Illegal Construction Without Permit

Illegal Construction Without Permit – Lawyer in Izmir

Law No. 3194 Zoning Law’According to Article 21 of the law, it is forbidden to construct a building without obtaining a permit from the municipality or provincial special administration. Any construction or building constructed without a building permit is considered an illegal structure. Illegal construction can be discovered during the construction phase or after completion. For example, if a property owner expands the windows in violation of the permit after the construction is finished, this constitutes an example of an illegal structure.

If we examine the legislation:

Article 21 – For all structures covered by this Law, except for the exceptions specified in Article 26, obtaining a building permit from the municipality or governorship is mandatory. Any alterations to structures for which a permit has been obtained also require a new permit. In this case, if the gross area of the independent sections does not increase and the nature of the structure does not change, the permit is exempt from any taxes, fees, or charges. However, repairs to joints, interior and exterior plaster, paint, whitewash, gutters, drains, joinery, flooring and ceiling coverings, electrical and sanitary installations, roof repairs and tile replacement, and other alterations and repairs that do not affect the load-bearing elements, as specified in the zoning regulations prepared by the municipalities according to the local characteristics, are exempt from permits. Municipalities or governorships are authorized to determine the exterior paint and coverings, and the material and color of the roof, in order to ensure harmony and aesthetic appeal among structures according to the characteristics of the locality and its surroundings. Structures built before the entry into force of this Law are also subject to this provision.

Legal Sanctions for Illegal Construction:

Construction without a permit, as well as constructions and major alterations to permitted buildings that violate the permit and its annexes, are classified as "illegal constructions" or "constructions in violation of zoning regulations," and their owners are subject to the penalties stipulated by law.

When an unlicensed or illegal construction in violation of the license and its annexes is detected, and the building is still under construction, the relevant technical personnel of the municipality or provincial special administration first prepare a construction suspension report in accordance with Article 32 of the Zoning Law No. 3194. This report documents the current state of construction, and the building is then sealed. Furthermore, information regarding the building's violation of zoning regulations is reported in writing to the land registry office by the relevant administration within seven days at the latest, to be recorded in the declarations section of the land registry records.

Subsequently, a zoning fine is imposed in accordance with Article 42, paragraph 2 of the Zoning Law No. 3194 for the act of constructing a building in violation of zoning regulations. If a building permit is not obtained or the zoning violation is not rectified within the time given after the construction suspension report is issued (if any), or within a maximum of one month if no time was given, a demolition order is issued for the illegal structure in accordance with Article 32 of the same Law.

Finally, a criminal case is filed against the owner of a structure that violates zoning regulations in the Criminal Court of First Instance for the crime of causing zoning pollution, as defined in Article 184 of the Turkish Penal Code.

In the decision of the 14th Chamber of the Council of State dated 31.05.2018 and numbered E:2015/5796, K:2018/4311;
“In this case, upon examination of the building suspension report dated 20/06/2014, which forms the basis of the council decision in question, it was determined that the building's condition was assessed as follows: "the building's floor area was expanded, encroaching on the road and neighboring setback distances; the gallery space was closed off and converted into a room; a second basement floor was constructed that was not included in the project; and the roof was raised for covering purposes, creating attic spaces in a part of it." However, the report did not concretely and meticulously determine the discrepancies with the permit and its attached projects, nor did it thoroughly ascertain the current state of the irregularities in the building. Therefore, the building suspension report, the demolition order, and the administrative fine of 222,677.00 TL were deemed unlawful.“.
 
In the decision of the 14th Chamber of the Council of State dated 27.02.2019 and numbered E:2018/5803, K:2019/1436;
“In this case, since the contractor firm, which is the party that committed the violations of the permit according to the aforementioned construction contract in exchange for a share of the building, is the recipient of the zoning fine, an investigation should have been conducted on this matter and the fine should have been imposed accordingly. However, the contested action regarding the imposition of a fine on the plaintiffs, the landowners, is not found to be in accordance with the law.“
 
In the decision of the 14th Chamber of the Council of State dated 27.01.2015 and numbered E:2014/9878, K;2015/407;
“In this case, the defendant administration issued a demolition order for the entire structure in question; however, since a building permit and occupancy permit were obtained for a 471.5 m2 portion of the disputed structure, and a demolition (and fine) order can only be issued for the unlicensed portions, it is deemed legally incorrect to issue a demolition (and fine) order that also includes the licensed portion.’

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