Before having a house, prefabricated structure, steel structure or any other type of building constructed on a plot of land, it is important to check the zoning and permit processes. Buildings constructed without the necessary permits, or built in violation of the existing permit and approved plans, may be considered illegal construction under zoning legislation.
In Türkiye, procedures concerning illegal buildings are based on Zoning Law No. 3194. The discovery of an unpermitted building may not result in a fine alone; it can also lead to construction being halted, the building being sealed and, where the conditions are met, a demolition order.
What Is Illegal Construction?
An illegal building can be defined as a structure built without the required building permit, or one built in violation of the permit obtained and the approved plans.
For example, building a larger area than specified in the permit, adding an extra floor contrary to the approved plans, or putting up a building without permission on land that requires a permit can all cause problems under zoning legislation.
There is an important point to note here: the fact that a building is prefabricated or made of steel does not, on its own, exempt it from the permit requirement. The zoning status of the land, the intended use and nature of the building, and the planning provisions in force in the area must all be considered together.
What Happens If Illegal Construction Is Detected?
When the relevant authority detects a building that has no permit or does not comply with its permit, the current state of construction may be recorded, the building may be sealed and construction may be stopped.
Within the legal process, the building owner may be given time to remedy the violation or, if the necessary conditions are met, to bring the building into compliance with a permit.
If the violation cannot be remedied or the building cannot be brought under a permit, the relevant authority may issue a demolition order. If the demolition is carried out by the authority, the costs incurred may also be recovered from the building owner.
How Much Is the Penalty for Illegal Construction?
The administrative fine imposed for illegal construction is not the same for every building.
When calculating the fine, various criteria such as
- the size of the building,
- the building class and group,
- the area that violates the regulations,
- the location of the property,
- the nature of the building,
- its impact on the environment and the surrounding settlement,
- the risk it poses to the safety of life and property
may be taken into account.
For this reason, calculating the current fine based on outdated “fixed illegal construction fine per square meter” figures found online may not be accurate. The exact amount is determined by the findings of the relevant authority and the legislation in force.
What Happens If the Illegal Construction Fine Is Not Paid?
Not paying the administrative fine does not mean that the building becomes legal or that the risk of demolition disappears.
For unpaid public debts that have become final, collection proceedings may be initiated under the relevant legislation. In addition, the fine and the building’s permit and demolition processes should be considered separately. In other words, simply paying the fine does not automatically make an unpermitted building legal either.
Do You Need a Permit Before Building a Prefabricated House?
One of the most common mistakes made by people planning to have a prefabricated house built is assuming that prefabricated buildings can be installed on any land without a permit.
In fact, for prefabricated buildings intended for permanent use, the zoning status of the land and the requirements of the relevant municipality or competent authority must also be checked. Reviewing the title deed, zoning status, building setbacks and required permit procedures before starting the project can help prevent fines and the risk of demolition later on.
At Alyans Prefabrik, we develop prefabricated and light steel building solutions tailored to the intended use of each building and the needs of each project. If you are planning to invest in a new prefabricated building, verifying the zoning and permit requirements for your land with the relevant authorities before production begins is essential for a safe project process.
This content has been prepared for general information purposes only and does not constitute legal advice. For matters specific to your building or land, please obtain up-to-date information from the relevant municipality, the competent authority or a legal professional.
