Value based land regulation model and its applicability in Türkiye

Abstract

Land and land arrangement works in Türkiye are carried out in accordance with Article 18
of the Zoning Law No. 3194. According to the legislation, all cadastral parcels within the
regulation boundary are considered as a whole and converted into zoning parcels. It is usual
to experience an increase in value in these areas that gain the status of zoning parcel.
However, in practice, while some cadastral parcels within the regulation boundary benefit a
lot from this increase in value, some parcels are satisfied with less value increase. This
problem experienced in practice often leads to objection to the application or legal process
for citizens. According to Article 18 of the Zoning Law No. 3194, the implementation of valuebased distribution instead of area-based distribution, which is created by making a
deduction at the same rate from all parcels within the regulation boundary, is of great
importance in terms of eliminating the existing problems. However, the uncertainties
regarding the valuation of the land and land arrangement weaken the strength of the valuebased land and land arrangement approach. In this study, in order for the value-based land
and land arrangement model to be applicable and adopted by practitioners, the
"development right", which directly and most affects the value of immovable property, is
taken as the basis.