That a property lies in a reserve building area does not prevent the owner from having the lawfulness of the decision reviewed in the administrative courts. However, the action should not be based solely on the objection that “my building is sound.” The authority for the decision that designates the area, its boundaries, its supporting documents and its connection with the purpose of Law No. 6306 must be examined. For administrative acts taken under this Law, the special time limit for bringing an action is 30 days from notification. The reserve area decision, the zoning plan, evacuation and the transfer of ownership should be followed separately from one another.
What does a reserve building area mean?
A reserve building area under Article 2 of Law No. 6306 means an area designated for use in applications within the scope of this Law. It may be designated by the Ministry at the request of TOKİ or the administration, or ex officio. Under Article 4 of the current Implementing Regulation, the file reaches the Ministry on the proposal of the Urban Transformation Presidency (Kentsel Dönüşüm Başkanlığı). A municipality’s project announcement or a promotional map prepared by a contractor does not by itself replace this administrative decision.
Are a reserve area, a risk area and a risky building the same thing?
No. A risky building determination concerns the technical condition of a particular building; a risk area decision concerns the statutory conditions for a wider area. A reserve building area, by contrast, is the status of an area that will be used in a transformation project. Each involves a different authority, different documents and a different chain of acts. The objection route specific to a risky building determination cannot automatically be applied to a reserve area decision.
In 2023, the phrase “as a new settlement area” was removed from the definition. Therefore, the idea that a reserve area can consist only of vacant, not yet settled land does not reflect the current regulation. On the other hand, the amendment does not mean that the administration may take its decision without reasons. The designation act is still reviewed in terms of the statutory purpose, the public interest and proportionality.
Does a reserve area decision change the title deed by itself?
Determining the status of an area does not by itself result in all title deeds passing to the administration or all buildings being demolished immediately. In later stages of implementation, different acts such as planning, entitlement, agreement, evacuation, sale or expropriation may come onto the agenda. The legal basis of each stage and the subject of any objection are assessed separately.
For the owner, the first task is to match the project information he or she has heard with the official act. The title deed information, the coordinated boundary map and the annex to the decision should be compared. Being in the same neighborhood does not show that the parcel necessarily lies within the boundary of the reserve area. Especially for parcels that are only partly covered, an expert should overlay the map with the title deed record.
What is the 30 percent transfer or payment condition in a private application?
Article 3/7 of Law No. 6306 provides a special condition where natural persons or private-law legal entities request that a reserve building area be designated for their own property. The transfer of ownership of 30 percent of the land area on which construction is based must be consented to, or the value of the same amount must be given to the Presidency. The Regulation also contains an exception for the relevant public-affiliated bodies.
This condition cannot be interpreted as meaning that an automatic 30 percent deduction will be made from every owner remaining in the reserve area. An application by a private owner and an ex officio designation of the area must be distinguished. Moreover, this provision is not the same act as the co-ownership share arrangement in Article 18 of the Zoning Law (İmar Kanunu). The legal nature of a deduction cannot be determined without examining which provision the administration’s letter relied on, who made the application and the scope of the transfer undertaking.
What unlawfulness can be alleged?
Authority, boundary and file documents
It is checked which authority made the decision, whether there was a delegation of authority and whether the annexes to the decision are complete. The Regulation provides for documents such as a coordinated current map, a satellite image or orthophoto, and a list of public properties. For designation as a new settlement area, a reasoned report based on observational data is also provided for. In every file, the article in force on the date of the act should be used as the basis.
Statutory purpose and proportionality
It is not sufficient for the petition merely to state that the project will create economic value. It should be shown why a particular parcel was included, how the application relates to the need for transformation and whether the owner’s concrete objections were assessed. Because revenue-generating applications are provided for in the legislation, the claim that “the project generates revenue” cannot by itself be a ground for annulment. The real question is whether the revenue conceals an intervention detached from the statutory purpose.
Separate review of planning decisions
Even if the designation of the reserve area is lawful, a later plan amendment may be unlawful for separate reasons. Increased density, traffic load, the balance of social facilities and consistency with the higher-scale plan are the subject of a plan action. Challenging the area decision does not automatically protect the time limit for the later plan. A separate timetable should be prepared for planning and implementation acts.
How are the objection and the time limit for the action followed?
The special 30-day period in Article 6/9 of Law No. 6306 is the basis. The procedure to which the specific act is subject, whether notification, public announcement, electronic notice or learning of the act, is investigated separately. In assessing the time limit for the action, not only the date on which the letter was issued matters but also the date on which, and the method by which, it was notified to the person.
| Document or act | Point to be checked |
|---|---|
| Reserve building area decision | Date, number, authority and boundary annex of the decision |
| Notification or announcement record | Start date and validity of the procedure |
| Administrative objection | Whether it was made within the time limit and the content of the request |
| Later plan or evacuation act | Independent subject of action and its own time limit |
Under Article 11 of the Administrative Procedure Law (İYUK), the effect on the time limit of an application that is made within the time limit and requests the withdrawal, reversal or amendment of the act may be considered. The same effect should not be assumed for a mere request for information. Allowing the special time limit for the action to pass while waiting for an answer to the application is a significant risk. Repeating the same request also does not restart a period that has already run.
Who can bring an action, and which court should be applied to?
A parcel owner may bring an annulment action when he or she has a personal, current and legitimate interest connection with the act concerning his or her property. For tenants, holders of limited real rights or other interested persons, the interest relationship must be shown separately. Living in a neighborhood or being generally opposed to the project is not accepted as sufficient in every case.
Cancellation of a reserve area decision concerning specific properties is, as a rule, sought before the administrative court of the place where the property is located. The rules of jurisdiction for a risk area decision should not be carried over unchanged to a reserve area act. The defendant administration is also determined not by the body that merely gives an opinion or promotes the project, but by the authority that establishes the final and enforceable act.
How is a stay of execution reasoned?
Bringing an action does not stop the act automatically. Under Article 27 of the İYUK, clear unlawfulness and damage that is difficult or impossible to remedy must be explained together. Besides the statement that “my right to property is being violated,” an imminent evacuation date, implementation tender, transfer act or danger of actual interference must be documented.
The interim protection granted by the court relates to the scope of the act requested and reviewed. An additional legal step may be necessary for a different implementation that arises later. For this reason, after the action is brought, monitoring of e-Devlet, notifications, and announcements by the municipality and the relevant administration should continue.
The Council of State decision: a revenue-generating application is not by itself a ground for annulment
In the decision of the Joint Panel of the Sixth and Fourth Chambers of the Council of State (Danıştay) dated February 15, 2024, E.2023/1709, K.2024/985, the reserve area and the plan amendments based on it were examined together. The regional court of appeal (istinaf) judgment that found the first-instance court’s annulment approach appropriate was quashed. The panel assessed the legislative possibility of a revenue- and receipts-generating application on the specific parcel and its connection with the aim of creating a healthy living environment in the area.
The decision does not support the absolute claim that “every parcel must contain a risky building for a reserve area.” At the same time, it is not a general permission treating all reserve decisions as lawful. It was stated that the substance of the plans must be examined separately. The explanations of former legislation and the opinion of the judge rapporteur (tetkik hâkimi) in the decision should not be presented as the current provision or the panel’s final result. The accessible text of the decision is given in the references.
Which documents should be in the case file?
The title deed record, owner and share information, the official decision and its annexes, the coordinated map, notification documents, the receipt of the application and the administration’s reply are the basic documents. Later plan maps, project reports and evacuation letters also reveal the chain of acts. If there is a technical objection, the location of the parcel and the effect of the implementation should be explained through the review of a city planner, a surveying engineer or another relevant expert.
Requests for an on-site inspection and an expert opinion should not be left general. Questions such as the technical reasoning in determining the boundary, the reason for different treatment from neighboring parcels and the relationship between the project and the existing use can be made specific. An expert does not determine the legal outcome; the expert explains the technical data for the court to assess.
Conclusion
Effective legal protection in a reserve building area dispute begins with challenging the right act within the time limit. The area status, planning and ownership implementation should be followed separately; the allegations should be supported by the actual condition of the parcel and the act file. The soundness of the building or the presence of revenue in the project does not alone determine the result. Authority, reasons, statutory purpose and proportionality are assessed together.
Related articles: Sale of land shares in urban transformation; Rent assistance in urban transformation; Value increase share in zoning plans
Frequently Asked Questions
If my house is sound, will the reserve area decision be annulled?
Soundness alone is not sufficient. The legal conditions for a reserve area and for a risky building determination are different; all the grounds of the decision are examined.
Does my title deed pass to the state upon the announcement of a reserve area?
Designating the area is not by itself an automatic transfer of ownership. Later transfer, sale or expropriation acts are subject to their own legal conditions.
Does submitting a petition to the municipality stop the action and the implementation?
Depending on the content and timing of the application, it may affect the time limit for the action; it does not stop the implementation by itself. A court decision is required for a stay of execution.
Does the 30 percent condition apply to all owners in a reserve area?
No. The condition relating to a reserve area application made by private persons for their own property must be distinguished from ex officio designation.