Transfer of development rights… The Ministry answered 5 frequently asked questions

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Lerato Khumalo

The Bill on Amendments to the Village Law and Some Laws was accepted by the General Assembly of the Turkish Grand National Assembly on December 5 and became law. With the regulation, the definition of “construction right transfer” was added to the Development Rights Law.

In the post made on the ministry’s social media account, the questions and answers asked by citizens regarding the transfer of development rights were included.

Accordingly, the questions regarding the transfer of development rights in 5 questions are as follows:

1- Which lands will it cover?

The development plans will include parcels that were allocated to public service areas (such as schools, hospitals, municipality service areas, official institution areas) before 2019, but have not been expropriated in citizen ownership for many years.

2- What will citizens gain from the transfer of development rights?

Legal disputes arising from citizens not being given the right to build because all or part of their parcels remain within public service areas will be resolved and their grievances will be prevented.

3- Will the citizen’s property change hands unintentionally?

There will be no confiscation of citizens’ property, on the contrary, the development rights corresponding to the parcel/share that citizens cannot use will be used in another area determined by the zoning plan decision. Thus, on the one hand, citizens will gain the right to zoning, and on the other hand, new service areas will be provided to the public. All transactions will be carried out for the benefit of the public and society.

On the other hand, legal disputes between public institutions, local governments and citizens can be resolved without imposing a financial burden on either party.

4- How will rights transfer be made?

The value of citizens’ zoning rights that cannot be granted will be determined, and the rights corresponding to this value will be transferred to the areas determined by the zoning plan decision.

5- How will the price determination be made?

All transactions will be carried out by independent valuation institutions licensed by the Capital Markets Board in accordance with the Expropriation Law, in line with real estate valuation principles. Citizens will not be victimized. Development right transfer work and transaction processes will be carried out by the Ministry and local governments authorized to approve development plans within their jurisdictions.