Zoning Amnesty and the Building Registration Certificate — Conditions and Consequences

A current guide explaining the historic zoning amnesty regime introduced by Law No. 7143, the consequences of the Building Registration Certificate, and the limited Treasury immovable sale process extended to the end of 2026 by Law No. 7579.

Provisional Art. 16, added to Zoning Law No. 3194 by Law No. 7143, introduced the historic Building Registration Certificate regime widely known as the “zoning amnesty”. Applications for new certificates are closed. By contrast, Law No. 7579 extended to 31 December 2026 the missed application and certain instalment payment periods for the sale of specified Treasury immovables on which buildings holding a Building Registration Certificate stand. That extension is not a new zoning amnesty or a new right to a Building Registration Certificate.

What Is the Zoning Amnesty and Why Was It Introduced?

The “zoning amnesty” is a historic registration regime introduced under provisional Art. 16, added to Zoning Law No. 3194 by Law No. 7143, for buildings constructed before 31 December 2017 without a permit or contrary to a permit and its annexes. The application and payment periods were extended by presidential decisions; the final application date was 15 June 2019 and payment ended on 31 December 2019. No new Building Registration Certificate application is open in 2026.

What Is a Building Registration Certificate and What Is Its Legal Nature?

A Building Registration Certificate produces temporary effects as to the use of the existing building on the conditions in provisional Art. 16 and is valid until the building is rebuilt or urban transformation is applied. It is not a building permit, an occupancy permit, a document of title or an earthquake-resistance report. The safety of the building against disaster risk is the owners' responsibility; the certificate confers no new right to build in conformity with the development plan.

What Are the Conditions for a Zoning Amnesty Application?

The historic regime applied only to buildings constructed before 31 December 2017. Buildings on privately owned land belonging to third parties, social facility areas belonging to the Treasury, and the specified areas of the Bosphorus shoreline and foreground zone, the Historic Peninsula and the Gallipoli Historic Area identified in the provisional article and the annexed sketches and lists, fell outside the scope. Since the application period has ended, these conditions no longer confer any right to a new application; they are examined in relation to the validity or cancellation of an existing certificate.

How Did the Application Process Work?

Applications were made in the 2018–2019 period, while the scheme was open, through e-Devlet on the building owner's declaration; the certificate was generated once the sum calculated by the system had been paid within the period. That process cannot be used today for a new application. In 2026 the e-Devlet records may be used to view an existing certificate and for administrative examination; they confer no right to a new application, to registration of an additional unit, or to payment of an out-of-time sum.

How Was the Fee Calculated?

During the application period the sum was calculated at three per cent for residential and five per cent for commercial use, on the total of the building's property tax value and its approximate construction cost. Those rates belong to the provisional regime of 2018–2019; they are not an open application or a current tariff for 2026. A false declaration or underpayment may affect the validity of an existing certificate.

Historic Limits of the Zoning Amnesty

Provisional Art. 16 contains special exclusions for immovables in the private ownership of third parties, social facility areas belonging to the Treasury, and the places in the Bosphorus, the Historic Peninsula and the Gallipoli Historic Area identified in the sketches and lists annexed to the article. Scope must be determined not merely by the general name of an area but by the current land registry record, coordinates and the annexed list. A Building Registration Certificate does not certify earthquake safety; the owner is responsible for the building's resistance to disaster risks.

What Effects Does a Building Registration Certificate Have on Property Rights?

The certificate does not create ownership and does not alter land registry boundaries. For conversion to condominium ownership, conditions were required in addition to the Building Registration Certificate: the consent of all owners, that the property not fall within a public service area in the development plan, ground and architectural project documents, and payment of the second sum provided for in provisional Art. 16. A right to purchase directly does not arise in every case for a building on a Treasury or municipal immovable. Under Law No. 7579, for Treasury immovables on which buildings holding a certificate stand, the relevant application or payment period has been extended to 31 December 2026 for those who did not apply to purchase in time and for those who, under an instalment sale, failed to pay more than two instalments when due; the saleability of the immovable and the other statutory conditions are examined separately.

Judicial Review of the Building Registration Certificate

The grant or cancellation of the certificate is an administrative decision. The administrative courts review competence, form, grounds, subject matter and purpose, together with the underlying facts. As regards the right to property, the principles of legality, legitimate aim and proportionality may be examined in the circumstances of the particular case.

Demolition Orders and Penalties Under the Zoning Amnesty

A valid Building Registration Certificate may secure the cancellation, for the building it covers, of demolition orders made under Zoning Law Art. 32 and of uncollected administrative fines under Art. 42. New unpermitted works or works contrary to a permit carried out after the date of the certificate do not benefit from that protection. It cannot be said that earlier decisions automatically “revive” if the certificate is cancelled; a current determination and decision by the administration, final judicial decisions and any vested position are examined on the facts.

Problems and Debates in the Application of the Zoning Amnesty

The zoning amnesty also brought various problems. Foremost among them is that the declaration-based application system lacked verification. The accuracy of the information declared by applicants could not be adequately checked. This could lead to Building Registration Certificates being obtained for buildings that did not in fact exist or were of a different character.

Another problem is that building safety is not guaranteed. A Building Registration Certificate does not certify that a building is resistant to earthquakes or other natural disasters. This creates serious risks, particularly for buildings in seismic zones. The problem became still more visible after the 2023 Kahramanmaraş earthquakes. The environmental effects of the zoning amnesty have also been debated. Registering unauthorised buildings near natural protected sites, agricultural land and forest areas may conflict with environmental protection policies. The limits of the amnesty's scope therefore need to be carefully defined.

Can a Building Registration Certificate Be Cancelled, and What Follows?

A certificate may be cancelled by the administration where the building does not meet the date or scope conditions, is in an excluded area, or where there was a false declaration or an underpayment. The cancellation decision must be reasoned and served; the person concerned may bring an action for annulment and, where the conditions are met, a full remedy action, in accordance with the time limits and jurisdiction rules of the Administrative Procedure Law. Cancellation does not of itself demolish the building; the competent administration must take a further decision under Zoning Law Arts. 32 and 42.

The Zoning Amnesty and Urban Transformation

A Building Registration Certificate does not prevent a determination that a building is at risk, or the application of Law No. 6306. Under provisional Art. 16 the certificate produces temporary effects until the building is rebuilt or urban transformation is applied. Entitlement in transformation does not rest on the Building Registration Certificate alone; the position as to title and rights in rem, Law No. 6306, the project and the administrative decisions are examined together. It cannot be generalised that a person holding a certificate but no title is automatically the owner or entitled in the transformation. Final note: This article has been prepared for general information purposes and does not constitute legal advice. In specific disputes concerning the zoning amnesty and the Building Registration Certificate it is recommended that a specialist attorney be consulted.

Frequently Asked Questions

Can a new Building Registration Certificate be obtained in 2026?

No. The application and payment periods ended in 2019.

What does the 2026 extension cover?

Not a new certificate; on the conditions in Law No. 7579, it covers the application to purchase a Treasury immovable on which a building holding a certificate stands, or certain instalment payments, until 31 December 2026.

Is the certificate a building permit or an occupancy permit?

No; it is a limited and temporary document specific to provisional Art. 16.

Does the certificate show earthquake resistance?

No.

Are additional unauthorised parts built after the certificate protected?

No; works carried out after the date of the certificate fall outside its scope.

Did every building in the Bosphorus foreground zone benefit?

No; the specified areas in the sketches and lists annexed to the provisional article are excluded.