LATEST AMENDMENTS AT ZONING FORBEARANCE COMMUNIQUE

The Communiqué Amending the Communiqué on Procedures and Principles Regarding Issuing of Building Registration Certificates (“Communiqué“), which is published in the Official Gazette and entered into force on 20 September 2018, has brought important changes in order to overcome obstacles which have arisen during zoning forbearance practice.

 

One of the most conspicuous amendment introduced by the Communique is being able to obtain separate building registration certificate for each independent section in a building, which has an occupancy permit.

 

On the other hand, there was a question mark as to unit costs of certain buildings, which have not been explicitly prescribed in the previous legislation. The Communiqué sets unit costs for certain other types of construction, such as power plants, marine structures like piers, and structures that do not qualify as buildings, such as sustaining walls. For buildings whose approximate construction cost is calculated on the basis of how many stories they have, basement levels will be counted as stories for the purposes of calculation.

 

There is also an important change at the Communique, which prevents buildings with large construction area from being charged registration fees based on whole construction area of the building due to minor incompliances.

 

Based on the Communique, the approximate construction cost for buildings that are used as single independent units according to their occupancy permits -such as shopping centers, hospitals, hotels, factories and workshops- will be calculated based on only the construction area of the noncompliant part, rather than the entire building. If the incompliance has not resulted in additional area or if the noncompliant part occupies 1000 m2 or less, the approximate construction cost will be calculated on the basis of 1000 m2 construction area.

 

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