Municipal Law and Permits

Determining the municipality’s duties and powers

For the activity, real estate or dispute, Laws No. 5393 and 5216 and the special regulations are reviewed together. The duties of the metropolitan municipality and the district municipality, affiliated administrations, the special provincial administration, the organized industrial zone and the central administration are distinguished. It is not assumed that the unit that accepts the application is the same as the authority competent to decide.

Division of Authority between the Metropolitan and District Municipality

The division in matters such as transportation, first-class non-sanitary establishments (gayrisıhhî müessese), infrastructure, announcements and advertising, main arteries, terminals and fire services is reviewed according to the specific case. The administration that gives an opinion is distinguished from the authority that issues the final license or imposes the sanction.

Review of Municipal Council Decisions

The agenda, the committee, the quorum for meetings and decisions, voting, conflict of interest, the point at which the decision becomes final, and announcement are assessed. The limits of authority for a regulation, tariff, real estate, zoning, company or allocation decision are examined.

Review of Municipal Executive Committee Decisions

The composition of the executive committee, the proposing unit, the factual finding, the article of law, the reasoning, the calculation and the signatures are reviewed. The parts of a decision on a fine, prohibition of operation, tender, real estate or demolition are treated separately, with their own consequences.

Acts of the Mayor, the Mayor’s Office and Directorates

It is examined whether the act was established by the mayor, by an official with delegated authority, or by a directorate that only carried out preparatory work. An implementation letter is distinguished from a new and independent administrative decision.

Legal basis: 1, 2

Municipal Enforcement Inspections and Records

The assignment, the description of the workplace and the activity, the date and time, observations, measurements, photographs, signatures, annotations and attachments are reviewed. A chronology of events is prepared for the later defense and sanction process.

Municipal regulations, general orders and tariffs

The conformity of a local regulation with the law and with higher-level regulations is reviewed, together with the basis of the tariff, the nature of the service, its announcement and equal application. The authority to set charges under Article 97 of Law No. 2464 is not unlimited; the distinction between matters that are the subject of a fee or a contribution share and optional services is observed. It is examined whether a tax or fee is being claimed again under a different name.

Violation of Municipal Orders and Prohibitions

The announcement and scope of orders and prohibitions issued on the basis of law, and the alleged violation, are reviewed. A special sanction provision, the time limit for remedying the violation and the cost of work carried out by the municipality are assessed separately.

Allegations of Public Order Disturbance, Noise, Odor and Nuisance

The source of the complaint, the method of measurement or observation, the competent institution, the working hours and the license conditions are reviewed. Neighbor relations, an environmental sanction, a law enforcement measure and the license act are coordinated.

Legal basis: 1, 5, 6, 9

Preventive review for new investments and businesses

The municipal permits required before a new workplace, additional location, facility, open area, renovation or capacity change are identified. The purpose of use in the lease and investment agreement is compared with the license conditions for the actual activity. A legal review does not replace an architectural or engineering conformity report.

Changes of Activity, Area, Capacity, Title and Address

The effect on the license of a new service, an increase in production, an additional section, an open area, a relocation, or a change of title or operator is reviewed. Whether an update, reclassification or a new license is required is determined before implementation.

Share transfer, business transfer and continuation of the license

Admitting a new shareholder and a change of operator are different transactions. Under the conditions of the Regulation on Workplace Opening and Operating Licenses (the Regulation), the issuance of a license in the name of the new operator in a transfer, relicensing in a relocation, and the appropriate procedure for changes in title and address records are assessed. The transfer conditions of sectoral permits and past violations are addressed separately in the transaction documents.

Letters on deficiencies and supplementary applications

It is reviewed which document or physical condition is requested in a letter on deficiencies, and why. Documents that the administration should obtain from its own records are distinguished from special permits specific to the activity. The reply of completion and the delivery record are prepared; the effect of the correspondence on the time limit for filing an action is assessed separately.

Legal basis: 3, 4

Analysis of the Competent Administration and Workplace Class

On the basis of the actual activity, process, capacity, equipment, storage, ancillary activity and location, the sanitary, non-sanitary or open-to-the-public class is determined. A distinction is made between the metropolitan municipality, the district municipality and the special provincial administration.

Application for a workplace opening and operating license

The application and declaration form is prepared together with representation, address, right of use, occupancy permit information and the conditions of the activity. The receipt showing the date and time of the application and the deficiencies identified is kept. The rule in the Regulation that the licensing periods start once missing documents are completed is taken into account in the timeline of the application.

License applications not concluded within two months

For the Ministry route under Article 45/A of the Regulation, the suitability of the initial application, the completion of deficiencies, the status of the real estate and the two-month period are examined. If the conditions are met, an application to the provincial directorate is prepared. The passing of two months does not automatically give the business a license or a right to start operating; the Ministry reviews the file and takes action.

Sanitary business licenses

The license class is determined on the basis of the actual nature of activities such as retail, office, service and food and beverage. For a sanitary business, licensing on the same day of an application that complies with the Regulation, the initial inspection within one month at the latest, and the one-time 15-day period for remedying identified deficiencies are addressed together. This procedure does not apply in the same way to every type of workplace.

Legal basis: 2, 3, 4, 13

First-Class Non-Sanitary Establishment Licenses

Site selection and the facility establishment permit, the health protection zone, the project, institutional opinions, the trial permit and the opening license are planned. The activity class and the authority of the metropolitan municipality are verified; the technical work is coordinated with the flow of administrative decisions.

Second- and Third-Class Non-Sanitary Establishment Licenses

The class of production, manufacturing, storage, maintenance and similar activities in the Regulation’s list is reviewed together with their actual capacity. Distance, technical suitability, and links to the environment, fire services, occupational safety and zoning are assessed.

Evaluating sectoral permits together with the license

Food, health, environment, tourism, energy, tobacco, alcohol, private education and security permits are reviewed together with the municipal license. It is checked that each document relates to the correct operator, address, activity and capacity. In particular, the special application rules for environmental permit and suspension of activity procedures are assessed separately.

Legal basis: 2, 4

Licenses for Public Leisure and Entertainment Venues

For accommodation, entertainment and leisure venues, the law enforcement opinion, distance, operator conditions, security and special activity provisions are reviewed. The responsible manager, working hours, live music and alcohol-related permits are assessed separately.

Accommodation and tourism activities

Different business models such as hotels, guesthouses, apart-hotels and tourism-purpose rentals are assessed separately. The relationship between a tourism certificate or rental permit and the municipality’s business license is determined by the special legislation governing the activity. The nature of the real estate, the independent unit, the management plan and the actual use are reviewed. Detailed matters are carried out together with Tourism Law work.

Alcohol-Serving Zone, Alcoholic Beverages and Working Hours

The link between the decision on an alcohol-serving zone, the distance, the form of sale or service, the documents of the relevant institution and the municipal license is reviewed. The basis of the time restriction, its announcement and its equal application are assessed.

Condominium Ownership, Occupancy Permit, Fire Services and Accessibility

The nature of the title deed, the management plan, the required board decision, occupancy permit information, fire safety and accessibility conditions are addressed according to the activity. The same list of documents is not used for every workplace.

Legal basis: 3, 4

Finding of an Unlicensed Workplace and Closure

Whether the workplace is actually operating, the scope of the license, the competent administration, the record, the closing authority and the method of enforcement are reviewed. The effect of another institution’s document on the requirement for a municipal license is determined on the basis of the special provision.

Sealing, prohibition of operation and closure

The sealed section, the enforcement record, the basis and duration of the decision and the conditions for resuming activity are reviewed together. Where necessary, an administrative application, an annulment action and a request for a stay of execution are prepared. The technical work on remedying the non-compliance and the application to lift the seal are followed together with the schedule of the proceedings.

Allegation of breaking a seal and criminal liability

Article 203 of the Turkish Penal Code regulates removing a seal placed by the competent authority or acting contrary to the purpose for which it was placed. Filing an action does not by itself give authority to remove the seal or to resume activity. The administrative file and, where necessary, criminal investigation and defense are handled within their separate scopes.

Legal basis: 4, 5, 7, 12

Initial inspection and later inspections

The initial inspection after the license is issued is distinguished from later routine inspections or those prompted by a complaint. The date of the inspection, the violation found, the special provision to be applied and the possibility of remedying it are reviewed. A license becoming final does not provide unlimited protection against violations of later legislation.

Suspension, revocation and withdrawal of a license

The initial application, the declaration, the conditions under which the license was granted and violations that emerged later are reviewed. The authority of the body that took the decision, delegation of authority where necessary, the procedure for remedying deficiencies, the reasoning and proportionality are assessed. If the license revocation and a closure based on it are separate acts, the subject matter of the action and the requests are determined for each.

Legal basis: 4, 7

Applying against municipal administrative fines

On the basis of Laws No. 1608, 5326 and 3194 and the relevant special regulation, the act, the responsible person, the decision-making authority, repetition, increase, calculation and notification are reviewed. The competent judicial route is not determined solely by the fact that the fine was imposed by the municipality. The payment period, the discount, the judicial application and the collection procedures are assessed separately; amounts are calculated according to the date of the transaction.

Construction stop record, demolition and zoning fine

The description of the structure and the violation, measurements, service of the construction stop record, the possibility of bringing the structure into compliance, the executive committee decision and the demolition cost are reviewed. The demolition process under Article 32 and the fine under Article 42 of Law No. 3194 are assessed separately. Matters of plans, parcellation and construction permits are handled together with Zoning and Planning Law work.

Legal basis: 5, 6, 7, 8

Temporary, Mobile, Open-Area and Event Activities

The requirement for a license, permit, allocation and occupation charge is investigated for itinerant sales, mobile services, fairs, festivals, stands and seasonal businesses. The duties of the site owner, the organizer, the operator and the subcontractor are determined.

Announcement, Advertising, Signage and Promotion Practices

The permit, tax, charge, urban aesthetics and safety conditions for signs, facades, totems, digital screens and outdoor advertising are reviewed. In removal, fines or assessments, the dimensions, location, tariff and authority are assessed.

Occupation Charges, Sidewalk, Terrace and Open-Area Use

The permit, allocation and occupation charge regime for the use of public space with tables and chairs, products, awnings, stands or equipment is reviewed. Area measurement, the charge, the duration, eviction and removal procedures are examined.

Marketplace, Peddling and Municipal Enforcement Practices

Market allocation, selling place, transfer, cancellation, peddling, labeling and weighing procedures are reviewed. On the basis of roll-call, warning and sanction records, the administrative decision is distinguished from the on-site enforcement.

Transportation, Transportation Coordination Center (UKOME), Taxi, Shuttle and Route Permits

The authority of the metropolitan municipality and UKOME over commercial plates, allocation, operating licenses, shuttle services, public transportation, stops and routes is reviewed. Provisions on duration, transfer, vehicle changes, tariffs and sanctions are identified.

Legal basis: 1, 2, 6, 9

Municipal Taxes, Fees, Charges and Tariffs

Financial burdens connected with announcements and advertising, entertainment, occupation and licenses are reviewed as of the date of the transaction. The legal nature, the competent body, the tariff year, the consideration for the service and duplicate assessment are assessed.

Payment order, attachment and municipal receivables

Assessment, notice, payment order and attachment are different procedures. The 15-day period against a payment order under Article 58 of Law No. 6183 is checked together with the service record. Allegations that the debt does not exist, has been partly paid or is barred by the statute of limitations, and the competent court, are reviewed according to the nature of the receivable. A payment order is not a document that restarts all past time limits for objection.

Legal basis: 7, 9, 10

Sale, Leasing and Allocation of Municipal Real Estate

The authority of the council and the executive committee, the tender under Law No. 2886, value determination, the specification, the contract, delivery and conditions of use are reviewed. Expiry, extension, transfer and sub-use are not based on automatic assumptions.

Municipal real estate tenders

In sale, leasing and limited real right transactions under State Tender Law No. 2886, the announcement, qualification, security, bid, tender decision, approval and contract stages are reviewed. The judicial route may differ for disputes arising from the tender procedure and from the contract formed afterwards. Purchases of goods or services and construction works are assessed together with the scope of Public Procurement Law.

Compensation for unjust occupation, unauthorized occupation and eviction

The nature of the municipal real estate, the period of use, the user, value determination, the notice of compensation for unjust occupation and the basis for eviction are reviewed. Law No. 5393 provides that Article 75 of Law No. 2886 also applies to municipal real estate. Paying compensation for unjust occupation does not by itself create a lease or a right of use; disputes arising from the contract and from the administrative act are distinguished.

Annulment, full remedy and implementation of decisions

The final and executory act, the right to apply, the competent court, the defendant administration and the time limit are determined. A request for annulment and compensation of the damage depend on different conditions; in a full remedy request, the distinction between an act and an action and the required prior application are reviewed. The implementation of the court decision, the lifting of the seal and, if any, the stage of legal remedies are followed within the scope of the engagement undertaken.

Legal basis: 1, 7, 11