Law on Conservation by Renovation and Use by Revitalization of the Deteriorated Historical and Cultural Immovable Property

Purpose and Scope

ARTICLE 1. – The objective of this Law is to ensure that conservation areas registered and declared conservation sites by the councils for conservation of cultural and natural property and their conservation zones, which are wornout and on the verge of losing their specificity are re-constructed and restored by metropolitan municipalities, district and first degree municipalities within the borders of metropolitan municipalities and by provincial and sub-provincial or district municipalities and municipalities with a population exceeding 50,000 and by special provincial administrations in regions outside the jurisdictions of these municipalities in harmony with regional development activities; hence, to develop housing, trade, culture, tourism and social facilities in these areas, to take precautions against natural disaster risks, to protect by renovation and use by revitalization immovable historical and cultural property.

This Law encompasses the procedures and principles related to the identification, determination of technical infrastructure and structural standards, development of projects, implementation, organisation, management, control, participation and use of the renovation areas to be established in line with the objectives specified above.

Identification of sites

ARTICLE 2. – The renovation areas shall be idenfitied via a decision of absolute majority of the full number of members of the provincial assembly in special provincial administrations and the municipial assembly in municipalities. The decisions taken shall be submitted to the Council of Ministers by the provincial assembly in special provincial administrations and by the municipial assembly in municipalities other than metropoles. In metropoles, these decisions taken by the sub-province or district and first degree municipial assemblies shall be submitted to the Council of Ministers, if they are approved by the metropolitan municipality assembly. The Council of Ministers shall decide in three months whether the project shall be implemented or not.

The implementation in areas accepted by the Council of Ministers shall be projected phase by phase within the scope of a programme.

The projects and phase-by-phase projects shall be put into implementation upon the decision by absolute majority of the full number of assembly members and the mayor in the case of municipalities and upon the approval by the governor in special provincial administrations.

All immovable property within the borders of the identified areas shall be subject to the provisions of the renovation project following finalisation of the decision by the council for conservation of cultural and natural property on the renovation project that shall be prepared by the municipality and special provincial administration. Renovation projects within the borders of metropolitan municipalities and outside the deliverables of metropolitan municipalities shall be put into effect following their preparation by the district and first degree municipalities and their approval by the relevant councils upon being approved by the mayor of the metropolitan municipality. Expropriation and implementation shall be performed accordingly.

The procedures and principles regarding the formation of technical infrastructural and superstructural standards for renovation areas, management and organisation of these areas and participation of eligible beneficiaries and the regional community that are in the implementation areas shall be laid down in a regulation.

Implementation

ARTICLE 3.- The renovation projects and their implementation in regions identified as renovation areas, which have been prepared or commissioned by the special provincial administration and municipality shall be undertaken by the respective special provincial administrations and municipalities or be implemented upon being commissioned to public institutions and organisations or real and legal persons.

In these areas, a joint implementation with the Housing Development Administration shall be possible, while the implementation may also be delegated to the Housing Development Administration.

In metropoles, implementations that have not been initiated by the metropolitan municipalities shall be undertaken or delegated by the sub-province or district and primary municipalities alone or jointly.

In relation to implementation in parcels within the renovation area, the buildings that shall be renovated by exact conservation of their own parcels and structures may be renovated by the parcel owner on condition that the integrity of the project be preserved and provided that the project approved by the municipality be adhered to and the building be used towards the objective to be determined by the special provincial administration and municipality. In these cases, it is essential that the implementation be initiated and completed simultaneously with the project. Otherwise, the provisions of this Law shall be implemented by the special provincial administration and municipality.

During the implementation of renovation projects in renovation areas, the special provincial administrations and municipalities may make the necessary adjustments and impose prohibitions including liquidation regarding renovation projects in order to take the necessary measures in regions identified by the Ministry of Public Works and Settlement to bear a natural disaster risk. The principles and procedures in this matter shall be laid down in a regulation.

All kinds of control, supervision and follow-up actions shall be performed or delegated to be completed by the respective special provincial administration and municipality during the implementation. These actions shall be delegated to specialists, institutions and teams related to the topic depending on the specificity of the project.

The implementation in renovation areas shall be exempt from all kinds of taxes, levies, duties and fees.

The Regional Council for the Conservation of Cultural and Natural Property shall be formed to the extent required according to article 51 of the Law on the Conservation of Cultural and Natural Property numbered 2863 in order to approve the renovation projects. The projects approved by the council shall be implemented by the special provincial administration or municipality.

For the implementation in renewal areas, all kinds of good and service procurements and civil woks shall be exempt from the provisions of the Public Procurement Law numbered 4734 except the provisions on penalties and prohibition from tenders.

The renovation projects shall consists of the building survey, restitution, restoration projects of the cultural and natural property located in the implementation area or the projects envisaged in the development legislation of the buildings that shall be repaired or rebuilt.

Restriction of discretionary rights regarding immovable property and expropriation

ARTICLE 4.- The special provincial administration and municipality may impose provisional restrictions on the immovable property in locations that have been declared renovation areas in relation to all kinds of settlement, use and operation until the completion of the project.

For the evacuation, demolition and expropriation of buildings located in renovation areas, the route of settlement is essential. In cases where no settlement can be ensured, the immovable property owned by real or legal persons may be expropriated by the respective special provincial administration or municipality. As per this Law, expropriations shall be deemed exproprations aimed at the realization of housing projects according to the second paragraph of the Article 3 of the Expropriation Law numbered 2942. The expropriation procedures shall be conducted as per the provisions of the same article for the immovable property of which the ownership field is obvious in the title deed and the immovable property with no known heir, for which a trustee has been assigned, that is conflicted, litigated and on which all kinds of ownership or right in kind other than ownership have been established. In the conduction of the expropriation procedures, the special provincial administrations and municipalities shall be authorized to have inheritance letters issued, trustees appointed or to take actions according to the final owner registered in the title deed.

The special provincial administrations and municipalities may establish usufruct rights upon purchasing, in return for a flat or as regulated in the relevant articles of the Turkish Civil Law numbered 4721 and limited right in kind via the establishment of superficies instead of the expropriation of the immovable asset should they deem it appropriate.

(Amended in the Official Gazette Issue No 26959 of 06/08/2008) The immovable property within the renovation area belonging to the Undersecretariat of Treasury excluding any such property allocated for a public service, such property for which preliminary permission is given or on which usufruct is instituted, any such property included in the scope of Law No 2565 on Military Prohibited Zones and Security Zones and any such property included in the scope of any civilian and military airports and barrier plans shall be transferred at no cost to the provincial administration or municipality that carries out the project upon a proposal by the Ministry of Finance and a Cabinet decree. Transfer procedures are exempt from all kinds of taxes, levies, duties and charges. Any such immovable property not used in compliance with the objective of the transfer are registered in the name of the Treasury at no cost ex officio.  50 per cent of the revenues to be generated through the said immovables, which remain after the project and implementation costs are deducted is transferred to the Treasury. In places that have been declared as renovation areas, the immovable property within the scope of the renovation  project may not be sold, leased, allocated or treated as part of servitude by the Treasury until the transfer procedure finalized.

(Amended in the Official Gazette Issue No 26959 of 06/08/2008) In case of any immovable property owned or administered by General Directorate of Pious Foundations as well as any immovable property for which there are annotations by General Directorate of Pious Foundations on the title registrations thereof, the method of implementing the provisions of this Law is jointly determined by the General Directorate of Pious Foundations and provincial special administration or municipalities.

(Amended in the Official Gazette Issue No 26959 of 06/08/2008) Funds are transferred from the account of the Contribution Share for Conservation of Immovable Cultural Propertiesestablished as per Article 12 of Law No 2863 on the Conservation of Cultural and Natural Properties to the municipalities for use in the expropriation, plan, project and implementation works of the projects to be implemented in the renovation areas.

Establishment of restricted rights in kind

ARTICLE 5.- The buildings and their appurtenances at the disposal of public institutions and organisations which have the quality of historical antiquities may be established as restricted rights in kind of associations working for the interest of the public in the fields of education, health, culture and society, and foundations, professional organisations having the quality of public institutions and other public institutions and organisations and universities and real or legal persons to be used for commercial activities on condition that they be commissioned to be restored in line with their historical characteristics and/or their historical characteristics be conserved and the ownership remain with the respective public institution or organisation.

The substance and procedures regarding the establishment of restricted rights in kind and their period of use shall be determined by the respective municipality or public institutions or organisations within the framework of the Turkish Civil Law, Special Provincial Administration Law, Municipial Law and other relevant legislation.

Regulation

ARTICLE 6.- The implementation regulation of this Law shall be put into effect within three months following the publication of the law by the Council of Ministers upon the proposal of the Ministry of the Interior.

Provisions not to be implemented

ARTICLE 7.- In the renovation areas within the scope of this law, the provisions of other laws that are contradictory with this Law may not be implemented, notwithstanding other obligations arising from international law.

Entry Into Force

ARTICLE 8.- This Law shall be effective on the date of its publication.

Enforcement

ARTICLE 9.- The provisions of this Law shall be enforced by the Council of Ministers.