Zoning amnesty is one of the practices developed to prevent illegal and unplanned construction in our country. Since 1984, it has come into force many times. Basically, the aim is to organize the necessary settlement after the deposit of the document amounts and to issue the appropriate title deed document.
At least 25% of the land plots in Istanbul are based on title deeds distributed as a result of squatting, but many other buildings do not comply with the municipal zoning regulations and the project was corrected later. This does not mean that every building benefiting from this zoning amnesty is in violation of the earthquake regulations. In fact, this is technically very difficult. The projects are approved by the municipality one by one. I cannot say it is impossible because we know what can happen in municipal offices. However, it is necessary to say that not only the buildings benefiting from the zoning amnesty, but also the buildings built in accordance with the project can carry the same possibility to the same extent. When you apply to the municipality and your building is not earthquake resistant, the electricity and water of that building is cut off within 3 months by law. What should be feared here are the buildings that do not ask the municipality for a report on earthquake resistance.
The apartment I am currently living in is one of the houses that have been regulated within the scope of the last zoning amnesty regulation. The apartment complies with all of the earthquake regulations in question and the standard of concrete used is exceptionally above the lower limit written in the relevant legislation. The building is built on a raft foundation and has bored piles. However, we had a problem with the municipality regarding the condominium easement.
When the municipality's water and sewerage works shifted the main line by 1 meter outside the zoning plan in the region, the whole street was taken to court. We won this court case. The big problem was that the problem that caused us to be in court with the contractor was that he added the living room balconies to the living room in order to increase the net usage area on the middle floors, which was not in accordance with the project. In addition, he arranged his own apartments in violation of the project in such a way that the usage area was 5-10 meters larger than the other apartments. The contractor had sold all his apartments and rejected the cost of this arrangement. The court case dragged on for years. We, the landowners, could not get the condominium easement due to this problem we had with the contractor. The deeds were not properly arranged. With the zoning amnesty law, a new project was drawn and approved by the municipality.
In short, the Zoning amnesty Regulation is a 'Turkish type' business model that has been traditional for about 40 years as a way to regulate such project violations and in the meantime create a serious input for the municipalities and the treasury. It is not appropriate, it is not right, but it was deemed more costly by the authorities to demolish or partially demolish the structures in question because the attic is 30 centimeters high or the net usage area is 5 square meters larger than the project. In the zoning amnesty, on the other hand, tax and fee evasions are collected and you gain votes. I am not arguing that it is right, but this is the situation in our country.
This state distributed title deeds to people who squatted on treasury lands. On lands that were closed to construction or had very limited building permits, constructions were built in violation of the regulations. Municipal officers were bribed like crazy and these constructions were condoned. Who remembers the 1996 Habitat Istanbul conference? One of the main problems throughout Istanbul is the lack of urban planning, which has now become a world trademark. More than 10 suburbs in Istanbul have been built completely illegally and the infrastructure has been built later. I am talking about districts with a population exceeding 1 million today. The legal proof of ownership is the title deed. Although the called mukhtar deed is not valid for cadastral areas, many title deeds have been distributed in this way. Do you remember the 2B law? This included bringing these structures into compliance with the law. In modern cities, zoning is planned first and then infrastructure is built. In Istanbul, and Izmir, and in the expansion areas of all other metropolis these are the second and third steps. Zoning amnesty is perhaps the smallest part of all these problems.