topics and the main details of the zoning amnesty below.
What Is the Zoning Amnesty (İmar Barışı)?
The İmar Barışı aims to resolve disputes between citizens and the state by legalizing buildings that are noncompliant with zoning regulations, lack permits, or deviate from permit attachments, by registering them with the Ministry of Environment and Urbanization. The program also covers buildings that were constructed according to regulations but later had unauthorized additions that disrupted compliance, bringing them into official records. Applications can be submitted through e-Devlet. The regulation is expected to resolve zoning and occupancy issues for millions of residences.
How and Where to Apply? What Is the Deadline?
Applications are made via the e-Devlet system or through organizations authorized by the Ministry, and can be tracked on e-Devlet. Provincial Directorates of Environment and Urbanization will provide information and support to citizens. You can also contact the Ministry via the Alo 181 call center. Applications began in June and continued through June 15, 2019.
How Is the Building Registration Certificate Fee Calculated?
The application fee for the Building Registration Certificate is calculated based on the sum of the land’s real estate value and the building’s estimated construction cost. Whether the structure is used exclusively for residential or commercial purposes, or mixed-use, is taken into account. In mixed-use buildings, the land share is apportioned separately for residential and commercial areas. The fee rate is 3% for residential areas and 5% for commercial areas.
The Building Registration Certificate fee must be paid by December 31, 2018. If necessary, the Cabinet may extend the application and payment period by up to one year. Still, after applying it is advisable to prepare the payment gradually to cover the amount due.
Which Buildings Are Covered by the Zoning Amnesty?
The İmar Barışı covers all residences. The registration fee varies by building, but a 3% rate is planned to apply uniformly for residential portions. Each owner may declare each apartment as an independent unit. This measure, designed for disputed structures, does not permit irregular practices.
The start date is December 31, 2017. However, some areas such as the Bosphorus shoreline and front sight zones in Istanbul and parts of the Historic Peninsula are excluded from the amnesty. Any decisions or administrative fines issued before the amnesty may be annulled.
Will Title Deeds Be Issued for Structures Without Zoning Approval?
Unauthorized buildings will not receive a standard title deed; instead, a registration certificate will be issued. A Building Registration Certificate does not confer additional zoning rights.
Can Owners Convert to Condominium Ownership (Kat Mülkiyeti) under the Amnesty?
After obtaining the Building Registration Certificate, owners who wish to convert to condominium ownership may apply to the land registry and pay an additional fee equal to the amount already paid for the registration certificate to proceed with conversion.
In addition to the Building Registration Certificate, for condominium ownership the following are required:
A project prepared by an architect showing the exterior facades, interior divisions, independent units, extensions, common areas and the proportional land shares calculated according to the positions and sizes of independent units; the project must list the floor, apartment, office numbers or similar designations, show construction areas and owners, and be signed by the primary property owner or all co-owners and submitted electronically to the Land Registry Office.
- A document from the relevant municipality confirming abandonment of areas that correspond to public service zones in zoning plans,
- A management plan tailored to the usage of independent sections and, if multiple buildings exist, to the characteristics of those buildings, signed by the owner(s) establishing condominium ownership,
- A ground determination report prepared by licensed survey-engineering offices or Licensed Mapping and Cadastre Offices (LİHKAB) demonstrating compliance between the Building Registration Certificate and the ground and architectural projects.
How Is the Building’s Estimated Cost Calculated?
When determining the building’s estimated construction cost, unit cost rates are applied as follows:
- Simple agricultural buildings: 200 TL per square meter
- 1–2 story buildings and simple industrial structures: 600 TL per square meter
- 3–7 story buildings and integrated industrial structures: 1000 TL per square meter
- 8 or more story buildings: 1600 TL per square meter
- Luxury buildings, villas, shopping complexes, hospitals, hotels and similar structures: 2000 TL per square meter
- Solar Power Plants (GES): calculated based on 100,000 TL per MW
How to Apply for the Zoning Amnesty via e-Devlet?
To apply through e-Devlet, you must first have one of the following: an e-Devlet password, electronic signature, mobile signature, electronic ID card or an internet banking login method.
The application form you complete will be used to determine the Building Registration Certificate fee. The fee you must pay for each processed application will be displayed within this service.
- After logging into e-Devlet, search the service name in the search bar as “İmar Barışı Kayıt Başvurusu ve Sorgulaması”.
- To access this service directly on e-Devlet, use the relevant service page on the e-Devlet portal.
- When you enter this service, any registration applications you have submitted for zoning violations and that are being processed will be displayed. If you have not yet applied, click the “New Application” button on the screen to begin.
- When you click the “New Application” button, an information and consent screen appears. Read the information carefully and check the box that says “I have read and accept the above information.” Then click “Continue”. You cannot proceed without checking this box.
- On the next screen, applicant details must be completed. If you select “Independent Unit” or “Entire Building” under the scope of noncompliance, the “Usage Purpose of the Entire Building” field will open. Even if the scope is a single independent unit, you must indicate the intended use of the entire building in this field.
- Based on the selection in the Applicant Details screen, the Building Details form will change. Complete the relevant form and click “Continue”. You can review and, if needed, edit the information by clicking the “Edit” button at the bottom of the page, which returns you to the “Applicant Details” screen. To finalize the application, click the “Apply” button at the bottom of the page. After clicking “Apply”, the Result screen opens.
When you click “Apply” on the preview screen, the application will be queued. The status of your application will be sent to your verified mobile phone via SMS and, after processing, will appear on the “My Applications” page. To start the payment process for the Building Registration Certificate fee you must perform the “Confirm” action on the My Applications page. Until you confirm, you may cancel or update your application.
- Your processed zoning amnesty registration applications are displayed on this page. To complete the application and start payment, use the “Confirm” link in the table. You may cancel or update the application until you confirm. Clicking “Confirm” opens the confirmation screen.
- On the confirmation screen, click the “Confirm My Application” button at the bottom to approve the displayed application. Once you confirm, the payment amount calculated based on your declaration will be reported to relevant institutions. After confirmation, you cannot change the declared information.
- Your declaration and confirmation request will be processed, and payment details and where to pay will be sent to your verified mobile phone via SMS.
On the details screen you can click the print option to obtain a hard copy of the document.