Our announcement regards the updates on “Procedures and Principles for the Granting of the Building Registration Certificate (“Certificate”) published by the Environment and Urban Ministry (“Ministry”) in the Official Gazette dated 6 June 2018 and numbered 30443 in scope of town planning peace.
“Application for the Certificate”, “value and payment of the Certificate”, “sale of Treasury’s Certified real estates”, “buildings that shall not be Certified” and “sanctions regarding fraudulent statements serving the purpose of granting of the Certificate” issues are regulated under the Communique in scope of “Town Planning Law” dated 3 May 2018 and numbered 3194.
Also, with Ministry’s another communique named “Procedures and Principles Regarding the Amendment of the Procedures and Principles Regarding the Grant of the Building Registration Certificate” dated 20 September 2018 and numbered 30541 some amendments have been made on the former Communique.
In this respect, buildings that lacks Certificate or residential usage licence may be Certified for the use of whole building. However, granting of the Certificate shall follow a different procedure for those buildings that only has usage licence.
Moreover, some amendments have been made on “building registration certificate’s value and payment” and “places that building registration certificate may be used” articles of Communique. Mentioned articles regulates; “calculation of the Certificate’s value”, “buildings that are exempted from payment of the Certificate value” and “penalties shall be paid upon contradictions with regulations”.
Furthermore, it is stipulated that an allegation shall be made in accordance with the Turkish Criminal Code dated 26 September 2004 and numbered 5237 if an unlawful granting of the Certificate is determined.
Supervision of the works and transactions related to the Certificate will be conducted by the Ministry. With the Communique, provisions relating to the supervision of the works and transactions have also been amended.
You may find the full text of amendments regarding the Communique hereby.
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Ersin Nazalı Yönetici Ortak, Avukat, YMM enazali@nazali.av.tr |
Hatice Zümbül Direktör, Dava ve Uyuşmazlık Çözümü hzumbul@nazali.av.tr |