INTRODUCTION

Additional paragraphs were added to Article 5 of the Regulation on Planned Areas Zoning, which was published in the Official Gazette No. 30113 dated 3 July 2017, through the Regulation Amending the Regulation on Planned Areas Zoning published in the Official Gazette No. 32188 dated 12 May 2023.

The purpose of these amendments is to improve the quality of structures to be constructed throughout Türkiye and thereby ensure the safety of life and property against potential earthquakes.

As a result of the regulations introduced by the Ministry of Environment, Urbanization and Climate Change, restrictions have been imposed on the construction of enclosed projections in buildings, experience requirements have been introduced for engineers and architects involved in building construction, and changes have been made to the structure of Architectural Aesthetic Commissions.

The relevant regulations regarding these new measures will enter into force as of 02 July 2023.

SUMMARY OF THE MATTER

Following the devastating earthquake disaster that occurred in Türkiye on 6 February 2023, efforts have been undertaken to increase the earthquake resistance of buildings constructed throughout Türkiye and to prevent construction-related problems that may arise in future earthquakes.

With the Regulation Amending the Regulation on Planned Areas Zoning (“Regulation”) published in the Official Gazette No. 32188 dated 12 May 2023, new paragraphs were added to Article 5 of the Regulation on Planned Areas Zoning published in the Official Gazette No. 30113 dated 3 July 2017.

Regulations Regarding Commercial Ground Floors in Residential Buildings

Pursuant to the Regulation, where the ground floors of buildings used as residences are utilized for commercial purposes:

• the ground floor height may not exceed 4.5 meters;

• short columns may not be created;

• mezzanine floors and enclosed projections may not be constructed due to safety concerns.

In addition, structural systems classified as A12, A13, A14, or A15 under the Turkish Building Earthquake Regulation must be used in the design of such buildings.

The Regulation requires that all of the above-mentioned conditions be satisfied simultaneously.

Regulations Regarding Adjacent Buildings

The relevant amendment was introduced to prevent the “hammering effect,” which was observed in adjacent buildings during the earthquake of 6 February 2023 in Türkiye and which increased the destructive impact of earthquakes due to buildings colliding with each other.

Accordingly, the Regulation requires that sufficient distance corresponding to the earthquake joint gap be left between adjacent buildings in order to prevent the occurrence of the hammering effect.

This distance must be maintained starting from the boundaries of the relevant parcels.

Regulations Regarding Engineers and Architects

With the Regulation, new provisions have been introduced concerning the professional experience requirements of civil engineers and architects involved in building construction.

Static projects prepared by newly graduated civil engineers will be limited to buildings consisting of a maximum of four floors excluding the ground floor.

As the number of floors increases, additional requirements have been introduced regarding the professional experience period of civil engineers and the number of completed projects.

For example, for buildings consisting of 5 to 7 floors excluding the ground floor, civil engineers preparing static projects must have:

• at least 3 years of professional experience; and

• completed at least 4 different projects with a total construction area of at least 10,000 square meters.

Through the regulations introduced for buildings intended for public use, it is aimed to increase architectural aesthetic values in urban planning.

Architects responsible for preparing projects for official buildings (such as educational, healthcare, religious, and cultural buildings) to be constructed in municipalities with populations exceeding 50,000 will be required to have certain years of professional experience and project experience.

Furthermore, by increasing the number of architect members serving on Architectural Aesthetic Commissions and strengthening the requirements sought for commission chairs, the Regulation aims to ensure qualified evaluations during the project approval process and to ensure that projects are developed in accordance with predetermined criteria.

Regulations Regarding the Construction of Enclosed Projections in Buildings

Under the zoning legislation, “enclosed projections” may be constructed on all sides of a building provided that they do not extend beyond the building’s garden boundaries and comply with zoning regulations.

However, pursuant to the Regulation, the construction of enclosed projections is prohibited in buildings containing residential units with four or more floors excluding the ground floor.

Due to the prohibition of enclosed projections, the inability to utilize equivalent construction rights (“precedent rights”) under zoning plans may result in losses.

In order to compensate for such losses, the Regulation allows upper floors to be constructed over columns extending up to 1 meter into the rear garden distance of the parcel.

The extended sections may only consist of columns or structural walls and may not be enclosed with any material on any side, thereby preserving the garden area.

Even in such cases, if the equivalent construction rights cannot be fully utilized, an extension of up to 1 meter into the front garden area may be permitted under the same conditions.

CONCLUSION

Legislation requires continuous amendments due to new developments and emerging needs.

Following the earthquake disaster of 6 February 2023 in Türkiye, the Ministry of Environment, Urbanization and Climate Change introduced amendments to the Regulation on Planned Areas Zoning, published in the Official Gazette No. 30113 dated 3 July 2017.

The Regulation published in the Official Gazette on 12 May 2023 primarily aims to increase the earthquake resistance of buildings constructed throughout Türkiye.

The Regulation introduces provisions concerning:

• commercial ground floors in residential buildings;

• adjacent buildings;

• the professional experience requirements of engineers and architects;

• the construction of enclosed projections in buildings.

Submitted for your information and consideration.

For Detailed Information

info@eyuboglubuyukatak.av.tr