Unlicensed Buildings in Turkey: Stop-Work Reports, Demolition Orders, Zoning Fines and Annulment Actions

When municipal inspectors arrive at a site where construction began without a permit or departs from the permit, the process moves fast: first a stop-work report (yapı tatil tutanağı) is drawn up and the building is sealed; then the municipal council may issue a demolition order and an administrative fine. Owners often do not realise that these are separate administrative acts, that a short filing deadline runs against each, and that otherwise demolition becomes final.

This guide covers, under Articles 32 and 42 of Zoning Law no. 3194, the stop-work and sealing stage, the period granted for obtaining a permit, the conditions for a lawful demolition order, who is liable for the fine, and the route through the administrative courts.

1. What Is an "Illegal Building"? Unlicensed and Non-Conforming Construction

Under the Zoning Law a building may be constructed only with a building permit from the municipality or governorate. Except for narrow exceptions (minor repairs and similar works that need no permit), construction begun without a permit is an unlicensed building, and construction carried out contrary to the permit and its annexes (the project) is a non-conforming building. In everyday speech both are called "kaçak yapı", but the legal consequences and defences can differ.

Detection arises from the authority's own inspections, a report from the technically responsible person, or the authority otherwise learning of the situation.

2. The Stop-Work Report and Seal (Zoning Law Art. 32)

Under Article 32, once it is established that construction has begun without a permit or contrary to the permit, the municipality or governorate records the state of construction and construction is stopped immediately. The stop order is deemed served on the owner by posting the stop-work report on the building, and a copy is left with the neighbourhood headman. The report therefore need not be handed over in person.

Within at most one month of that service, the owner may:

• bring the building into conformity with the permit or obtain a permit, and ask the municipality or governorate to lift the seal,
• and if the non-conformity has been remedied or a permit obtained and the building's conformity is confirmed on inspection, the seal is lifted and construction may continue.

Otherwise the permit is cancelled, and the unlicensed or non-conforming building is demolished, following a decision of the municipal council or provincial administrative board, at the owner's expense.

3. When Can a Demolition Order Be Issued? The One-Month Period

In a decision of 24.03.2022 the 6th Chamber of the Council of State read Article 32 as follows: after the building is sealed and construction stopped, a demolition order may be taken at the end of any period of up to one month given to the owner, or, if no period was given, at the end of one month from the date of identification. Because the stop-work report stated that action would be taken under Article 32, the court held that the owner must be taken to have been given the one-month period, and that a demolition order taken without waiting for it was unlawful (see the precedent box below).

The decision contains a dissenting opinion: the dissent considers that where there is no possibility of bringing the building under a permit (for example a cadastral parcel with no zoning plan or parcelling), granting a period has no legal meaning. Practice may therefore vary, and the facts (planned area or cadastral parcel; whether a permit is obtainable) are decisive.

4. The Zoning Fine (Zoning Law Art. 42): Who Pays?

Those who build without a permit or contrary to it receive an administrative fine calculated by building class and area (Art. 42). Because the amount depends on parameters such as the building class and annual revaluation, current figures should be checked in the municipality's act and the relevant notices.

The Council of State has held that "the owner of the building" in Article 42 means the person who actually built the unlicensed or non-conforming structure, because under Article 38 of the Constitution criminal liability is personal and administrative fines are subject to the same principle. Accordingly:

• The builder must be clearly and precisely identified; the building owner is not necessarily the title-holder or permit-holder.
• Where co-owners built together on a jointly-owned plot, the fine must be calculated in proportion to their shares.
• A fine imposed without stating from whom and in what proportion it is to be collected is unlawful.

5. The Administrative Court Action: Deadline and Suspension of Execution

The demolition order and the fine are separate administrative acts, each of which can be challenged in an annulment action before the administrative court. As a general rule the action must be filed within 60 days of service of the act (Administrative Procedure Law, Art. 7). Annulment of each may be sought separately, so service dates and deadlines must be tracked for each.

• Filing suit does not automatically stop demolition. Under Art. 27 of the same Law, suspension of execution must be requested separately where execution would cause damage that is difficult or impossible to reverse and the act is clearly unlawful. This request is vital to prevent demolition.
• Once demolition has been carried out, the case may become moot and only compensation remains; the suspension request should therefore be filed with the petition.
• Typical grounds include defective service, the content and date of the stop-work report, failure to wait for the period granted, whether the building could be brought under a permit, failure to identify who actually built, and disregard of share proportions.

6. Points to Check in Your Defence

• The date and content of the stop-work report: when it was drawn up, which article it cites, and who it names as the owner.
• Whether the one-month period had expired: a demolition order taken without waiting for it may be unlawful.
• Whether the building can be brought under a permit: if it can be made to comply with the plan and legislation, that possibility should be assessed.
• Personal liability for the fine: was the fine imposed on the person who built, and by shares?
• Zoning amnesty and building registration certificates: past zoning amnesties covered buildings made before a set date and had limited application periods; their current status and any application window must be checked separately.

7. Common Mistakes

• Not taking the report seriously: posting the stop-work report on the building replaces service, and time runs from that date.
• Breaking the seal: continuing construction in spite of the seal may also give rise to criminal liability.
• Challenging only the demolition order: the fine is a separate act and must be challenged within its own deadline.
• Not requesting suspension of execution: demolition does not stop just because a case has been filed.
• Buying property without checking its zoning status: the building permit and occupancy certificate should be checked before purchase.

Frequently Asked Questions

For legal advice on unlicensed buildings, demolition orders, zoning fines and zoning plan disputes, see our Zoning & Occupancy Law page, or request an appointment through our Contact page.