5 Questions about Transfer of Development Rights

The Ministry of Environment, Urbanization and Climate Change shared with citizens the details of the “transfer of development rights” regulation introduced within the scope of the “Law Amending the Village Law and Certain Laws”. This regulation was passed into law by the Grand National Assembly of Turkey on December 5.

As CEESS Global, we explain the details of this important legal amendment and answer the most curious questions of citizens.

1. Which Lands will it Cover?
The zoning right transfer regulation covers the parcels that were allocated to public service areas (such as schools, hospitals, municipal service areas, official institution areas) in the zoning plans before 2019, but could not be expropriated for many years and remained in the ownership of citizens.

2. What will citizens gain with the Transfer of Zoning Rights?
Citizens will get rid of legal problems arising from their inability to benefit from the right of construction due to the fact that all or part of their parcels remain within public service areas. This regulation aims to eliminate the victimization of citizens and provide them with the zoning rights they deserve.
 

3. Will citizens' property be confiscated by force?
No, there will be no forced confiscation of citizens' property. On the contrary, the zoning rights corresponding to the parcels or shares that citizens cannot use will be used in another area determined by the zoning plan decision. In this way, citizens will regain their zoning rights and new service areas will be provided to the public. All these transactions will be carried out in the public and social interest.

4. How will the Transfer of Rights be Made?
The value of citizens' unusable development rights will be determined in accordance with the Expropriation Law. The rights corresponding to this value will be transferred to the areas determined by the zoning plan decision and the rights of the citizens will be delivered.

5. How will the value be determined?
The price determination will be carried out by independent valuation institutions licensed by the Capital Markets Board in accordance with the principles of real estate valuation. The Ministry and local governments will carry out zoning plan approval processes within their jurisdiction and ensure that citizens are not victimized.