If the coastal edge line affects your property, the approved map sheet must first be overlaid on the cadastral boundary, and then the dates of announcement and notification must be established. The unlawfulness of the line is the subject of an annulment action in administrative justice; cancellation of the title and remedying of losses, depending on the nature of the dispute, are the subject of different routes of action. The fact that the title is still registered in your name does not mean that you have a right to build in every case, or that you cannot claim compensation.
How does the coastal edge line affect a property?
The legal position of a parcel close to the sea is not explained only by the “plot” or “field” designation in the title. Article 43 of the Constitution places the coasts under the sovereignty and disposal of the state. The Coastal Law No. 3621 (Kıyı Kanunu) in turn introduces special rules on benefiting from the coast and on construction. For this reason the zoning status certificate, the approved coastal edge line and any conservation decisions must be read together.
Are the coastline and the coastal edge line the same?
The coastline concerns the points at which water touches the land. The coastal edge line determines the natural landward boundary of the coast. The coastal strip (sahil şeridi) is a different area extending landward from the coastal edge line. It is wrong to read the rule of at least 100 meters in the Law as a single “building-prohibition distance” that can be applied everywhere, starting from the sea; the transitional provisions, the plan and the conditions of use are examined separately.
A property lying on the coast and a property lying in the coastal strip do not have the same consequences in terms of ownership and use. A litigation strategy cannot be built without determining on which side of the line the property lies on the map, how much of the parcel is affected and the geometry of that part.
Do a title deed and a municipal permit provide sufficient assurance?
Title deeds, building permits, occupancy certificates and past zoning decisions are important evidence. However, these documents do not by themselves change the constitutional status of the coast. Whether a permit created an acquired right is assessed by taking into account the date it was issued, its legal basis and the state of the works carried out. An old permit does not automatically create permission for new construction or an additional storey.
Where and when is an objection to the coastal edge line made?
The determination of the coastal edge line proceeds through the technical work of the commission within the governorship and the approval of the Ministry. Article 9 of the Regulation on the Implementation of the Coastal Law provides for the announcement of the line that has entered into force for one month and for objection to the governorship within the announcement period. The objection is examined by the commission within fifteen days and sent to the Ministry with a reasoned report; the final assessment is made by the Ministry.
Merely saying “I have a title deed” in the application does not provide a sufficient technical explanation. The date and number of the approval objected to, the map sheet number, the parcel details, the boundary considered erroneous and the documents showing this must be explained. The application receipt should be kept; it should be known that an oral conversation is not an application that preserves the time limit.
How are the objection and the time limit for suing distinguished?
In the administrative courts, the general period for filing an action is 60 days unless there is a special provision. However, which notification, announcement or knowledge started the period in respect of the coastal edge line should be examined in light of the person’s relationship with the act and earlier applications. A statement such as “I learned years after the posting” is not sufficient on its own; the concrete document of knowledge matters.
Under the conditions of Article 11 of the Administrative Procedure Law (İYUK), a request for withdrawal or amendment made within the period for suing may stop the running period. After a rejection or 30 days without a reply, the remaining period comes into play. It should not be assumed that every petition starts a new 60 days; the relationship of the special objection procedure with the general time-limit provisions must be calculated on the file. A request for information and an application asking for the act to be withdrawn are also not of the same nature.
Which unlawful features are examined in an annulment action?
Administrative justice reviews not whether an economic expectation has been realized, but whether the line was determined in accordance with the law and the technical principles. The natural features of the land, old aerial photographs, geological and geomorphological findings, the method of measurement and the consistency of the map sheets with one another are important in this examination.
Which documents should be in the file?
- The approved coastal edge line map sheet, the commission record and the technical report.
- Current and earlier cadastral map sheets, title records and the plot plan (çap).
- Dated copies of the announcement, notification, objection and the administration’s replies.
- Old aerial photographs, orthophotos and an expert opinion explaining the features of the land.
- Permit, occupancy certificate, zoning plan and any earlier judicial decisions.
A satellite image may be supporting data; by itself it is not regarded as a document that conclusively proves the legal boundary. The questions put to the expert should cover the disputed points, from the coordinate system to natural coastal formation. For the parties to make an effective objection, the report must show which part of the parcel it regards as coast and why.
In administrative disputes at parcel scale, the jurisdiction of the administrative court of the place where the property is located is assessed. The defendant should not be chosen merely as the municipality that forwarded the letter; the administration that issued the act whose annulment is sought must be determined. If a regulatory act is also to be made the subject of the action, jurisdiction and connection are examined separately.
Does a stay of execution give a right to continue construction?
Filing an action does not stop the act by itself. Under Article 27 of the İYUK, clear unlawfulness and the conditions of damage that would be difficult or impossible to compensate if the act were implemented must be explained together. If there is an imminent demolition, eviction or other enforcement, dated documents on it should be submitted.
A stay of execution granted concerning the line does not by itself take the place of a permit. The periods for suing on separate acts such as demolition, cancellation of a permit or occupation compensation (ecrimisil) are also monitored separately. Starting construction without seeing the scope of the court’s decision may lead to new administrative and criminal disputes.
What is the relationship between cancellation of title and a compensation action?
Annulment of the coastal edge line is review of an administrative act. Cancellation of the title record and rectification of the register, on the other hand, may be a different dispute heard in the judicial courts. For losses arising from the keeping of the land register, liability under Article 1007 of the Turkish Civil Code is assessed separately. Loss of use because of an administrative act may also give rise to a full remedy action (tam yargı davası).
It cannot be said that these routes will be used in place of one another or that all of them must be filed together. The reason and time for which the title was cancelled, the act that caused the loss, earlier actions and whether payment was made for the same loss must be determined. Winning one action does not remove the requirements of jurisdiction, time limits and proof of loss in the other.
What does the Constitutional Court’s Fatma Kızıldağ and Others decision show?
In Fatma Kızıldağ and Others, Application No: 2018/32163, 16.03.2022, the Constitutional Court examined the restriction arising because properties with title deeds fell within the coastal edge line. Although the properties appeared registered in the owners’ names, their use had been restricted for a very long time. The dismissal of the compensation actions on the ground that the title had not been cancelled led, in the concrete case, to a violation of the right to property.
The Constitutional Court ordered a retrial; it did not itself decide to determine and pay the value of the property. Nor is the result of the decision that “the coastal edge line has been annulled”. The important point is that a formal title record does not automatically bar the compensation claim of an owner who has in fact suffered a very severe restriction. The reasoning and the distinction as to redress can be seen in paragraphs 26-39 of the decision.
What should be done before buying or filing an action?
Before a promise of sale, a loan or a construction contract is concluded, the approved line and a parcel overlay should be requested. The whole of the file of the act should be examined, rather than the general zoning screen at the municipality. An oral expectation that the line will change does not constitute legal assurance for an investment decision.
In preparing for an action, first a chronology should be drawn up, and then the technical objection and the legal result sought should be separated. Is the aim removal of an erroneous line, stopping a separate demolition, or remedying the loss that has occurred? This question directly affects the competent court and the evidence.
Conclusion
In a coastal dispute, the title record, the coastal status and the right to compensation must be assessed separately. The right starting point is obtaining the approved map sheet, documenting the time limits and preparing an objection based on technical data. The routes of annulment and compensation should be planned together with the property’s actual state of use and the existing judicial process.
Related articles: Property Located in a Protected Site: Construction Restrictions, Objection and the Owner’s Rights; Rejection of a Project by the Conservation Board: Objection, Annulment Action and Reapplication; Objecting to the Registration of a Property as a Cultural Asset: Conservation Decision, Ownership and Annulment Action; Cancellation of Title on the Coast and Compensation
Frequently Asked Questions
Is a title deed that falls within the coastal edge line deleted automatically?
No. An administrative determination and rectification of the land register are not the same act. However, the continuation of the record does not show that there is a right to build freely on property on the coast.
Once the announcement period has passed, can no application be made at all?
The periods for objection in the announcement and for judicial application are examined separately. A definite answer cannot be given without determining the notification, knowledge and earlier acts. A petition made afterwards does not by itself revive a lapsed period for suing.
Does filing an action stop demolition?
Not by itself. The demolition act may also need to be challenged, and a stay of execution requested in the appropriate action.
Can I claim compensation without my title being cancelled?
It may be possible, depending on the severity of the concrete restriction. The Fatma Kızıldağ and Others decision shows this distinction; it does not create an automatic right to a payment for every coastal parcel.
Sources and legal bases
- Constitution of the Republic of Türkiye, Articles 35, 43, 125.
- Coastal Law No. 3621, in particular Articles 4-9.
- 2013 amendment to the Coastal Regulation - official announcement, approval, announcement and objection procedure.
- Administrative Procedure Law No. 2577 (İYUK), current consolidated text, Articles 7, 11, 12, 27, 34.
- AYM, Fatma Kızıldağ and Others, 2018/32163, 16.03.2022, especially §§26-39. It can be searched by application number in the official interface.