Regulation Amending the Regulation on Planned Areas has been published in the Official Gazette dated January 13, 2024. The Regulation introduces new provisions regarding building reinforcement construction permit procedures. This article will examine the changes introduced by the new regulation regarding building reinforcement construction permits and other miscellaneous changes.
A. Changes Regarding the Acquisition of Building Reinforcement Construction Permits
Requirements for Reinforcement Construction Permit Application
The conditions to be met for a reinforcement construction permit are listed in the regulation as follows:
- Compliance with the laws in force at the time of obtaining the initial building permit
- Application to only reinforce the structural system
- Approval by four-fifths of the owners according to the Condominium Law
- Application to the competent authority for permit issuance
Documents to be Attached to the Application
According to the new regulation, the following documents must be included in the application:
a) Title deed extract or substitute documents in exceptional cases,
b) Structural project based on reinforcement,
c) Architectural project if reinforcement requires a change in the architectural project, excluding mandatory section changes in the structural system,
ç) Documents related to construction contracting and site supervision,
d) Necessary documents for inspection under Law No. 4708 for buildings subject to inspection, and for buildings not subject to inspection, documents related to professional liability,
Other Conditions
- For structures whose permits have become void due to failure to issue a permit for use within the permit period, despite being completed in accordance with the permit and its attachments, reinforcement permits can be issued in accordance with the new provisions without the need for re-issuance of permits.
- In the evaluation of projects, except for the Turkish Building Earthquake Regulation, other legislation provisions in force at the time of the initial permit date are taken into account.
- Changes related only to the structural system to be made under the new regulation are not included in the calculation of plot coverage and footprint area.
B. Various Changes
Definition of Lightwells
With the amendment, in addition to reinforcement construction permit applications, other changes have been introduced. Within the scope of the changes, the definition of "lightwells" has been expanded. According to the new definition, a lightwell will refer to "openings that can be at least 0.80 meters wide and up to 1.20 meters wide, provided that they remain within the parcel boundary and are adjacent to the building, aimed at providing natural light and ventilation to parts of the building located below natural ground level, which cannot be continuously installed on any facade of the building, with a depth of up to 2.00 meters, not exceeding 0.50 meters the width of the window built, which do not serve as entrances but can be arranged for emergency exits, excluding buildings with residential units, accommodation buildings, and buildings with bed spaces such as dormitories and hospitals, and if constructed in basement floors of single-unit public buildings, measures against flood and water overflow risks can be taken, up to a depth of 4 meters and a width of 1.5 meters." The previous version of the regulation did not mention "buildings with residential units, accommodation buildings, and buildings with bed spaces such as dormitories and hospitals, and if constructed in basement floors of single-unit public buildings, measures against flood and water overflow risks can be taken, up to a depth of 4 meters and a width of 1.5 meters." within the scope of lightwells.
Temporary Article Regarding Existing Building Permit Applications
Temporary Article 3 titled "Existing Building Permit Applications" has been extended until December 31, 2024, and structures that have been identified as risky or included in risky areas and for which at least two-thirds of the owners have signed a notarized condominium construction contract are included in the scope. The new article is as follows:
Structures for which building permit applications were made before the date this paragraph comes into force, and structures for which at least two-thirds of the owners have signed a notarized condominium construction contract or for which a tender decision or tender date has been made by public institutions and organizations for construction works; Paragraph 30 of the fifth article; Article 57, the second paragraph, subparagraph (c), the sixth paragraph, subparagraphs (b), (c), (ç), and (d), the seventh paragraph, subparagraphs (c) and (ç), and paragraphs 13 and 14 of Article 66 shall not be applied until 31/12/2024.
Effective Date
The aforementioned changes entered into force on January 13, 2024.
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