Planned Areas Zoning Regulation — Core Rules and Application

A comprehensive legal guide to calculating TAKS/KAKS, setback distances, the parking regulation, lift requirements and the exceptions under the Planned Areas Zoning Regulation.

The Planned Areas Zoning Regulation is the basic regulatory text setting out the technical rules and standards for building in areas covered by a development plan, issued under Zoning Law No. 3194. The Regulation contains rules on a wide range of matters, from the dimensions of buildings and setback distances to parking arrangements and lift requirements. This article examines comprehensively the Regulation's basic provisions, TAKS and KAKS calculations, setback distances and the exceptions.

Scope and Legal Basis of the Regulation

The Planned Areas Zoning Regulation applies, together with the plan and special legislation, in areas covered by an implementation development plan. Areas governed by special statutes, special-purpose plans and special regulations on coastal, conservation, tourism, industrial and other areas may take precedence. Municipalities may regulate matters of local need only in conformity with higher norms, the limits of the Regulation's delegation and, where required, ministerial approval; they do not have unlimited power always to impose stricter standards.

What Is TAKS (Ground Coverage Ratio) and How Is It Calculated?

TAKS is the ratio of the ground floor area to the area of the development parcel. The ratio and building layout fixed in the implementation development plan govern. Where the plan does not fix a TAKS, the maximum ratio in the Regulation applies together with garden distances, the block or terraced layout and the other conditions; there is no “automatic 0.40 building right on every residential parcel”. Multiplication by the parcel area shows the maximum ground floor area only if the other plan and setback limits are also satisfied.

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

The floor area ratio is the ratio of the total floor area counted towards it to the area of the development parcel. Which areas fall outside the ratio is determined by Arts. 5 and 22 of the Regulation, the type of use and the total limits on excluded areas. It is not correct to treat the whole of a staircase, store, car park, balcony or plant room as excluded without limit; the percentages for common areas and the conditions for exceptions are applied separately.

What Are Setback Distances (Building Approach Lines)?

For front, side and rear garden distances the development plan decision takes precedence. The minimum dimensions of 5/3/3 metres in the Regulation apply together with the building layout, road width, increases according to building height and number of storeys, and the exceptions for terraced layouts and existing formations. A permit entitlement cannot be determined by looking at a fixed table alone.

How Are Building Height and the Number of Storeys Determined?

Building height and the number of storeys are determined first by the implementation development plan and its plan notes, and then by the Planned Areas Zoning Regulation's provisions on storey height, road width, building level and layout. A plan decision such as “5 storeys, maximum height 15.50 metres” requires both limits to be satisfied in the project; where there is a conflict, a permit cannot be issued merely by saying “the lower applies”. The integrity of the plan, the definitions, the use of the storeys and, where necessary, a plan amendment or interpretation are examined.

The effect of a basement, mezzanine, roof space or plant floor on the number of storeys or the height varies according to its use and the definitions in the Regulation. On sloping ground, levelling, the street silhouette and neighbouring parcels are also assessed separately in the technical project.

Parking Requirements

The number of parking spaces is determined less by the Planned Areas Zoning Regulation than by the Parking Regulation and its annexed schedule of uses. For dwellings there are bands such as one space for three units, one for two units, one per unit or two per unit according to the gross area of the independent unit; for commercial, office, health, education and other uses there are separate area or capacity criteria. The old generalisations of “one up to 200 m², two above” or “one for every 30 m² in commercial use” cannot be used in place of the current schedule.

Lift Requirements

The lift requirement is determined under Art. 34 of the Regulation according to the number of storeys measured from the building entrance level, the use of basements, the number of independent units, the exception for single-unit buildings and the accessibility provisions. In some buildings a lift must be installed; in others space must be left so that one can be installed later. A fixed formula of “12.80 metres/four storeys”, or a lift irrespective of the number of storeys in every case of disabled access, is not sufficient; Law No. 5378 and the current accessibility standard apply together.

Shelter Requirements

The shelter requirement and its calculation are determined by the Shelter Regulation, the type of use of the building, the total area and the capacity. There is no single threshold of 1,500 m² applicable to all buildings. The rules in force at the date of the project and the permitting authority's technical calculation govern.

Roofs and the Use of Roof Space

The Planned Areas Zoning Regulation contains detailed rules on roof design and the use of roof space. The roof pitch is determined by the climatic conditions and architectural characteristics of the locality. The ridge height may be at most a certain height above the top level of the top-floor ceiling slab on which the roof rests. The use of roof space is possible under certain conditions. Whether a roof space storey is included in the floor area ratio (KAKS) calculation depends on its intended use. Under the Regulation, areas in a roof space that are not independent units (plant areas, stores and the like) may be excluded from the ratio. Where the roof space is used as an independent unit, however, that area is included.

Terrace roofs are also regulated. Unless the development plan provides otherwise, a terrace roof may be built. Stair or lift access must be provided to a terrace roof. Since roof-storey and terrace-storey arrangements can affect the building's total construction area and the floor area ratio, they must be assessed carefully.

Garden Walls and Parcel Arrangement

The height and permeability of a garden wall and whether railings may be placed on it are determined by the road frontage, whether the parcel is a corner plot, the gradient, sightline safety, the plan provisions and the municipality's local rules consistent with the Regulation. A fixed formula of “one metre of wall and one metre of railing everywhere” does not apply to all parcels. A retaining wall is additionally subject to structural project, ground and levelling conditions. Solutions for rainwater, green space, levelling, access, fire access and the boundary with neighbours are shown together in the permit project. Parcel arrangement does not create additional building rights independent of the floor area ratio and setback distances.

Exceptions and Exemptions

The exceptions in the Regulation are specific to their subject matter and do not create a general category of “exempt building”:

Registered cultural assets: Law No. 2863, conservation board decisions and the conservation project take precedence.
Accessibility works: the effect of areas such as ramps, lifts and accessible toilets on the calculation depends on the ratios and conditions in the relevant provision of the Regulation; they are not wholly excluded of themselves.
Energy efficiency installations: insulation and technical equipment areas may be excluded from the ratio only within the limits set by the Regulation.
Strengthening: where there is a special provision it applies to the strengthening of an existing building; the purpose of strengthening does not automatically render a breach of setback distances or the floor area ratio lawful.

Consequences of Building Contrary to the Regulation

An unpermitted building or one contrary to a permit and its annexes is sealed under Zoning Law Art. 32; after the opportunity to bring it into conformity and the one-month period, the competent administration decides on demolition or a permit. The administrative fine under Art. 42 is calculated according to the type and class of the non-conformity. Where the conditions are met, TCK Art. 184 may also apply. An owner who relied on an unlawful permit may, on the conditions, bring a full remedy or damages claim against the administration; “recourse against the administration” does not correctly describe the owner's route. The administration's recourse relationship with its own staff is a separate matter.

Frequently Asked Questions

Is TAKS 0.40 on every parcel?

No. The plan, the building layout and the setback distances take precedence.

Are all car parks excluded from the floor area ratio?

No. The types, ratios and total limits in the Regulation apply.

Is only the building height relevant to the lift requirement?

No. The number of storeys measured from the entrance level, the use, the independent units and the accessibility rules are assessed together.

Does the same shelter rule apply to every building over 1,500 m²?

No. The current Shelter Regulation, the use and the capacity govern.