"The Communiqué on the Procedures and Principles for the Issuance of Building Registration Certificates" (the "Communiqué"), which closely concern citizens, has been published in the Official Gazette dated 6 June 2018 and numbered 30443 and came into force starting from the publishing date in order to eliminate the contradictions to the zoning legislation in our country where real estate is regarded as the number one safety investment instrument.
The Communiqué consists of matters related to the applications for obtaining the Building Registration Certificate, the calculation and payment of the Building Registration Certificate Fee, the sale of immovable properties of the Treasury granted the Building Registration Certificate, the buildings that are not subject to be given the Building Registration Certificate and the sanctions to be performed for those who are making false statements during drafting documents period.
1. Application for obtaining the Building Registration Certificate
The Building Registration Certificate is a certificate that has the intent (i) to record the buildings that do not have the construction license or that are against the license and its annexes and (ii) to provide the zoning peace within the terms of preparation for the disaster risks; that granted to the buildings built before 31 December 2017 provided that the application has been made until 31 October 2018 to the Ministry of Environment and Urbanization (the "Ministry") and the institutions authorized by the Ministry and; the registration fee has been paid by 31 December 2018 . It has been envisaged that this period can be extended up to 1 year by the Council of Ministers.
The application can be made by applying to the institutions and organizations as well as via e-Government by any of the building owners or their attorneys.
2. Building Registration Certificate Fee and its Payment
The Building Registration Certificate Fees are calculated by taking into consideration the estate tax value of the building area and the total construction surface of the building. The Building Registration Certificate Fees shall be calculated by multiplying rate of the area which does not comply with the zoning legislation to the total amount of the approximate building cost, with the rates of 5% if the building is in commercial use and 3% if the building is in residential use. The field shares have to be taken into consideration separately depending on the commercial, residential or combined use of the areas. The details of unit costs to be applied when determining the approximate cost of building are expressly indicated in the Communiqué.
The Building Registration Certificate will not be granted to the buildings that do not comply with the zoning legislation and do not have a construction license or an occupancy permit without paying the full amount of the Building Registration Certificate Fee.
Regarding the buildings which do not comply with the zoning legislation and do not have a construction license or an occupancy permit, building owners are required to participate in the payment of the Building Registration Certificate Fee equally for the entire building in accordance with the usage of their independent section. However, it should be noted that the building owner who pays the full amount of the Building Registration Certificate Fee may claim the amount falling on its own shares from other building owners.
In case the buildings that have an occupancy permit but which do not comply with the zoning legislation, the Building Registration Certificate shall be granted by stating the independent section(s) that are contrary to law, if the owner of related independent section(s) pays the Building Registration Certificate Fee. Although their independent section does not comply with the zoning legislation, those who do not pay the Building Registration Certificate Fee cannot benefit from the Building Registration Certificate for another independent section in the same building.
Building Registration Certificate Fee shall be paid to the central accountancy unit of the Ministry.
3. Usage Area of Building Registration Certificate
The owners of the buildings which are granted the Building Registration Certificate shall give a copy of this document to municipality and the relevant municipality within the adjacent area borders or to the special provincial administration outside these borders.
Pursuant to the Communiqué, the water, electricity and natural gas services can be temporarily connected to the buildings that are granted the Building Registration Certificate by considering the subscriber group defined in the relevant legislation upon request. Moreover, it is stated that demolition orders and uncollected administrative fines for buildings given the Building Registration Certificate shall be revoked.
In the presence of the buildings which are granted the building license but not the occupancy permit after granting the Building Registration Certificate, establishment of rights or changes at the deed title and land use conversation can be made. However, it is required to apply to the relevant title deed office together with the Building Registration Certificate and the other documents listed in the Communiqué and; to pay the amount paid for the Building Registration Certificate to the central accounting unit of the Ministry.
According to the Communiqué, the Building Registration Certificate can be granted and incomplete construction works for parts granted the Building Registration Certificate may be completed, on condition that no additional construction area is not created for the finished parts as 31 December 2017.
Simple repairs and modifications, which can be made without obtaining a license, can be made in buildings that have been given the Building Registration Certificate.
Workplace opening and operation permit shall be given without seeking for occupancy permit in buildings that have been given the Building Registration Certificate.
The buildings which shall not be granted the Building Registration Certificate are stated expressly in the Communiqué. It is stated that the Building Registration Certificate which has been granted to relevant buildings shall be cancelled and the rights provided in that certificate shall be revoked. Moreover, it is regulated that the amount deposited under the name of the Building Registration Certificate Fee shall not be refunded and a criminal complaint shall be filed for those who make false statements during drafting documents period.
4. Buildings on Immovable Properties of the Treasury and the Municipality
In case that buildings which are granted the Building Registration Certificate were built on the immovable properties of the Treasury, the immovable properties shall be assigned to the Ministry except those which are within the scope of special laws and required to be evaluated. After the allocation process, these immovable properties will be sold directly by the Ministry at the market value upon the request of the certificate holder of the Building Registration Certificate and their legal or current successors. The market value will be determined by the Ministry or will be determined by third party entities by the force of the Ministry.
It is stated that the Building Registration Certificate may also be granted to the buildings built on the immovable properties on which municipalities have private ownership. In such a case, the immovable property shall be sold directly by the municipalities at the market value, upon the request of the owner of the Building Registration Certificate and their legal or current successors on the condition that the price is paid to the relevant municipality.
5. Validity Period of the Building Registration Certificate
It is envisaged that the Building Registration certificate will be valid until the reconstruction of the building or urban transformation application. In case of building renewals which are granted the Building Registration Certificate, the provisions of the zoning legislation will be applied.
In addition, it is stated that contradiction to earthquake resistance of the buildings and; science and craft norms and standards will be under responsibility of the building owner.
6. Inspection
The works and transactions related to the granting of the Building Registration Certificate shall be inspected by the Ministry.
It was envisaged that during the Building Registration Certificate drafting period, a criminal complaint shall be filed in accordance with the “Providing False Information in the Course of Issuing an Official Document Article” against those who make false statement in the application to the e-Government system or institutions and organizations.
In case there is a false statement found during Building Registration Certificate drafting period and if this matter has caused undercalculation of Building Registration Certificate fee, the missing amount will be charged to the relevant breaching person. If the missing amount is not paid in due time, it is stated that the Building Registration Certificate that granted shall be cancelled and the prepaid amount shall not be refunded.
By Duygu Bozkurt, Attorney at law, Moral & Partners
