Although the period for new applications for Building Registration Certificates (Yapı Kayıt Belgesi) issued under the Zoning Amnesty (İmar Barışı) has ended, the legal consequences of these certificates remain at the centre of many administrative and judicial disputes in 2026. The real question today is not obtaining a new Building Registration Certificate, but whether a certificate obtained in the past retains its validity, in which situations it may be cancelled, whether demolition or an administrative fine may be imposed despite the certificate, how it can be proved that the building was constructed before December 31, 2017, to what extent the certificate produces consequences in specially protected areas such as coast, heritage site, forest and pasture, and what its effect is on title deed and ownership transactions.
Provisional Article 16 of the Zoning Law No. 3194 (İmar Kanunu) regulates the Building Registration Certificate as a temporary status relating to the intended use of the building. As a rule, the certificate remains valid until the building is rebuilt or an urban transformation project is implemented. However, this status does not convert the building into a classic construction permit or occupancy permit that brings it fully into line with the zoning plan; it does not automatically eliminate ownership disputes, neighbour law or special protection legislation.
This article systematically explains the legal framework to be applied to existing Building Registration Certificates as of 2026, in the light of current legislation and the decisions of the Constitutional Court and the Council of State.
1. The Current Legal Position of the Zoning Amnesty and the Building Registration Certificate in 2026
1.1. Can a new Building Registration Certificate application be made?
No. The periods provided for new Building Registration Certificate applications under the Zoning Amnesty ended in the past. It is therefore not possible in 2026 to obtain a new Building Registration Certificate for the first time on the basis of Provisional Article 16. Current disputes concentrate on the legal effects, updating, transfer and cancellation of certificates issued earlier, and on the fate of transactions carried out in reliance on those certificates.
The fact that the application period has closed does not mean that existing Building Registration Certificates have become void of their own accord. A valid certificate may continue to produce the consequences recognised by the law until the building is rebuilt or an urban transformation project is implemented.
1.2. Is the Building Registration Certificate a permanent zoning right or an acquired right?
The Building Registration Certificate is a temporary legal status that protects the current use of the building under certain conditions. It does not create a new right to build in the zoning plan, does not guarantee that the same building mass can be rebuilt in the future, and does not prevent the application of the zoning plan and legislation in force if the building is renewed.
For this reason, the generalisation that “a building with a Building Registration Certificate is now in exactly the same status as a building with a permit and an occupancy permit” is not legally correct. The consequences of the certificate must be assessed within the limits drawn by Provisional Article 16 and the relevant special legislation.
2. The Basic Legal Foundations of the Building Registration Certificate
2.1. Provisional Article 16 of the Zoning Law No. 3194
The basic foundation of the Building Registration Certificate is Provisional Article 16, added to the Zoning Law No. 3194 by Article 16 of Law No. 7143. The provision aimed to bring on record unlicensed buildings, or buildings contrary to their permit and its annexes, constructed before December 31, 2017, and provided that the information in the application be entered into the Building Registration System on the basis of the building owner’s declaration.
The current text of the law shows that the Building Registration Certificate relates to the intended use of the building, may enable a temporary water, electricity and natural gas connection upon request, may under certain conditions serve as the basis for a change of category and the establishment of condominium ownership, and also contains special sale provisions for Treasury and municipal real property.
2.2. Procedures and Principles Concerning the Issuance of Building Registration Certificates
The Procedures and Principles Concerning the Issuance of Building Registration Certificates (Yapı Kayıt Belgesi Verilmesine İlişkin Usul ve Esaslar), published in the Official Gazette of June 6, 2018, regulate in detail the issuance and use of the certificate, change of category, condominium ownership, supervision and cancellation processes. However, provisions of secondary legislation contrary to the law are subject to judicial review. Indeed, by its decision of March 5, 2024, E.2021/10206, K.2024/1540, the 6th Chamber of the Council of State (Danıştay) annulled the wording in paragraph 8/2 of the Communiqué, “the amount paid as the Building Registration Certificate fee shall not be refunded,” on the ground that it had no statutory basis.
2.3. Why is the Constitutional Court’s 2024 earthquake safety decision important?
By its decision of July 23, 2024, E.2023/74, K.2024/141, the Constitutional Court (Anayasa Mahkemesi, AYM) annulled the sentence in Provisional Article 16 reading “The earthquake resistance of the building is the responsibility of the owner.” The decision was published in the Official Gazette of December 3, 2024.
This decision does not change the fact that the Building Registration Certificate is not a technical safety document; but it shows that an approach that places the State’s duty of oversight and supervision wholly on the owner is constitutionally unacceptable. Accordingly, the Building Registration Certificate cannot be interpreted as a document showing that the earthquake safety of the building has been approved by the administration.
3. The Most Critical Date for the Validity of the Building Registration Certificate: December 31, 2017
3.1. The building or violation must have existed before 31.12.2017
The most basic condition of Provisional Article 16 is that the building, or the violation covered by the certificate, existed before December 31, 2017. It is not possible to protect a new building, additional storey, enclosed area, enlargement or substantial works made after this date merely by relying on a Building Registration Certificate obtained earlier.
The Building Registration Certificate does not constitute a blank cheque for new unlicensed construction carried out in 2018 and afterwards. Works carried out after the certificate that exceed the limit of simple maintenance and repair may also be subject to sanctions under Articles 32 and 42 of Law No. 3194; depending on the specific case, cancellation of the certificate may also come into question.
3.2. How is pre-31.12.2017 construction proved?
In administrative disputes, determining the date cannot be resolved by the applicant’s declaration alone. The Council of State requires that whether the building or violation existed before 31.12.2017 be determined with concrete and verifiable data.
In practice, satellite images, old photographs and inspection records in the municipal archive, the construction permit and level determination records, electricity and water subscription and consumption records, aerial photographs, dated real estate advertisements, notarial determinations, dated private photographs, building inspection records, expert examination and, where necessary, an on-site examination may be assessed together. Rather than relying on a single item of data, the corroboration of the evidence by one another increases the strength of the defence.
3.3. The current approach of the Council of State
In its 2025 decisions as well, the 6th Chamber of the Council of State emphasises that the fact that the Building Registration Certificate was issued on the basis of a declaration does not prevent the administration from carrying out a subsequent inspection; and that the certificate may be cancelled if it is concretely determined that it does not meet the statutory conditions. On the other hand, disregarding a valid certificate without concretely proving that the building was constructed after 31.12.2017 or is located in an excepted area is also not lawful.
For this reason, the question at the centre of a cancellation or sanction action is often not “is there a certificate?” but “which physical structure and which historical works does the certificate cover?”
4. In Which Situations Can a Building Registration Certificate Be Cancelled?
4.1. A certificate has been obtained for a building for which no certificate can lawfully be issued
Where a certificate has been issued for buildings falling within the express exceptions of Provisional Article 16, cancellation comes into question. Chief among these are buildings on real property subject to the private ownership of third parties and buildings on land owned by the Treasury allocated for social facilities. Paragraph 11 of the Law also excludes from scope certain parts of the Bosphorus, the Istanbul historic peninsula and the Gallipoli Historical Site.
4.2. The building or violation was constructed after 31.12.2017
This is one of the most frequently encountered grounds for cancellation. If it can be shown with data such as satellite images, level determination records, the permit process or on-site examination that the whole building, or the violation covered by the certificate, was created after the critical date, the certificate may be cancelled. In its decision E.2025/3444, K.2025/5645, the 6th Chamber of the Council of State also assessed that the violations did not exist before 31.12.2017 on the basis of the occupancy permit date and inspection data.
4.3. False or inaccurate declaration
The Building Registration System was essentially based on the applicant’s declaration. However, the declaration system does not mean that wrong information will create an acquired right. Making a declaration contrary to the facts in essential elements such as the building class, area, type of use, ownership status or construction date may lead to the correction or cancellation of the certificate and, if the conditions are met, to a judicial process for a false declaration under Article 206 of the Turkish Penal Code.
4.4. Substantial alteration of the building after the certificate was obtained
The certificate preserves the physical situation recorded on the date of application. An additional storey, a new independent unit, a new enclosed area, a substantial intervention affecting the load-bearing system, or an enlargement of the building beyond the scope of the certificate made afterwards does not mean that the certificate protects the new works. The administration may carry out a new stop-work record and sanction acts in respect of the parts constructed afterwards.
5. What Happens When a Building Registration Certificate Is Cancelled?
5.1. The zoning-law protection provided by the certificate ends
A valid Building Registration Certificate provides a certain protection under Law No. 3194 for the building it covers. After the certificate has been lawfully cancelled, however, the administration may make a fresh determination about the unlicensed building or building contrary to its permit and take action within the framework of Articles 32 and 42 of Law No. 3194.
In its decision E.2024/1988, K.2025/1956, the 6th Chamber of the Council of State also stated expressly that after the competent administration cancels a certificate found to have been issued contrary to the law, a new stop-work record may be drawn up and action taken under Article 32.
5.2. Is the Building Registration Certificate fee necessarily lost?
It is no longer correct to say that “if the certificate is cancelled, the fee paid is not refunded in any circumstances.” The decision of the 6th Chamber of the Council of State dated March 5, 2024, E.2021/10206, K.2024/1540, annulled the categorical prohibition of refund in paragraph 8/2 of the Communiqué. A refund of the fee must therefore be examined separately according to the ground for cancellation, the legal cause of the payment, whether there was a false or incomplete declaration, and the relevant provisions of secondary legislation.
In files involving a false declaration, underpayment of the fee or another ground for cancellation in particular, a refund is not automatic. The strategy for the administrative application and the action must be built together with the reasoning of the cancellation decision.
5.3. Are transactions made at the land registry deleted automatically?
In the ministry’s opinions on implementation, it is stated that the cancellation of a Building Registration Certificate does not by itself automatically delete title deed registrations previously made in reliance on the certificate; the change in the land registry must be assessed according to the land registry law’s own procedures, such as the consent of the persons concerned or a court decision. However, this does not mean that the effect of an erroneous certificate on the title deed will be preserved indefinitely. The administrations concerned and the right holders may face separate land registry and ownership disputes.
6. Can Demolition and an Administrative Fine Be Imposed While a Building Registration Certificate Exists?
6.1. If the certificate existed and was valid before the act
As a rule, it is not possible under the Zoning Law No. 3194 to take a new demolition and administrative fine act in respect of a pre-31.12.2017 violation covered by a valid Building Registration Certificate. In its decision E.2023/2291, K.2025/6119, the 6th Chamber of the Council of State also emphasised that the protection afforded by the certificate cannot be disregarded where the certificate has not been cancelled and it has not been concretely shown that the building falls outside the scope of the certificate.
However, if the work subject to the sanction was carried out after the certificate, or if the certificate covers only another part of the building, the result changes. Resolving the dispute between the administration and the building owner requires comparing the area and nature information in the building registration certificate with the actual situation on site.
6.2. If the demolition or fine decision was taken before the certificate
The fourth paragraph of Provisional Article 16 provides for the cancellation of demolition decisions taken under Law No. 3194, and administrative fines that could not be collected, relating to buildings for which a Building Registration Certificate has been issued. However, how a Building Registration Certificate that emerges later within an existing action is to be treated may give rise to procedural differences with regard to the date of the act and whether the administration took a new act on the basis of the certificate. Each final or pending file must therefore be assessed on its own chronology of acts.
6.3. The Constitutional Court’s annulment decision concerning the Bosphorus Law No. 2960
The reference to the Bosphorus Law No. 2960 that appeared for a time in the fourth paragraph of Provisional Article 16 was annulled by the Constitutional Court’s decision of September 24, 2020, E.2019/21, K.2020/51. In the current text of the law, protection is regulated with regard to demolition decisions taken, and administrative fines that could not be collected, under “this Law,” that is, the Zoning Law No. 3194. Because of this change, statements in older sources such as “the sanctions under Law No. 2960 are also lifted automatically” are not current.
7. The Position of the Building Registration Certificate in Coastal, Heritage Site, Forest and Pasture Areas
7.1. The older broad interpretation is no longer safe
In the early years of the Zoning Amnesty, because Provisional Article 16 did not expressly list all coastal, forest, pasture or heritage site areas, there were administrative opinions and judicial debates to the effect that certificates obtained in these areas were valid and that only the sanctions of special laws could be applied separately. Council of State decisions of 2024 and especially of 2025, however, have reinforced a stricter approach.
In its decision of April 9, 2025, E.2023/1456, K.2025/1857, the 6th Chamber of the Council of State accepted that, under Article 4 of Law No. 3194, special legislation must be applied first in areas protected by special laws such as natural, historical and archaeological heritage sites, cultural assets, forests, pastures and coasts; and that real property located in areas where construction is prohibited under Laws No. 2863 and No. 3621 cannot benefit from the rights afforded by Provisional Article 16.
7.2. Forest and pasture areas
In its decision of May 21, 2024, E.2022/3763, K.2024/2294, the 13th Chamber of the Council of State stated that, even though forest and pasture areas are not expressly listed in Provisional Article 16 and the Communiqué, buildings in forest and pasture areas where there is a prohibition on construction, taking into account Article 4 of Law No. 3194 and the special protection laws, cannot benefit from the rights afforded by the Building Registration Certificate.
Accordingly, as of 2026, a legal assessment in the form of “if a certificate was obtained in a forest or pasture area it is certainly valid” should not be made. The legal nature of the parcel, the finalised forest cadastre/pasture allocation, the location of the building and the permit regime of the special law must be examined together.
7.3. Coastal and heritage site areas
Coasts are subject to special protection under Article 43 of the Constitution and the Coastal Law No. 3621. Heritage sites and cultural assets requiring protection are subject to a special permit and protection regime under Law No. 2863. The Building Registration Certificate is not a permit that removes the permission of the conservation board or the construction prohibitions in coastal legislation in these areas.
Likewise, the Constitutional Court’s decision of December 4, 2019, E.2019/109, K.2019/91, stated clearly that the Building Registration Certificate does not prevent the application of Laws No. 2863 and No. 3621.
7.4. How should a file in special areas be examined?
For real property subject to a special law, it is not enough to look only at the Building Registration Certificate. The parcel’s shoreline edge line, heritage site grade and protection status, forest or pasture record, conservation-purpose zoning plan, allocation status, board decisions and, if any, demolition/evacuation decisions made under the special law must be examined together.
In Antalya and other coastal provinces in particular, a property may be subject at the same time to more than one legal regime, such as coast, heritage site, tourism centre, forest or Treasury ownership. Each status may produce a separate consequence.
8. Does the Building Registration Certificate Confer a Right of Ownership?
8.1. The certificate is not a title deed
The Building Registration Certificate does not by itself create a right of ownership in the land on which the building stands. A building that encroaches on another person’s private property does not acquire a real right in that land merely because a Building Registration Certificate was obtained. Private-law claims of the owner such as prevention of interference, compensation for unjust occupation (ecrimisil), and removal of the structure or restoration to the former state may continue according to the specific case.
8.2. Neighbour-law and Condominium Law disputes
The Building Registration Certificate does not automatically make lawful interventions in common areas under the Condominium Law (Kat Mülkiyeti Kanunu) or encroachments contrary to neighbour law. In disputes such as the enclosure of a common area, the enlargement of an independent unit, the use of the common roof/terrace, or encroachment on a neighbouring parcel, civil law and condominium provisions apply separately.
9. Can a Change of Category and Condominium Ownership Be Established?
9.1. Statutory conditions
Under the fifth paragraph of Provisional Article 16, for buildings that have no construction permit or have not obtained an occupancy permit, the Building Registration Certificate may allow a change of category and the establishment of condominium ownership without requiring an occupancy permit, provided that all owners consent and the areas corresponding to public service areas in the zoning plans are relinquished.
However, in areas subject to a special law, the land registry transaction must not be contrary to the special legislation. Cancellation of the Building Registration Certificate, or the property being under a special protection regime, creates a serious risk for the validity and sustainability of land registry transactions.
10. Building Registration Certificate and Sale in Respect of Treasury Real Property
10.1. Application period for purchasing Treasury real property
The current seventh paragraph of Provisional Article 16 provides that holders of Building Registration Certificates and their statutory or contractual successors must make requests for the direct purchase of Treasury real property by December 31, 2022. This period has expired as of 2026.
Accordingly, as regards Treasury real property today, it must first be investigated whether a purchase application was made in time, at what stage the application is, whether the real property is excluded from sale under a special law, and what the certificate holder’s position as successor is.
10.2. Can every item of Treasury real property be sold?
No. For forest, pasture, coast and similar public property that must be assessed under special laws, or real property subject to another protection regime, the Building Registration Certificate does not guarantee a direct sale. The sale regime varies according to whether the real property is in the private ownership of the Treasury and whether it is subject to special-law limitations.
11. Building Registration Certificate on Municipal Real Property
11.1. Direct sale provision
The eighth paragraph of Provisional Article 16 provides that where a building for which a Building Registration Certificate has been obtained is located on real property belonging to the municipality, the real property will be sold directly at its current market value upon the request of the certificate holders and their statutory or contractual successors, provided that the price is paid to the municipality.
The application period of December 31, 2022 set out for Treasury real property in the seventh paragraph does not appear in the same way in the text of the eighth paragraph concerning municipal real property. Nevertheless, whether a sale is possible must be examined separately in terms of matters such as whether the real property is allocated to a public service, its special-law status, its zoning function and the nature of the municipality’s ownership.
12. Can a Building with a Building Registration Certificate Be Strengthened?
12.1. Strengthening under Provisional Article 21
Provisional Article 21 of the Zoning Law No. 3194 allows strengthening to be carried out in buildings that have obtained a Building Registration Certificate by taking a strengthening decision within the framework of the Condominium Law No. 634, provided that no additional construction area is created. The strengthening must be based on a strengthening project approved by the relevant administration and be subject to the supervision provided in building inspection legislation.
If the real property is owned by the municipality or the Treasury, strengthening cannot be carried out without purchasing it. If the building encroaches on real property belonging to a third party, the consent of that third party is required. In addition, buildings within the scope of Law No. 2863 are excluded from the strengthening regime of Provisional Article 21.
13. The Effect of the Building Registration Certificate in Criminal Law
13.1. The offence of causing zoning pollution
Article 184/5 of the Turkish Penal Code provides for certain consequences where a person brings an unlicensed building or a building contrary to its permit into conformity with the zoning plan and its permit. The relationship of the Building Registration Certificate with this provision during the Zoning Amnesty period has been the subject of Court of Cassation (Yargıtay) decisions; its effect on the offence of causing zoning pollution has been accepted for buildings covered by the certificate. However, in each criminal file, the date of the offence, the nature of the building, the validity of the certificate and whether it was later cancelled must be assessed separately.
13.2. Breaking a seal and offences under Law No. 2863
The Building Registration Certificate does not automatically remove the offence of breaking a seal. Likewise, it does not make lawful unauthorised construction and physical interventions within the scope of the Law on the Protection of Cultural and Natural Property No. 2863 merely because a certificate was obtained. In a criminal file, therefore, it is not sufficient to rely only on the existence of the Building Registration Certificate.
14. What Can Be Done Against the Cancellation of a Building Registration Certificate?
14.1. The ground for cancellation and the supporting evidence must be obtained
The first step is to clarify on which material fact the cancellation act is based. It must be established from the file which ground the administration used, such as “building constructed after 31.12.2017,” “special law area,” “third-party ownership,” “social facility area,” or “incorrect declaration of area or use,” and by which document it proved it.
14.2. The administrative application and the time limit for filing suit must not be missed
The cancellation of a Building Registration Certificate is an executory administrative act and may, as a rule, be made the subject of an annulment action in the administrative judiciary. The time limit for filing suit must be determined taking into account the proper notification of the act or the date it was learned and any mandatory or optional administrative application processes. The calculation of the period must be made on the specific file; a time limit for filing suit must not be assumed on the basis of general information.
14.3. When does a stay of execution become important?
If consequences that are difficult to reverse, such as demolition, sealing, a fine, or a subscription or land registry act, may arise after the cancellation of the certificate, a request for a stay of execution together with the annulment action is of strategic importance. However, the conditions in the Administrative Procedure Law No. 2577 (İYUK) for a stay of execution must be shown concretely and with documents.
15. Which Documents Should Be Examined in a Building Registration Certificate File?
15.1. Minimum document checklist
For a sound legal assessment, the PDF printout of the Building Registration Certificate alone is not sufficient. At the very least, the following documents should be examined together: the Building Registration Certificate and application form; e-Devlet declaration and update records; title deed and cadastre records; zoning status and plan sheets; the construction permit and occupancy permit, if any; stop-work records; municipal council (encümen) decisions; satellite/aerial photographs; correspondence of the municipality and the Provincial Directorate; documents showing special-law status, such as the shoreline edge line, heritage site, forest, pasture or allocation documents; change of category/condominium ownership transactions at the land registry; and, if any, criminal investigation or trial documents.
If the ground for cancellation relates to the date of 31.12.2017, the focus should be on proof of the date; if it relates to special-area status, on the legal regime of the real property; if it relates to a false declaration, on the accuracy of the information and documents at the time of application.
16. The Most Important Legal Conclusions for 2026
16.1. Short conclusion
In 2026 the Building Registration Certificate is still a document capable of producing important legal consequences; but it is not an instrument for new applications. The protection provided by an existing certificate depends on the certificate having been issued in accordance with the law, on the correct determination of the physical situation it covers, and on the special-legislation status of the real property.
The certificate does not mean a change to the zoning plan, a new right to build, acquisition of ownership or approval of earthquake safety. It is possible for a certificate to be cancelled; but for cancellation the administration must have a statutory ground and concrete evidence. Conversely, the administration disregarding a valid certificate whose scope is clear, and applying the sanctions of Law No. 3194, may also constitute unlawfulness.
In areas subject to special laws, the 2024–2025 case law of the Council of State is stricter than the broad interpretations of the earlier period. In coastal, heritage site, forest, pasture, tourism and similar statuses, therefore, the Building Registration Certificate should not be regarded as a safe haven on its own.
17. Frequently Asked Questions
Can a new Building Registration Certificate be obtained in 2026?
No. The new application periods under Provisional Article 16 have ended. Transactions in 2026 concern the validity, transfer, updating, cancellation and legal consequences of existing certificates.
Does the Building Registration Certificate take the place of a construction permit?
No. The certificate is a temporary status relating to the use of the building. It is not a classic construction permit that brings the building fully into line with the zoning plan, nor a permanent zoning right that allows the same building to be rebuilt in the future.
Can a building with a Building Registration Certificate be demolished?
As a rule, a demolition sanction cannot be applied under the Zoning Law No. 3194 for a pre-31.12.2017 violation covered by a valid certificate. However, the result may change if the certificate has been cancelled, if the building has been enlarged afterwards, or if a special-law regime applies.
If the Building Registration Certificate is cancelled, can a refund be obtained?
In 2024 the 6th Chamber of the Council of State annulled the categorical “fee shall not be refunded” provision in the Communiqué. A refund is therefore possible; but the ground for cancellation and the characteristics of the specific file are decisive.
Is a Building Registration Certificate in a coastal or heritage site area valid?
A one-sentence answer would not be correct. In the current approach of the Council of State, the construction prohibitions and permit regimes in special laws are taken into account first. The certificate does not by itself eliminate a violation of Laws No. 3621 or No. 2863; in some cases cancellation of the certificate may also be found lawful.
Does the Building Registration Certificate give title deed rights?
No. The certificate alone does not create ownership of the land. Although there are special sale provisions for Treasury and municipal real property, these are subject to separate conditions. For a building on real property belonging to a third party, the Building Registration Certificate does not confer a right of ownership.
Can a building with a Building Registration Certificate be strengthened?
Yes, strengthening may be possible under the conditions provided in Provisional Article 21 and without creating additional construction area. The strengthening project, the permission of the relevant administration, the condominium decision and the building inspection conditions must be separately satisfied.
18. Selected Decisions from Current Case Law
Constitutional Court, E.2023/74, K.2024/141, July 23, 2024
The statutory sentence providing that the earthquake resistance of a building for which a Building Registration Certificate has been issued is solely the responsibility of the owner was annulled. The decision reinforced the importance of the oversight and supervision duty of public authorities in the context of the right to life and the right to an effective remedy.
Council of State 6th Chamber, E.2021/10206, K.2024/1540, March 5, 2024
The wording in Article 8/2 of the Communiqué, “the amount paid as the Building Registration Certificate fee shall not be refunded,” was annulled on the ground that it had no statutory basis.
Council of State 13th Chamber, E.2022/3763, K.2024/2294, May 21, 2024
The priority of the construction prohibitions of special laws in forest and pasture areas was emphasised; it was accepted that the rights afforded by Building Registration Certificates obtained in these areas may not be enjoyed.
Council of State 6th Chamber, E.2023/1456, K.2025/1857, April 9, 2025
The priority of special legislation was accepted for real property located in areas where construction is prohibited under Laws No. 2863 and No. 3621, and the act cancelling the Building Registration Certificates was found lawful.
Council of State 6th Chamber, E.2024/1988, K.2025/1956, April 14, 2025
It was stated that after the cancellation of a Building Registration Certificate found to have been issued contrary to the law, a new stop-work record may be drawn up and action taken under Article 32 of Law No. 3194.
Council of State 6th Chamber, E.2023/2291, K.2025/6119
The approach was maintained that a valid and uncancelled Building Registration Certificate cannot be disregarded without concretely showing that the building lies in a prohibited area or was constructed after 31.12.2017.
19. Legal Assessment and Professional Support
Every Building Registration Certificate file must be examined with its own real property and transaction history
Building Registration Certificate disputes, although based on the same type of document, can lead to very different results. In one file, proving pre-31.12.2017 construction may be decisive, whereas in another the main dispute may be the shoreline edge line, a heritage site decision, Treasury ownership, an allocation for social facilities, a municipal sale transaction, additional works carried out afterwards, or a title deed registration.
For this reason, before an action or an administrative application, not only the certificate itself but the plan, ownership, special-area, construction and transaction chronology of the real property must be examined as a whole.
Sources and Legislative Notes
- Zoning Law No. 3194, Provisional Articles 16 and 21.
- Law No. 7143, Article 16; Law No. 7221, Article 14; Law No. 7394, Article 13.
- Procedures and Principles Concerning the Issuance of Building Registration Certificates, Official Gazette of 06.06.2018, No. 30443, and its amendments.
- Constitutional Court, E.2019/109, K.2019/91, 04.12.2019.
- Constitutional Court, E.2019/21, K.2020/51, 24.09.2020.
- Constitutional Court, E.2023/74, K.2024/141, 23.07.2024, Official Gazette of 03.12.2024, No. 32741.
- Council of State 6th Chamber, E.2021/10206, K.2024/1540, 05.03.2024.
- Council of State 13th Chamber, E.2022/3763, K.2024/2294, 21.05.2024.
- Council of State 6th Chamber, E.2023/1456, K.2025/1857, 09.04.2025.
- Council of State 6th Chamber, E.2024/1988, K.2025/1956, 14.04.2025.
- Council of State 6th Chamber, E.2023/2291, K.2025/6119.
- Council of State 6th Chamber, E.2025/3444, K.2025/5645, 10.11.2025.
- Council of State 6th Chamber, E.2024/5618, K.2025/6140, 26.11.2025.