In order to implement any building project in Turkey, certain permits must be given by the state. At the beginning of these permissions is a regulation that we call the construction license and whose scope is determined by the laws. If a building permit is not obtained before starting a project, the construction work may be stopped while the project is in progress and the project owner is requested to complete the necessary procedures and obtain a permit.
The framework of the building permit is drawn within the articles of the law 'Zoning Law' No. 3194. According to this law, every project owner is required to apply for the necessary building permit before preparing the documents related to the project and starting any construction work. Any construction started without a license is considered illegal.
Applications for building permits are made to the municipalities where the building in question is located. If the relevant project is to be carried out in a region outside the jurisdiction of the municipalities, then the competent authority is the governorships.
Documents Required for a Building Permit in Turkey
Certain documents must be prepared while applying for a building permit. The type and scope of these documents may vary depending on the project. However, in general, the documents requested from the project owners are as follows:
- Building permit application form
- Land registry copy. (The municipality or governorship to which the application is made can also access this information from the Land Registry and Cadastre Information System (TAKBİS)).
- If there is a case of abandonment to a road in the project, the copy of the abandoned title deed should also be included in the application documents
- The original Diameter Certificate obtained from the Land Registry and Cadastre Directorate, which contains information about the geometrical location of the project
- The original referenced sketch, which was also taken from the Land Registry and Cadastre Directorate; This sketch shows the coordinates and exact boundaries of the building in question
- Zoning status certificate from the municipality
- The original construction direction survey taken from the Map Directorate of the municipality to which the application is made; This document includes the parcel distances and the dimensions of the relevant building
- If necessary, elevation cross-section survey should also be obtained from the same unit and the original document should be submitted. In this document, the corner points of the building planned to be built with the parcel are shown
- Application sketch taken from the Provincial Directorate of Land Registry and Cadastre; This sketch contains the title deed information of the parcel (province, district, neighborhood, location, plot, island, surface area, etc.) and measurement and location information
- If someone else carries out the building permit process on behalf of the project owner or institution, the original power of attorney and/or consent letters must also be submitted. These documents are very important, especially in cases of shared land or shared title deeds
- The original of the undertaking showing that the persons or institutions responsible for the maintenance of technical works have taken the responsibilities
- Documents proving that the person or institutions that will carry out the project drawings of the building for which a building permit is to be obtained, work professionally in this field and that they are competent in this field, and a declaration including their signature
- If an old building is to be renovated or a historical monument is restored, there are some differences in building permit procedures. In the renovation works, the consent of the former project authors should also be obtained and this document should be notarized. In addition, if renovation works are to be carried out on a historical artifact, the Regional Board of Cultural and Natural Heritage should be consulted and necessary approvals should be obtained
- In the building permit application, in addition to the above-mentioned documents, the originals of the following documents should be included in the annex of the application petition;
- Architectural application project
- Static, electrical and mechanical installation projects; environmental and landscaping projects
- Static accounts
- Building inspection service contract and land owner's undertaking (must be notarised)
- Surveillance undertaking (notarised); (Surveillance is the person who inspects the employees, tools and equipment who perform the construction works.)
- Survey engineer application commitment (notarised)
- Soil survey report
- Architectural office registration certificate
- Transformer certificate
Is a Building Permit Necessary for Every Construction Project?
One of the most frequently asked questions regarding the building/construction permit is whether a permit is required for every construction project. The necessary scope on this subject is specified in the Planned Areas Type Zoning Regulation and construction activities that do not require a building permit are explained. In this context; "simple repairs and modifications, folding and folding glass panel applications on balconies, construction of balustrades, pergolas, gazebos/arbours etc, and repair of partition walls, garden walls, wall coverings, chimneys, eaves, roofs and similar elements, and window replacement". There is no obligation to obtain a license.
Solar energy systems and thermal insulation applications made in buildings and designed only to meet the building's own needs are outside the scope of the building permit. However, these projects must be carried out by practitioners with professional competence certificates.
Important Information on Building Permits & Time Frames
Another curious subject in the construction permit process is how long the permit is issued for, how long is it valid for, and when the construction should start. In this context, it is useful to specify the following important period information about the building permit:
- The validity period of construction permit is 5 years. A licensed project must be completed within 5 years in total
- After the building permit is obtained, the project work must be started within a maximum of 2 years
- If there is no problem, missing or wrong information in the documents given for the application, the building permit is given to the project owners within 30 days at the latest after the application is made. If a mistake is detected in this process, the project owners are informed about the situation and they are asked to correct this. After the necessary corrections are made, the revised construction permit application is finalized within 15 days at the latest..
What Happens If The Building Permit Is Not Obtained? And Other Points to Note
The building permit is not only a legal requirement, but also necessary for the safety, soundness and accuracy of the relevant project. For this reason, every building constructed without a building permit is a legal problem and enters the status of an illegal building.
If it is determined that a building under construction does not have a building permit, the municipality where the building is located may decide to stop the construction works and then demolish the said building. In addition, legal proceedings are initiated against the contractor, the owner and other relevant responsible persons who built the building. These actions may result in fines and/or imprisonment.
If the construction of a building is not started within 2 years at the latest or if the construction works are not completed within 5 years at the latest, the building permit loses its validity. In this case, a new construction permit should be issued for the projects under construction. During this period, municipalities stop construction works.
Unlicensed construction provisions are applied for construction works that are not carried out in accordance with the building permit. For example, if a floor more than the number of floors specified in the license given for a building is built, it may be decided to demolish this floor or to demolish the structures built in this area if the specified surface area is exceeded.
Today, it is much more important than in the past that the building permit is issued in accordance with the laws and the buildings are built in accordance with the specified requirements. As Turkey is located in the earthquake zone, licensing of buildings according to earthquake regulations and other relevant laws has become one of the most important issues for life and property safety. Rules and laws should always be followed closely.
