Building Registration Certificate Canceled What Will Those Who Do?

The Directorates of Environment and Urbanization intensified their inspections on buildings that are against development. There are heavy cancellations in the existing Building Registration Documents.

2.5 million buildings can be demolished within the scope of Zoning Peace

The Directorates of Environment and Urbanization intensified their inspections on buildings that are against development. There are heavy cancellations in the existing Building Registration Documents. However, Zoning Law Specialist Av. Gökhan Bilgin says that these decisions can be appealed to the court and citizens can get their Building Registration Documents back.

As a result of the inspections initiated in 81 provinces within the scope of the regulation of Zoning Peace, document cancellations and demolitions about applications against the legislation started. Approximately 10 million structures were applied for the purpose of Reconstruction Peace. Approximately 2.5 million of these applications are expected to be canceled. Since the buildings whose Building Registration Certificate is canceled are classified as illegal buildings, the related buildings will face demolition and fines.

What kind of process awaits the citizen after the termination?

The decision regarding the annulment of the Building Registration Certificate is an administrative act, and an annulment action can be filed against this decision before the administrative court where the relevant governorship is located. The owner of the Building Registration Certificate, who has notified such a decision, must file a lawsuit within 60 days.

In this context, it is not possible to cancel the Building Registration Documents issued for buildings built before 31.12.2017, except for the clear exceptions stipulated in the Zoning Law. These exceptions are clearly stated in the Provisional Article 3194 of the Zoning Law No. 16 and in the Communiqué on the Procedures and Principles Regarding the Issuance of Building Registration Certificate, which regulates the implementation of this article.

Building Registration Documents that cannot be canceled

For example, in case of cancellations regarding the buildings located in the 'site' areas, since this is not one of the areas considered as an exception in the Zoning Law, the annulment decision can be revoked when a judicial remedy is filed against the decision of the relevant administration. Another common issue is the cancellation of the Building Registration Documents given for the completed parts of the buildings under construction as of 31/12/2017 due to the construction activities within the scope of the completion of the missing construction works. However, if there is a part built after this date, only the additional unlicensed part may be canceled and therefore demolition and fines may be imposed, not for the entire building.

Demolition and fines can also be lifted

Zoning Law Specialist Av. Gökhan Bilgin stated that if the cancellation decision of the Building Registration Certificate given by the administration is revoked, the legal validity of the Building Registration Certificate will continue and the relevant building will have the same status with a resettled structure and if any, demolition and fines will be lifted.