The Ministry of Environment, Urbanization and Climate Change answered the questions that citizens are curious about regarding the "transfer of development rights" that came into effect with the amendment to the "Law on Amending the Village Law and Some Laws" in 5 questions. A DEFINITION OF DEVELOPMENT RIGHTS TRANSFER HAS BEEN ADDED TO THE LAWThe proposal to amend 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 this regulation, a definition of "transfer of development rights" was added to the Development Rights Law. In a post made on the ministry's social media account, questions and answers regarding the transfer of development rights that citizens are curious about were shared. Accordingly, the questions regarding the transfer of development rights in 5 questions are as follows: 1- Which parcels will be covered?It will cover parcels that were allocated for public service areas (such as schools, hospitals, municipal service areas, official institution areas) in urban plans before 2019 but could not be expropriated for many years due to citizen ownership. 2- What will citizens gain from the transfer of development rights?Legal disputes arising from the inability to grant construction rights due to the fact that all or part of the citizens' parcels remain within public service areas will be resolved, preventing their grievances. 3- Will the citizen's property change hands without consent?There will be no confiscation of the citizen's property; on the contrary, the development rights corresponding to the parcel/share that citizens cannot use will be allowed to be used in another area determined by the urban planning decision. Thus, while citizens gain development rights, new public service areas will also be created. All transactions will be carried out for the benefit of the public and society. Moreover, legal disputes between public institutions, local governments, and citizens can also be resolved without imposing a financial burden on either party. 4- How will the transfer of rights be carried out?The value of the development rights that cannot be granted to citizens will be determined, and the rights corresponding to this value will be transferred to areas determined by the urban planning decision. 5- How will the price determination be made?All transactions will be established in accordance with the Expropriation Law by independent valuation institutions licensed by the Capital Markets Board, in line with real estate valuation principles. Citizens will not be victimized. The processes of transferring development rights will be carried out by the Ministry and local governments authorized to approve urban plans within their jurisdiction.
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