Things to Know for Those Planning to Build a House on Land in Turkey: Insights for Aspiring Homeowners by Bayraktar Attorneys

Are you considering building a house on your own land in Turkey? If so, there are specific legal requirements and steps you need to follow. In this article, we will provide answers to questions such as where to apply, what permits to obtain, and the legal obligations you need to be aware of when building a house on land in Turkey.

What are the Conditions for Building a House on Land in Turkey?

We all have dreams of owning a home. Some envision quaint houses with pink shutters, while others dream of modest homes with expansive gardens. However, for landowners in Turkey, there is a particular aspiration – the ability to construct their own home just the way they want it.

If you wish to build a house on your land in Turkey, you must have the financial means to cover the costs. However, this is not enough. There are legal procedures you must follow to construct a house on your land, as failing to comply with these procedures may result in an unauthorized structure.

Can Anyone Build a House on Land in Turkey?

To build a house on land, the land must have the necessary zoning status for residential construction. Only on land designated for residential construction can anyone build a house. To determine the zoning status of your land, you can apply to the relevant municipality.

If your land does not have the necessary zoning permission, meaning it is designated as agricultural land, you can still build a new house, but you will face more restrictive conditions. Firstly, the land must be at least five acres in size.

If the land is larger than five acres, the structure you build can cover a maximum of five percent of the land. Regardless of the size of your land, you can only construct a maximum of 250 square meters.

Additionally, the height of the roof level should not exceed 6.5 meters from the natural ground level. Finally, the distance between the structure you build and the road or the edge of the parcel should not be less than 5 meters. If you meet these requirements, you can construct a house on land without zoning permission.

Where Should You Obtain Permission to Build a House on Land in Turkey?

If you intend to build a house on your land, the first step is to prepare or have an architectural project prepared. Subsequently, you should apply to the relevant municipality where the land is located to obtain a construction permit. When applying for a construction permit, you will need several documents, including:

A written application letter for the permit.

The title deed of the land on which you plan to build.

Information on the zoning status of the land from the relevant municipality.

An application document obtained from the Land Registry and Cadastre Directorate.

An architect-approved architectural project.

A professional chamber registration document for architects.

An engineer-approved reinforced concrete structural project.

A professional chamber registration document for engineers.

An approved electrical installation project.

A professional chamber registration document for electrical engineers.

An approved plumbing installation project.

A professional chamber registration document for mechanical engineers.

A geotechnical survey report.

Map application officer and related documents.

Documents related to the construction contractor.

Building inspection contract and related documents.

A building information form.

A bank receipt indicating the payment of 20% of the building inspection company fee.

A site manager contract.

Is There a Timeframe to Complete the Construction on Land?

After obtaining the construction permit from the municipality, you are legally required to commence construction within two years.

The construction must be completed within five years. If you fail to start construction within two years of obtaining the permit or if you do not complete the construction within five years, the permit will be invalidated.

Therefore, in such cases, you will need to reapply for a permit.

Do You Need Permission After Completing the Construction of the House?

Upon completion of the construction on the land, you must obtain a condominium ownership title deed (kat mülkiyeti tapusu). To obtain this title deed, you need to obtain a usage permit (iskan belgesi).

You can obtain the usage permit from the municipality to which your land is connected. To obtain the usage permit, the municipality inspectors must verify that your construction is in compliance with the approved project.

If you have built according to the approved project, you will be granted the usage permit. However, if any non-compliant aspects are identified, you will not be granted the permit, and the property will continue to be registered as land only.

Additionally, for structures that do not receive usage permits due to non-compliance with the project, you will need to rectify the non-compliant aspects; otherwise, the municipality may demolish the structure.

Consult an Expert

In every step you take in the real estate sector, conducting accurate analyses and making informed decisions will lead you to success. However, one important thing to remember is that you need to have a detailed understanding of the laws and regulations.

Laws and regulations play a restrictive role, particularly in construction projects. It is crucial to conduct the necessary research, accompanied by an expert, to ensure that your time and investment are not wasted.

Lastly, if you are purchasing land or a plot of land with an existing structure, don’t forget to check if the structure is in compliance with the zoning regulations. Even if you did not construct the building yourself, as the new owner of the land with an unauthorized structure, you will be subject to legal consequences.

Working with an expert in every step related to real estate will help you avoid overlooking small details and ensure that you are well-versed in the necessary laws and regulations to protect you from potential risks. If you have any further questions or need additional assistance, feel free to reach out to us.