With the rapid increase in urbanization in Turkey, zoning plans and the amendments made to these plans have gained significant importance. Zoning plans are public regulations that directly affect individuals' property rights. Amendments to these plans may at times lead to violations of individuals' rights and cause serious disputes. Especially with the implementation of urban transformation projects, the number of such disputes has increased.
Urban Transformation
According to Law No. 6306 (Law on the Transformation of Areas Under Disaster Risk):
Urban transformation refers to making disaster-prone areas, risky structures, and reserve construction areas resilient to disasters by reassessing, strengthening, or demolishing and rebuilding them.
Urban transformation is a multifaceted process implemented especially in regions that carry disaster risks, aiming to increase life safety and eliminate unhealthy urban structures. The legal foundation is extremely important in this process.
Urban transformation projects are long-term processes involving the cooperation of multiple parties. Disputes may arise during these processes. Resolving disputes that emerge during urban transformation is crucial both from a legal perspective and for the timely implementation of the projects.
Mediation plays an important role in resolving disputes related to urban transformation and has become a frequently used method. Mediation is a reconciliation process that parties voluntarily engage in with the support of a neutral and expert third party to resolve their disputes. Mediation saves time, as disputes are resolved much faster compared to court proceedings and at a lower cost. The dispute remains under the control of the parties. It provides a solution without damaging the relationship between the parties. In cases where no agreement is reached, legal remedies can still be pursued. In this process, obtaining assistance from a lawyer is highly important.
Zoning Plan Amendments
A zoning plan is a plan that determines the current and future usage of a settlement area, regulates the conditions of construction, and is prepared with consideration of the public interest.
The main justifications for making amendments to zoning plans are as follows:
Reassessment of public interest,
Adapting to current building conditions,
Implementation of urban transformation projects,
Requirements of new transportation routes or public investments.
The urban transformation process involves not only the demolition and reconstruction of buildings but also the reorganization of the area through zoning plans. Zoning plan amendments are made to change parts of the plan in cases where the current implementation plans do not meet the needs or pose application problems.
In accordance with Zoning Law No. 3194:
Existing zoning rights are reassessed,
Criteria such as density, height, and intended use are determined through the plans,
Necessary infrastructure and social reinforcement areas (green areas, parking lots, roads, etc.) are planned.
In order to realize urban transformation projects, amendments to zoning plans may be made. These amendments are carried out by the municipality or the Ministry of Environment, Urbanization and Climate Change. Amendments made within the scope of urban transformation must comply with plan integrity and the principle of public interest, and must be made with consideration of the needs of the built environment. Plan amendments that are contrary to the law may be subject to litigation in administrative courts. These actions are undertaken based on public authority and for the purpose of serving the public interest. The amendments made may affect the property rights of immovable property owners. Property owners have the right to object and seek judicial remedies.
