Planned Areas Zoning Regulation — Fundamental Rules and Applications

The Planned Areas Zoning Regulation is the fundamental regulatory text that determines the technical rules and standards of construction in areas with zoning plans, issued pursuant to the Zoning Law No. 3194. The regulation contains application rules covering a wide spectrum from building dimensions to setback distances, from parking arrangements to elevator requirements. This article comprehensively examines the fundamental provisions of the regulation, FAR and BCR calculations, setback distances, and exceptional provisions.

Scope and Legal Basis of the Planned Areas Zoning Regulation

The Planned Areas Zoning Regulation was issued pursuant to Article 44 of the Zoning Law No. 3194 and covers all construction activities within the boundaries of municipalities and adjacent areas with zoning plans. The regulation first entered into force in 1985 and has been updated through various revisions over time. The current regulation was published in the Official Gazette dated July 3, 2017, No. 30113, and entered into force.

The purpose of the regulation is to ensure unity and integrity in the implementation of zoning plans, to determine construction standards, and to ensure life and property safety. The regulation establishes the minimum standards that must be applied in all municipalities. However, municipalities have the authority to make additional arrangements suitable for their local conditions, provided they do not fall below the minimum standards specified in the regulation.

The regulation regulates in detail subjects such as building order, building setback limits (setback distances), building heights, number of floors, building coverage ratio (BCR/TAKS), floor area ratio (FAR/KAKS), floor space index, parking, shelters, elevators, stairs, chimneys, roofs, garden walls, and caretaker apartments.

What Is BCR (Building Coverage Ratio / TAKS) and How Is It Calculated?

The building coverage ratio (BCR/TAKS) is a planning criterion that expresses the ratio of the building's footprint area to the parcel area. BCR determines how much area can be covered on the ground floor of a parcel. Pursuant to the regulation, if BCR is not specified in the zoning plan, it cannot exceed 0.40 in residential areas.

BCR calculation formula: BCR = Footprint Area / Parcel Area. For example, if BCR is 0.40 on a parcel of 500 sq m, the ground floor footprint area can be at most 200 sq m (500 x 0.40 = 200 sq m).

The entire area enclosed by the building's exterior walls is taken into account in the footprint area calculation. However, the regulation excludes certain areas from the footprint area calculation. Elements such as interior gardens, passages, courtyards, open parking areas, and areas designed as floor gardens that do not sit on the ground on the parcel may not be included in the BCR calculation.

What Is FAR (Floor Area Ratio / KAKS) and How Is It Calculated?

The floor area ratio (FAR/KAKS) expresses the ratio of the building's total construction area to the parcel area and is also called the floor space index. FAR determines how much total construction area can be created on a parcel. FAR is calculated by dividing the sum of the gross areas of all floors by the parcel area.

FAR calculation formula: FAR = Total Construction Area / Parcel Area. For example, if FAR is 2.00 on a parcel of 1,000 sq m, the total construction area can be at most 2,000 sq m (1,000 x 2.00 = 2,000 sq m).

Certain areas are not included in the FAR calculation. According to the regulation, the main areas excluded from the floor space index include: enclosed parking areas required by zoning plan decisions (within certain limits), shelter areas, elevator shafts, light wells, waste sorting areas, stairs and landings (within certain limits), common spaces and storage in basement floors, water tanks, generator rooms, and essential technical areas such as mechanical installations.

What Are Setback Distances (Building Approach Limits)?

Setback distances express the minimum distance of the building from the parcel boundaries and are also called building approach limits. Setback distances are the minimum distances specified in the zoning plan or regulation. These distances aim to ensure sufficient distance between buildings, provide air and light, ensure fire safety, and protect privacy.

According to the Planned Areas Zoning Regulation, setback distances are determined in four directions: front setback (road frontage), rear setback, and side setbacks (right and left). If setback distances are not specified in the zoning plan, the minimum distances determined in the regulation apply.

Front yard distance (front setback): At least 5 meters if not specified in the zoning plan. Rear yard distance (rear setback): Cannot be less than half the building height, minimum 3 meters. Side yard distance (side setback): Cannot be less than half the building height, minimum 3 meters. However, side yard distances do not apply in attached-order construction.

Non-compliance with setback distances results in the cancellation of the building permit and the building being considered in violation of its permit. Demolition may be ordered for buildings that violate setback distances. Therefore, correct calculation of setback distances at the project stage is of great importance.

How Are Building Height and Number of Floors Determined?

Building height and number of floors are determined according to the construction conditions specified in the zoning plan. The Planned Areas Zoning Regulation regulates in detail the rules to be used in calculating building height.

Building height is the distance from the top of the first floor slab above the basement to the eave level. The eave level refers to the highest point reached with the roof from the top level of the last floor ceiling slab. If the attic is used, the roof height is also included in the building height.

The number of floors is specified in the zoning plan and is generally given together with the building height. For example, the expression "5 floors, h=15.50 m" in the plan indicates that the building can have a maximum of 5 floors and the building height cannot exceed 15.50 meters. If there is a conflict between the number of floors and the building height, the lower value prevails.

Basement floors are not included in the building height calculation, but whether they are included in the floor count is debatable. According to the regulation, basement floors that remain below the natural or regulated ground level are not included in the floor count. However, basement floors that remain above the ground level are included in the floor count.

Parking Regulations

The Planned Areas Zoning Regulation mandates the allocation of parking areas in buildings. The parking obligation varies according to the building's intended use and size. The parking regulation determines the minimum number of parking spaces required for each building.

For residential buildings: At least 1 parking space per unit for residences up to 200 sq m gross, and at least 2 parking spaces per unit for residences exceeding 200 sq m gross. For commercial buildings: At least 1 parking space for every 30 sq m of gross construction area. Similar ratios apply to office buildings.

Parking areas can be arranged inside the building (enclosed parking) or outside the building (open parking). Enclosed parking areas may not be included in the FAR calculation within certain limits. Open parking areas are not included in the BCR calculation. If the parking obligation cannot be fulfilled, municipalities may collect a parking fee.

Elevator Requirements

The Planned Areas Zoning Regulation mandates elevator installation in buildings of certain heights and floor counts. At least one elevator must be installed in buildings with a height exceeding 12.80 meters or a floor count exceeding four floors (excluding basement). In buildings requiring disabled access, the elevator requirement applies regardless of the number of floors.

In buildings where elevator installation is mandatory, the elevator cabin must be of dimensions suitable for disabled use. The minimum interior dimensions of the elevator cabin should be 110 cm x 140 cm, and the cabin door should be at least 90 cm wide. These dimensions have been determined to enable wheelchair users to use the elevator comfortably.

Elevator shafts are not included in the FAR calculation. This provision was introduced to encourage building owners to install elevators. The elevator registration certificate is among the mandatory documents to be submitted with the occupancy permit application.

Shelter Requirements

Pursuant to the Planned Areas Zoning Regulation and the Shelter Regulation, shelters are mandatory in buildings of certain sizes. A shelter is a special structure built for the purpose of protecting people during extraordinary situations and wartime. The shelter requirement varies according to the building's intended use and size.

Shelter construction is mandatory in residential buildings exceeding 1,500 sq m. Different thresholds apply to commercial and industrial buildings. Shelter areas are not included in the FAR calculation. The shelter compliance certificate is among the documents to be submitted with the occupancy permit application.

Roof and Attic Use

The Planned Areas Zoning Regulation contains detailed rules regarding roof design and attic use. The roof slope is determined according to the climate conditions and architectural characteristics of the region. The roof ridge height can be at most a certain height from the top level of the last floor ceiling slab on which the roof rests.

Attic use is possible under certain conditions. Whether the attic floor is included in the FAR calculation depends on the intended use. According to the regulation, areas located in the attic that do not constitute independent sections (mechanical areas, storage, etc.) may not be included in the floor space index calculation. However, if the attic is used as an independent section, this area is included in the index.

Terrace roof application is also regulated in the regulation. Unless the zoning plan provides otherwise, terrace roofs may be constructed. Stair or elevator access to the terrace roof must be provided. Attic floor and terrace floor arrangements must be carefully evaluated as they can affect the building's total construction area and floor space index calculation.

Garden Walls and Parcel Arrangement

The Planned Areas Zoning Regulation also contains rules regarding garden walls and parcel arrangement. The garden wall height cannot exceed the limits specified in the zoning plan or regulation. On the road frontage, the garden wall height generally cannot exceed 1 meter, and a transparent railing or fence of up to 1 meter in height may be placed on top.

In parcel arrangement, attention should be paid to maintaining sufficient distance between buildings, creating green area arrangements, and ensuring rainwater drainage. The garden areas surrounding the building constitute an important part of the urban green areas.

Exceptional Provisions and Exemptions

The Planned Areas Zoning Regulation provides exceptional provisions and exemptions in certain situations. These exceptions include:

Historical and registered buildings: In buildings registered as cultural assets, the regulation provisions are applied in accordance with the decisions of the conservation board. Deviations from modern construction standards may be made in the restoration of registered buildings.

Disabled access: All buildings must include arrangements suitable for disabled access. Arrangements such as ramps, elevators, and disabled WCs may be exempt from exceptional area calculations.

Energy efficiency: Insulation and technical equipment areas aimed at increasing the energy efficiency of buildings may not be included in the floor space index calculation within certain limits.

Earthquake strengthening: Exceptional provisions regarding setback distances and floor space index calculations may be applied for works to be carried out for earthquake strengthening of existing buildings.

Consequences of Construction Violating the Regulation

Construction violating the Planned Areas Zoning Regulation gives rise to various legal consequences. A construction halt order is issued pursuant to Article 32 of the Zoning Law No. 3194 for buildings constructed in violation of the regulation, and time is granted for the violation to be corrected. If the violation is not corrected within the time limit, a demolition order is issued.

Administrative fines are imposed pursuant to Article 42 of the Zoning Law. The amount of the fine varies according to the nature and scope of the violation. Criteria such as the total area of the building, the size of the violation in square meters, and the location of the building are considered in calculating the fine.

Occupancy permits (iskan) are not issued for buildings that violate the regulation. If an occupancy permit application is made without correcting the violation, the application is rejected. This directly affects the transition to condominium ownership, utility subscriptions, and the legal status of the building.

According to Court of State decisions, building permits issued in violation of the regulation are unlawful and can be annulled. If a permit erroneously issued by the administration is annulled, the damage suffered by the person who constructed a building in reliance on the permit can be claimed against the administration. This highlights the importance of the administration acting diligently in issuing permits.

Disclaimer: This article has been prepared for general informational purposes and does not constitute legal advice. It is recommended to consult a specialized attorney for specific disputes regarding the Planned Areas Zoning Regulation.