What is the parking fee, and how does it differ from a daily parking charge?
The subject of this article is the fee collected in connection with construction under the Zoning Law No. 3194 (İmar Kanunu) and the Parking Regulation (Otopark Yönetmeliği). The hourly fee charged for parking a vehicle on the street, a traffic fine, an occupation fee or the charge of a private car park operator are different legal relationships. The mere word “parking” on the municipality’s collection document is not enough to determine the correct route for litigation.
The basic approach in the Regulation is that a building’s parking requirement is met within the building or the parcel. Where this is not possible, shared car parks and other permitted solutions are considered; allocation of a space in a regional car park against payment of a fee depends on the relevant conditions. Paying a fee is not a free choice to build no parking in every project. Technical impossibility or the other statutory conditions must be shown in the administrative file.
Which legislation applies must be determined first
The dates of the permit application, the first permit, any amendment and collection matter. The transitional provisions of the Regulation may make it possible to apply the earlier rules to some buildings with older permits or whose process had reached a certain stage. For this reason, the lawfulness of a payment made years ago cannot be decided by looking only at the text in force today.
Likewise, it cannot be said that a refund decision issued under an older municipal regulation invalidates every present-day assessment. Municipal implementing rules and council decisions must be read together with the higher-ranking legislation. An old tariff published online should not be assumed to be current; a certified copy of the decision in force on the date of the act and information about its entry into force should be requested.
How is the parking fee calculated?
First the required and the provided number of parking spaces are determined
The use type of the building (residential, commercial, hotel or other), the relevant floor area and the minimum quantities in the annex to the Regulation are examined. In a mixed-use building, the requirement of the different parts may be assessed separately. Where the calculation yields a fraction, the higher whole number is taken and any quantities set by local authority are taken into account. Parking spaces that are actually and legally usable in the project must be set apart from the total requirement.
The presence of a car symbol in a drawing does not by itself create a valid parking space. The maneuvering area, entrance, ramp, dimensions and right of use matter. Conversely, disregarding approved and compliant spaces can also increase the fee unnecessarily. In an objection, the focus should be not only on the total figure but also on the number of missing spaces being charged.
Components of the unit fee
The standard unit fee formula in Article 12 of the Regulation is (A + B) × 20 × Y. A stands for the land share, B for the building share and Y for the zone coefficient set by the competent council. The coefficient of twenty relates to the unit area for a passenger car, including the maneuvering area; for mechanical and elevator car parks, the approved project dimension may also be taken into account. The number of vehicles to be charged is also decisive in the total assessment.
For the land share, the immovable and valuation data used should be requested; for the building share, the relevant unit cost for the permit year; for the zone coefficient, the council decision. Applying different coefficients to different zones in the same municipality is not unlawful in itself; it is reviewed for authority, basis, classification and equality. The municipality’s tariff must be consistent with the calculation method in the Regulation.
For example, solely to illustrate the method, assume that after all coefficients are applied the fee for one vehicle is TRY 100,000. If four of a requirement of ten vehicles are validly provided in the project, the number to be charged is six; the example total is TRY 600,000. These figures are not an actual tariff or a 2026 unit cost. The example shows how an error in the number of missing vehicles affects the total amount.
Exemption, reduction and special application must be distinguished
Being a small parcel, an older building or an immovable within an urban transformation (kentsel dönüşüm) area does not in itself mean exemption from the entire fee. Reducing the requirement, providing it elsewhere or deferring payment are separate legal consequences. The article relied on for the claimed advantage and the fulfillment of its conditions must be shown. Automatically carrying a tax or permit-fee exemption over to the parking fee is not correct.
The special regime for rebuilding risky buildings
The amendment of December 27, 2025 raised to 500 m² the parcel threshold in Article 10 of the Regulation for the rebuilding of certain risky buildings. This does not mean that every parcel under 500 m² is exempt from the fee. Conditions such as a risky-building determination, demolition, a new building and the inapplicability of the parking solutions specified in the article are required together.
This special regime provides for an initial payment of 25 percent, a temporary parking solution, and collection of the remaining 75 percent within thirty days after the regional car park is provided. There are also special conditions regarding the title deed declaration and the occupancy permit (yapı kullanma izni). The general collection schedule or the old Istanbul decision should not be used as the basis before determining whether the specific building falls within this exception.
The general payment schedule and the municipality’s obligation
Under the general regime in Article 12 of the Regulation, 25 percent of the fee is collected in cash at the time of the permit. The remainder is collected in six equal installments within a maximum of thirty-six months, to be completed before the occupancy permit, with annual revaluation applied to the remaining installments. This general regime must not be confused with the special risky-building application in Article 10.
For parcels from which a fee is collected, there is also an obligation to complete the regional car park within five years at the latest from the permit date. Failure to fulfill this obligation may be the subject of an application and judicial review. However, it cannot be said that every delay gives rise to an unconditional and automatic refund of the whole payment. The legal basis of the claim, the applicable period and the actual availability of use must be examined.
In which cases can a refund be requested?
Duplicate payment, an incorrect number of vehicles, an erroneous zone coefficient, an incorrect year’s unit cost or failure to take into account a special provision that should have been applied may support a refund claim. Where the building permit is cancelled, Article 12 of the Regulation has an express provision on refunding the fee collected on the basis of the amount calculated for that year. This does not mean that a full refund is automatically made upon any project change.
Where parking is later built on the parcel, the number of independent units decreases or a revised project is submitted, the legal status of the earlier assessment and the transitional provisions are examined. In the refund calculation, the principal paid, any request for adjustment and interest should be shown separately. The type and starting date of interest are determined according to the file; it is not assumed that commercial advance-rate interest applies to every parking fee.
How are the objection and the litigation route built?
The assessment act, calculation schedule, local tariff, permit file and payment receipts should be obtained. In the objection, the erroneous calculation item is shown clearly, and correction of the act and, if applicable, refund of the overpayment with interest are requested. Depending on its date and nature, this application is assessed under İYUK Article 11 or Article 12, which governs damage arising from acts. Not every new application concerning an old collection revives a lapsed litigation period.
For the assessment and refund of this fee under zoning legislation, annulment and full remedy actions before the administrative court come into question. Unless there is a special provision, the general period is sixty days; with a proper İYUK 11 application, the remaining period is calculated after the thirty-day non-response period. If the document is in reality another tax, duty or private-law charge, the consequence on jurisdiction may change. Also, if a payment order has been served under Law No. 6183, the special litigation period must be tracked separately.
Filing an action does not automatically stop collection or any acts in the permit process. A request for a stay of execution must be reasoned by manifest unlawfulness and damage that would be difficult to remedy. If the refusal to grant the permit constitutes a separate act, its legal effect and litigation period are also assessed separately.
A real decision: why the 2024 decision is not the current general rule
The decision of the 6th Chamber of the Council of State (Danıştay 6. Daire) dated April 25, 2024, E.2021/7219, K.2024/2465 concerns payments made in 2008 for buildings in Bağcılar. The Istanbul Parking Regulation in force at that date was applied to the dispute. The Chamber reversed the dismissal of the action as regards the 75 percent portion collected without the parking requirement having been met and stated that TRY 31,500 must be paid with statutory interest.
This is a decision of reversal; the result of the subsequent proceedings is not presented here as final. The basic lesson to draw from the decision is that the collection condition and the applicable legislation are determined by the date of the act. That the decision was issued in 2024 does not mean that the 2008 regime applies to all current files. The current general installment regime and the special risky-building regime are explained separately above.
Conclusion
In a parking fee dispute, a correct review addresses in order the applicable period, the actual parking shortfall, the components of the unit fee and the collection conditions. Exemption must be distinguished from payment facilities, and old case law must not be confused with current regulation. The success of a refund claim depends not only on how high the payment was but on a concrete legal error and an application made in time.
Frequently Asked Questions
If there is parking on my own parcel, will a fee still be demanded?
Capacity provided in compliance with the rules must be taken into account. If the entire requirement is not met, a fee may arise for the remaining part, subject to its conditions.
Are all parcels under 500 m² exempt from the fee?
No. The special provision on rebuilding risky buildings is a payment and temporary-parking scheme under certain conditions; it is not a general exemption.
If the municipality does not build the car park, can I get all the money back?
There is no automatic result. The administration’s obligation, the applicable legislation, the time elapsed and the legal basis of the claim are examined together.
Does paying in order to obtain a permit end my right to sue?
Payment alone is not in every case a waiver. However, it does not restart time limits; the dates of notification of the act, payment and application must be tracked separately.
Sources
1. Zoning Law No. 3194 (3194 sayılı İmar Kanunu), Arts. 37, 44 and Administrative Procedure Law No. 2577 (2577 sayılı İYUK).