With the Presidential Decree on Settlement and Construction Under the State of Emergency (OHAL), the measures taken for settlement and construction in the provinces within the scope of the State of Emergency, which was declared by the President's decision on February 8, were determined.
According to the decree, temporary or final residence areas of those affected by the disaster in places considered as disaster areas effective in general life due to the Kahramanmaraş-centered earthquakes that took place on 6 February; The Ministry of Environment, Urbanization and Climate Change will be determined ex officio and notified to the relevant institutions, without prejudice to the duties and powers of the Disaster and Emergency Management Presidency (AFAD) regarding the determination of new settlements, taking into account criteria such as its distance to the fault line, the suitability of the ground, and its proximity to the settlement center.
In case of necessity while making this determination, the areas specified in the Additional Article 4342 of the Pasture Law No. 6831 and the Forest Law No. 16 can also be used. In this context, qualification changes will be made ex officio in the areas where qualification changes are required, and these places will be registered in the name of the Treasury and the transactions will be reported to the relevant institutions.
In places where qualification changes are required, if there are areas specified in the additional article 16 of the Forestry Law, the Treasury immovable, not less than twice this area, will be allocated to the General Directorate of Forestry in order to establish a forest.
Provisions regarding suspension, announcement and objections will not be applied in plan and parceling transactions.
In places that are considered as disaster areas effective for general life, excluding those whose litigation process is ongoing and those that have not yet been registered in the land registry, the places that have not been identified, within the scope of the 22nd article of the Cadastre Law, are requested by the relevant institutions, upon the request of the Ministry of Environment, Urbanization and Climate Change. In accordance with the purpose of this decree, administrative registration will be made in the name of the Treasury without taking their opinions.
In accordance with the site plan to be approved by the Ministry of Environment, Urbanization and Climate Change and the building permit to be issued, in line with the geological survey report and ground survey report, without waiting for the plan and zoning applications to be approved by the Ministry of Environment, Urbanization and Climate Change, in the determined settlement areas including the village settlement areas and in the existing urban areas. application will be made.
In the plans and parceling plans approved by the Ministry of Environment, Urbanization and Climate Change in these areas, the provisions of the Zoning Law regarding suspension, announcement and objections in the plans and parceling transactions will not be applied. In these areas, immovable property or zoning rights can be partially or completely transferred to another area. These rights can be subject to barter and barter transactions.
No revolving fund fee or fee under any name will be charged for transactions.
Plan, subdivision, construction license, transfer of immovable property or zoning rights, clearing and barter transactions and papers issued due to these transactions will be exempt from stamp tax, duties, fees and participation fees. Due to these transactions, no fee, revolving fund fee or any price under any name will be collected.
In the temporary or final settlement areas determined by the Ministry of Environment, Urbanization and Climate Change, the permissions given in accordance with the Pasture Law, the permissions given in accordance with the Forest Law, the rental agreements regarding the recreational areas, forest parks and immovables leased by the General Directorate of Forestry in accordance with the State Tender Law and within the scope of the Pasture Law. Changes in the allocation purpose of the areas whose allocation purpose has been changed but not yet registered in the name of the Treasury in the land registry, will be deemed to have been canceled or terminated ex officio, depending on the relevance of the allocation areas given within the scope of Article 8 of the Tourism Incentive Law.
The entrepreneurial part of the mining license areas corresponding to the temporary or final settlement areas determined by the Ministry of Environment, Urbanization and Climate Change, excluding the licenses for the tenders with the condition of producing intermediate and end products, which are regulated within the scope of the third paragraph of Article 30 of the Mining Law. With the decision of the Ministry, it will be deemed to have been ex officio negligent from the mining license area as of the date of the decision.
In case the temporary or final settlement area covers the entire license, the mining license will be deemed to have been canceled ex officio as of the decision date, with the decision of the Ministry of Environment, Urbanization and Climate Change. In the areas specified in the first paragraph, the Ministry of Environment, Urbanization and Climate Change may take a transfer or urgent expropriation decision, depending on its interest, for the immovables belonging to public institutions and organizations to be included in the application and for all other immovables subject to private ownership.
Expropriation procedures will be carried out by the Ministry of Environment, Urbanization and Climate Change or the Housing Development Administration (TOKİ). The expropriated immovables will be registered in the name of the Treasury upon the request of the Ministry of Environment, Urbanization and Climate Change or TOKİ.
During the registration and cancellation process, the tax relationship of the owners will not be sought due to this immovable property. However, the land registry office will notify the relevant tax office. After the registration, construction activities can be started in these areas. The valuation of real estates registered in the name of the Treasury will be made by licensed real estate appraisal institutions authorized in accordance with the Capital Market Law, within one month at the latest from the date of registration.
The determined value will be submitted to the civil court of first instance by the Ministry of Environment, Urbanization and Climate Change or TOKİ, and this amount will be deposited in the bank determined by the court to be paid to the immovable owners registered in the title deed before the registration. The deposited amount will be converted into a quarterly time deposit account and will be paid to the beneficiary together with the profits, if any. The decision regarding the payment of the price will be notified to the owners of the immovable by the court.
The rights in the land registry and all the annotations will continue on the price of the immovable.
Rights such as the precautionary measure, expropriation, mortgage, precautionary lien, seizure and usufruct, and all prohibitive and restrictive annotations in the land registry before the registration of the immovable will continue on the price of the immovable; The rights and annotations in the land registry will be canceled ex officio by the land registry directorate upon the request of the Ministry of Environment, Urbanization and Climate Change or TOKİ, and the situation will be notified to the right holder.
After the payment of the price, if an agreement cannot be reached in the reconciliation negotiations to be held on this price, the provisions of the Expropriation Law regarding the determination and payment of the price will be applied. Within the scope of this paragraph, those to be transferred from the immovables belonging to public institutions and organizations will be registered ex officio in the name of the Treasury. The price of the immovable will be determined in accordance with the provisions of Article 60 of the Expropriation Law within 30 days from the registration process. In cases where there is no provision in this paragraph, the provisions of the Expropriation Law will be applied.
Ministry of Environment, Urbanization and Climate Change; It will be authorized to make or have all kinds of construction including infrastructure and superstructure, to determine land shares, to change type, to establish condominium servitude and condominium. These applications can be carried out in cooperation with the affiliated, related and related institutions, organizations and their affiliates of the Ministry of Environment, Urbanization and Climate Change and the administrations subject to the Public Procurement Law. The Ministry of Environment, Urbanization and Climate Change will transfer the authority to TOKİ with its affiliated, related and related institutions, organizations and their affiliates regarding the works and transactions specified in this context, and which of these works and transactions will be carried out by TOKİ and other institutions, organizations and their affiliates. will be authorized to determine
Domestic or foreign persons, institutions and organizations will be able to build residences and workplaces.
by AFAD; Housing, workplace and infrastructure facilities within the framework of the protocols to be concluded within the scope of this article, and maps, surveys, projects, zoning plans of all types and scales necessary for these, Engineering services such as subdivision can be made, or residences or workplaces built to be given to beneficiaries can be purchased from these administrations.
In this context, AFAD will be able to transfer resources to the Ministry of Environment, Urbanization and Climate Change and its affiliated, related and related institutions and organizations and their affiliates. The procedures regarding the approximate cost determination of the Public Procurement Law regarding the works and transactions to be performed and the provisions of the first paragraph of the article 62 (c) shall not be applied, provided that the preliminary project is done. Participation fee and technical infrastructure fee will not be collected from all kinds of transactions related to construction works and infrastructure.
Domestic or foreign persons, institutions and organizations will be able to build or have work places suitable for housing and workplace needs in the earthquake zone and to be donated to the Ministry of Environment, Urbanization and Climate Change in places to be indicated by the Ministry and in accordance with the type projects to be determined by the Ministry. In this context, the residences and workplaces donated to the Ministry will be transferred to AFAD to be given to the beneficiaries.
In these areas, natural gas, electricity, water, waste water and treatment facilities, waste processing facilities, communication and all other infrastructure investments will be completed primarily by the relevant institutions, establishments and distribution companies until the superstructure productions are completed.
Demolition wastes will be dumped in areas determined by the governorship.
Demolition wastes from disaster areas will be dumped in areas determined by the relevant governorship, provided that measures are taken to protect the environment. Wreckage wastes can be recycled and used in infrastructure and superstructure investments by providing the relevant standards and necessary conditions. These casting areas and the work and operations to be carried out in these areas will be exempt from the provisions of the relevant legislation regarding certification.
In order to obtain the resources needed to be used in the works and processes specified in this article, the Ministry of Environment, Urbanization and Climate Change, affiliated, related and related institutions, organizations and their affiliates and revolving fund enterprises with the approval of the Minister of Environment, Urbanization and Climate Change and the relevant administration Resources can be transferred by recording an expense in the budget.
Within the scope of the Law on the Transformation of Areas Under Disaster Risk, the personnel employed in the Ministry of Environment, Urbanization and Climate Change can be assigned by the Ministry in the works and transactions specified in this decree and carried out by the Ministry, its affiliates and related institutions and their affiliates.