Top court annuls key provision in zoning law

ANKARA

Türkiye’s Constitutional Court has struck down a key provision of the controversial "zoning amnesty" law, which allowed the legalization of illegally constructed buildings.

The court ruled that a clause in the law that placed the responsibility for earthquake resilience solely on the property owner was unconstitutional. The decision came after the 2023 Kahramanmaraş earthquakes reignited debate over the law's safety implications.

The annulled provision was part of a 2018 law that granted legal status to unauthorized structures built before December 2017, provided they met certain conditions and were registered by October 2018.

This regulation gave legal status to unapproved structures that had received building registration certificates and made the owner responsible for the building's seismic safety.

The Constitutional Court found that the provision "The issue of the seismic safety of the building is the responsibility of the owner" was unconstitutional and annulled it.

In its decision, the court emphasized that it is unconstitutional not to be able to file a compensation lawsuit against the administration in a matter where the administration's supervision and inspection responsibility continues.

Following the decision to annul, public institutions will also bear responsibility for any incidents that may arise, such as those caused by earthquakes, in buildings that have been issued building registration certificates and achieved legal status. Property owners will be able to file lawsuits for material and moral compensation against the relevant public institutions.

According to the Environment, Urbanization and Climate Change Ministry, 3.1 million building registration certificates were issued under the zoning amnesty.