What will the new construction be like in the earthquake zone, what has the emergency decree brought about?

The Decree of Settlement and Construction in the Scope of the State of Emergency (OHAL), published today in the Official Gazette, ordered the opening of pastures and forests to construction.

One of the most important changes that the decree brings is that the construction permit procedures are taken from the municipalities and governorates and delivered to the Ministry of Environment, Urbanization and Climate Change.

In this context, although all powers such as the granting of licenses for new construction in the provinces affected by the earthquake were transferred to the ministry; The authority to build houses in these places is given to institutions such as TOKİ, which is affiliated with the ministry, as well as foreign individuals, institutions and organizations.

WILL FORESTS AND GRASSES BE OPENED FOR CONSTRUCTION?

Speaking to Sozcu.com.tr, the president of the Real Estate Law Association, lawyer Ali Güvenç Kiraz, said that with the aforementioned decree, not forests, but ‘stony and rocky areas that have lost their forest character were opened For the construction’ ; According to Eyüp Muhçu, president of the TMMOB Chamber of Architects, the situation is exactly the opposite.

Muhçu, in his statement to sozcu.com.tr, said: “The Decree authorizes the Ministry of Environment, Urbanization and Climate Change to open up pastures and forests for construction, and while doing so, do not open these areas for construction without ask the Ministry of Agriculture and Forestry, local administrations and relevant public institutions give authority,” he said, continuing as follows:

“Thus, the areas that will be opened for construction will have become zoning areas by canceling the quality of forests and pastures. This arrangement is worrisome. We see that the decisions and practices that made the earthquake a disaster continue. That worries us all.”

MUNICIPALITIES WILL NO LONGER GIVE LICENSE

Another noteworthy point is that with the aforementioned decree, the construction license procedures were taken from the local administrations and delivered to the Ministry of the Environment, Urbanization and Climate Change.

Hunt. Kiraz said: “The Ministry of Environment, Urbanization and Climate Change will now take over the regulation of unplanned areas in the villages and all authority will be transferred to the ministry. Planning, subdivision and construction permit procedures are transferred to the ministry, including pastures under the ownership of the legal entity of the town.

Kiraz stated that the authorities of the municipalities in the temporary and final construction areas and the special provincial administrations in the village areas have been fully transferred to the Ministry of Environment and Urbanization within the scope of the zoning regulations of planned areas or not planned.

Muhçu, on the other hand, stresses that it is ‘unacceptable’ for local governments to be disabled, saying:

“Giving full authority to the ministry means that all decisions to be made in the region, from zoning planning to land inspection, are handed over to the president. We can guess from the past practices of the ministry and the government what kind of results this could have. We are concerned about new environmental disasters and disasters.”

WHAT WILL HAPPEN TO THE PRIVATE PROPERTY IN THESE AREAS?

Another noteworthy issue is what will happen to private properties in the areas to be built…

Hunt. Kiraz explained that a zoning transfer arrangement has been carried out for the property right in the paddocks, that is, the holders can be given another place with the same zoning right and value.

If there is private property in the areas to be built in Muhçu, these properties will be purchased from their owners under the urgent expropriation law; He noted that the prices for these special places are expected to be paid in 3 installments depending on the determination of the price by the real estate appraisal teams.

APPROVAL, ANNOUNCEMENT AND OBJECTION PROCESS DELETED

Another reason for criticism of the decree is that the suspension, announcement and appeal processes have been suppressed.

Hunt. Kiraz expressed his concern on this issue in the following words:

“There will be no suspension, announcement and objection processes in all planning and subdivision processes that are carried out in the areas of the village and the areas destined for temporary or permanent housing. I believe that this topic can be object of objections and demands”.

HOME AND WORKPLACE BUILT BY FOREIGNERS WILL BE TRANSFERRED TO THE PUBLIC

Finally, another noteworthy change in the decree is that within the framework of the new constructions that will start in the provinces affected by the earthquake, the power to build houses will be granted to institutions such as TOKİ, attached to the ministry, as well as individuals , foreign institutions and organizations.

Hunt. Kiraz said: “The Ministry of Environment and Urbanization will be able to carry out the transactions in these areas through TOKİ, and foreign institutions or organizations have been given the right to build houses on the condition that they donate to the ministry”; Muhçu, for his part, stated that if it is built under holistic planning, there is no problem for foreigners to build it, and that these structures will be transferred to the public after they are built.