Tiny Houses are among the trendy real estate properties of the last period. People in the middle and upper income groups living in big cities, especially in the middle and upper income groups, are trying to own a Tiny House, caravan or prefabricated house by buying 500 m2 to 1000 m2 green areas & fields in regions such as Şile, Ömerli, Çanakkale, Avşa, Çatalca and Balıkesir in Istanbul, which started during the pandemic process and intensified especially recently with the fear of earthquakes. People think that it is legal to build such structures without the need for a license because they are foundationless or portable in these areas without zoning permission. 

Are Tiny Houses illegal?
Before answering this question, it is necessary to explain the concepts of land and land.

The Property Tax Law defines land as follows:

“Land parceled by the municipality within the boundaries of the municipality is considered as land.”
In order for a land to be defined as land, it must be parceled. Therefore, all land is land, but not all land is land. While construction is permitted on plots of land, there is no building permit on land as the parcel work has not yet been completed. This distinction is critical when making investment decisions. For a land to reach its maximum value, it must have a building permit. If a land is not parceled, that is, if it is not a plot, it will take a longer time to find its true value, which will extend the return on investment.

In light of this information, let's answer the question of whether Tiny Houses are legal. A Tiny House built in accordance with the plans on an immovable property that carries the land qualification within the planned area is of course legal. However, unfortunately, not every immovable property where Tiny House is built does not qualify as land, so these structures are unfortunately not legal. The area where you plan to build a Tiny House can be land or land. If it has the characteristics of land, the desired structure can be built within the plans. However, if it is not land but land, it is not possible to build a Tiny House in this area.

What are the legal risks for Tiny House?
Zoning Law No. 3914 tells us that, according to the Unplanned Areas Zoning Regulation, it is not legal to build on every land. Up to 4,999 m2 of green areas & fields are prevented by law from being built on in any way. If the area to be invested in is over 5,000 m2, small buildings and outbuildings can be built, provided that they support agricultural activities. 

There are also risks for Tiny Houses built without a zoning permit. If the municipality detects this illegal construction, it seals the structure. The judicial authorities can also open a public case. People's hard-earned savings may be wasted.

Are those who sell these areas not aware of this law?
Unfortunately, this is one of the most important problems of the real estate sector. There are many people whose profession is not real estate and who are trying to earn commissions from the purchase and sale of real estate. I don't think these brokers know the laws. Even if they do, they don't think about the negativities that the investor will experience after the trade is realized because they prioritize earning commissions rather than guiding investors correctly. Unfortunately, people make wrong investments due to the misguidance of brokers who are not experts.

So what should people do?
If people want to avoid making mistakes in the field of real estate and prevent their savings from being wasted, they should definitely make their investment decisions under the guidance of real estate investment experts. They should carefully approach the real estate offered to them as an opportunity by brokers. Even if they do not work with a real estate expert, they should go to the relevant municipality, special provincial administration, zoning directorates, Ministry of Agriculture and Forestry and check the zoning status of the real estate they will invest in. This is very, very important.

So is owning a Tiny House a dream for people? 
Not at all. If there is a zoning status in the area where they want to invest, that is, if it is in land status, they can build the structure they want according to the zoning right given by the municipality. Under the guidance of an expert real estate consultant, people can own a Tiny House in accordance with the law and live with their loved ones with pleasure and peace of mind.

I am Semih Sarıalioğlu, your Real Estate Investment Expert. With my 24 years of experience in real estate, I will try to enlighten you, answer your questions, and be your guide in the field of real estate in my column. I am waiting for all your questions in the field of real estate.