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“Zoning Reconciliation” in Local Governments “İmar Barışı” Düzenlemesinin Yerel Yönetimler Düzeyinde Etkilerinin Analizi

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“Zoning Reconciliation” in Local Governments “İmar Barışı” Düzenlemesinin Yerel Yönetimler Düzeyinde Etkilerinin Analizi 202 Planlama 2019;29(3):202–209 | doi: 10.14744/planlama.2019.04796 ARTICLE / ARAŞTIRMA Analysis of the Regulation of “Zoning Reconciliation” in Local Governments “İmar Barışı” Düzenlemesinin Yerel Yönetimler Düzeyinde Etkilerinin Analizi Zeynel Abidin Polat Department of Geomatics Engineering, İzmir Katip Çelebi University Faculty of Engineering and Architecture, İzmir, Turkey ABSTRACT ÖZ Urbanisation has emerged with the increase of migration from Kırsal alandan kentsel alanlara göçlerin artmasıyla birlikte kent- rural areas to cities. As a result of increasing urbanisation, the leşme olgusu ortaya çıkmıştır. Artan kentleşmenin neticesinde demand for housing has grown, and consequently, housing pro- konut ihtiyacı da artmış ve sonuçta konut üretimi de hızlan- duction has accelerated. In beginning of 2000s rapid population mıştır. 2000’li yılların başına kadar hızlı nüfus artışına rağmen growth and the lack of housing inventory have forced those aynı oranda artmayan konut stoku, kırdan kente göçen nüfusun migrating from the city to meet their own needs for housing kendi barınma ihtiyacını büyük ölçüde kent çeperinde hazine to a large extent by constructing illegal houses on Treasury veya özel araziler üzerine yasadışı konutlar inşa ederek karşı- or private land within the city limits. However, there are also lamaya itmiştir. Bununla birlikte yasal olarak yapılmasına engel housing projects that cannot be completed or inspected due bulunmayan fakat çeşitli sebeplerden dolayı tamamlanamayan to various reasons. Despite some precautionary measures, the veya kontrolden geçemeyen konut projeleri de bulunmakta- number of illegal settlements and slums in our city grew rap- dır. Alınan tedbirlere rağmen kentlerimizdeki kaçak yapılaşma idly. Local government responsibility for the management of ve gecekondu üretimi olanca hızıyla devam etmiştir. Kentsel urban areas has not been able to prevent illegal settlements for alanların yönetiminden sorumlu olan yerel yönetimler çeşitli various reasons. Nowadays, as a result of the measures taken, sebeplerle kaçak yapılaşmayı engelleyememiştir. Günümüzde the rate of squattering has gradually decreased. There are seri- ise alınan tedbirler neticesinde gecekondulaşma oranı gittikçe ous problems in meeting the urban infrastructure needs such azalmıştır. Hukuki olarak kaçak sayılan bu yapılarda oturanların as electricity, natural gas, water, sewage, transportation, and imar, elektrik doğalgaz, su ve kanalizasyon, ulaşım gibi kentsel collecting taxes in these structures, which are considered il- alt yapı ihtiyaçlarının giderilmesinde ve vergilerin toplanmasın- legal. Illegal construction and slum production (historical and da ciddi sorunlar yaşanmaktadır. Kaçak yapılaşma ve gecekondu territorial limitations), or measures (eg demolition decisions) üretimine yönelik tedbirlerin (Tarihsel ve alansal sınırlamalar) not implemented sufficiently accelerated the illegal construc- alınmaması ya da tedbirlerin (Ör. Yıkım kararları) yeterince uy- tion and squatters. The main reason for this situation is that gulanmaması kaçak yapılaşma ve gecekondulaşmayı hızlandır- local governments ignore some illegal structures in order to mıştır. Bu durumun oluşmasının temel sebebi yerel yönetimlerin maintain their political future. From the past to the present, to siyasi geleceklerini devam ettirebilmek için bazı kaçak yapıları solve these problems, various zoning amnesty laws have been görmezden gelmesidir. Bu sorunları çözebilmek için geçmişten issued. The most recent of these reconstruction forgiveness günümüze kadar çeşitli imar afları çıkartılmıştır. Bu aflardan en laws, also known as the “Reconstruction Peace,” is Law Num- yenisi olan ve kamuoyunda ‘İmar Barışı’ olarak da bilenen dü- ber 7143 on the Restructuring of Certain Taxes and Other zenleme “7143 sayılı Vergi ve Diğer Bazı Alacakların Yeniden Receivables and Amendments to Certain Laws. According to Yapılanması ile Bazı Kanunlarda Değişiklik Yapılmasına İlişkin Received: 18.12.2018 Accepted: 20.07.2019 Available Online Date: 16.09.2019 Correspondence: Zeynel Abidin Polat. e-mail: [email protected] OPEN ACCESS This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Zeynel Abidin Polat 203 Article 16 of this law, it aims to record unlicensed buildings Kanun” dur. Bu kanunun 16. Maddesi gereğince 31/12/2017 constructed before December 31, 2017. The purpose of this öncesinde yapılan ruhsatsız veya ruhsat ve eklerine aykırı ya- study is to analyse the legal, social, and economic effects of pıların kayıt altına alınması amaçlanmıştır. Bu çalışmanın amacı; the “Reconstruction Peace” regulation at the local government Türkiye’de imar affı sürecini ve eylemlerini yönlendiren yasal ve level, in consideration of the legal and administrative zoning yönetimsel faaliyetleri ele alarak “İmar Barışı” düzenlemesinin amnesty process and related activities in Turkey. This study yerel yönetimler düzeyinde hukuki, sosyal, ekonomik etkilerini used a comparative analysis of the historical process of legis- analiz etmektir. Çalışmada, Türkiye’de imar affı konusuna ilişkin lative and administrative structure of zoning amnesty laws in yasal ve yönetimsel yapının tarihsel süreç içerisinde karşılaştır- Turkey. In this context, the study aims to contribute to the malı analizini içeren bir yöntem izlenmiştir. Bu bağlamada çalış- search for alternative models of development to solve recon- manın Türkiye’de imar sorunlarının çözümüne yönelik alternatif struction problems in Turkey. model arayışlarına katkıda bulunacağı düşünülmektedir. Keywords: Illegal structures; local governments; zoning amnesty; slum; Anahtar sözcükler: Kaçak yapılar; yerel yönetimler; imar affı; gecekondu; urbanisation. kentleşme. 1. Introduction When viewed as a whole, the laws of the 1940s and ’50s inter- preted the slums problem in the context of the housing prob- In Turkey, in the period after 1980, concessions were made lem; in almost every new law, they refer the potential of rel- in urban physical spaces despite restrictions in the economic evant institutions to produce plots. The laws and discussions and political sphere (Yılmaz, 2002; Tercan, 2018). In addi- on them are far from an exclusive focus on slums. However, it tion to such concessions, settlements against zoning gained is remarkable that despite the provisions in this matter, daily momentum with the impact of economic and social con- life did not find an objective reciprocity (Aslan, 2008). The ditions at the time. Thereafter, zoning amnesty laws were 1960s brought a number of positive innovations and improve- enacted from time to time with respect to control and regu- ments to the slums, such as cheaper housing, rental proper- lation of settlements against zoning (Kasab, 2001; Köktürk, ties and land, technical and in-kind help for those who wanted 2003; MUSIAD, 2010; Çakır, 2011). Any and all regulations to improve their slums, and increased public service by mu- thereof proved to be encouraging rather than preventive. nicipalities. The 1970s were years when squatting was not a In the course of time, the scope of the amnesties enjoyed serious problem. In this period, exculpating of the slums was by illegal settlements and shanty houses, built for different continued by the state (Baysal, 2010). The 1980s were a pe- reasons, was further extended (Keleş, 2000; Usta, 2006). riod when additional capital and systemic efforts intervened Improper settlements, which took their present shape in more in the urban space (Aslan, 2008). Legal regulations en- accordance with the interests of different circles (Yıldırım, acted during this period caused some slum areas to be per- 2006), resulted in unhealthy, insecure and unbalanced sights ceived as investment areas that would provide rental income. across many urban spaces. Furthermore, several problems By the 1990s and especially after the year 2000, authorities were faced in trying to collect taxes from these illegal build- produced new policies towards the slums. For example, legal ings, thus it remained difficult to satisfy essential needs such arrangements aiming to produce large-scale transformation as city planning, electricity, natural gas, water, sewage, and projects including slum areas on all public land and old city transportation requirements. The most recent such zoning centres, except military areas, were enacted. The history of amnesty, granted for the settlement of these problems and zoning amnesty, which can be traced to the 1940s, shows that also known as “Zoning Reconciliation,’’ is Law Number 7143 every law that was announced as the final amnesty unfortu- on Restructuring Tax and Some Other Assets and Modifica- nately legitimized these illegal structures. tion on Several Legislation. As part of this study, the legal, social, and economic impacts of “Zoning Reconciliation’’ Housing is not used only as shelter in Turkey. It is also an were analysed in consideration of legal and administrative investment tool with high return on investment (Öztürk and activities that shape reconstruction processes and practices Doğan, 2010). As such, the housing sector has an impor- in Turkey. Following the analysis, several recommendations tant place in the national economy. Housing was one of the were made. sectors most affected by the global crisis and the economic downturn (INTES, 2018). In Turkey, housing demand experi- 2. Analysis of Zoning Amnesties Issued Since 1948 enced a serious decline after the major earthquake disaster in 1999, followed by
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