Amendments to the Planned Areas Zoning Regulation

The Regulation Amending the Planned Areas Zoning Regulation (“Amendment Regulation”), which introduces several changes to the Planned Areas Zoning Regulation (“Regulation”), has been published in the Official Gazette dated 13 August 2025 and numbered 32985, and entered into force on the same date. The Amendment Regulation introduces provisions regarding day-care centers and family health centers, regulations concerning facilities that may be built in park areas, amendments to construction standards, and stipulates exceptions to the requirement for the zoning plan to be in effect for certain modification works.

Allocation of Day-Care Center and Family Health Center Areas in Residential Parcels

For residential parcels, it is now mandatory to allocate areas for day-care centers in projects where the building construction area exceeds 15,000 m² and the number of independent units exceeds 150; for parcels where commercial activities are allowed alongside residential use, it is mandatory to allocate areas for family health centers in projects where the building construction area exceeds 25,000 m² and the number of independent units exceeds 250, with 120 m² allocated for the first 250 residences and an additional 50 m² for every subsequent 500 residences. Provisions have been enacted to exempt public mass housing projects from this requirement.

75 m² of day-care centers classified as common areas and half of the area allocated for family health centers shall not be included in the calculation of the building coverage ratio. This provides flexibility regarding building coverage ratio in residential or mixed-use projects, facilitating the inclusion of such social facilities in the projects.

In residential parcels, 150 m² of day-care centers and in parcels allowing commercial activities, the entire area allocated for family health centers under the Amendment Regulation are to be considered exempt from the floor area ratio (“FAR”). This exception concerning FAR aims to enable the construction of a greater effective area while minimally affecting the total building area.

Prior to the entry into force of the Amendment Regulation, buildings for which a building permit application has been submitted, structures for which a notarized construction contract has been executed under Law No. 6306 on the Transformation of Areas Under Disaster Risk and buildings for which a public institution or organization has obtained a tender decision or tender date for construction works, are exempt from the requirement to allocate areas for day-care centers and family health centers.

Accessibility and Safety for the Elderly

Under the Amendment Regulation, authorities authorized to issue building permits are now empowered, taking into account local conditions, to implement measures not only for persons with disabilities but also for the elderly. Furthermore, during the construction, use, maintenance, and repair of bicycle paths, parking areas, advertising boards, benches, facilities for specific needs, temporary fairgrounds, tents, stage areas, and all types of infrastructure, it is mandatory for the authorities to ensure that pedestrian circulation is not obstructed and that both persons with disabilities and the elderly have access, as well as protection of life and property.

Finally, the Amendment Regulation introduces a requirement for the installation of handrails at a height of 80 cm in halls and corridors of elderly care facilities; additionally, building entrance doors must be made distinguishable for the elderly through the use of different materials, colors, or patterns.

Obligation to Include a Bedroom in Detached Houses

Under the Regulation, it was mandatory for each detached house to include at least one bedroom. With the Amendment Regulation, this obligation has been removed for independent units created on a parcel, provided that they do not exceed 20% of the total number of independent units on the parcel, and that a sleeping niche is established within the living room with a minimum width of 2.50 meters and an area of at least 9 m².

Facilities That May Be Constructed in Park Areas and the Obligation to Obtain Opinions

Under the Amendment Regulation, the dimensions of health facilities and other structures that may be constructed in park areas exceeding 5,000 m² have been clarified. Instead of a 5% ratio limit, limits on the building coverage ratio, construction area, and floor height have been introduced. Facilities that may be constructed to meet needs arising in cases of disaster and emergency situations have been specified. It is now mandatory to obtain opinions from the Provincial Directorate of Disaster and Emergency, the Provincial Health Directorate, and the Directorate General of Civil Aviation prior to the design of these facilities.

Building Modifications and Zoning Plans to Be Taken as Basis

Prior to the Amendment Regulation, even modifications to buildings holding an occupancy permit were evaluated in accordance with the zoning plan and applicable legal provisions in force at the date of the modification request. Within this scope, regardless of the plan and regulatory conditions on which the original building permit was based, construction conditions such as FAR, construction area, and building height were recalculated and applied pursuant to the legislation in force at the time. This could result in a reduction of existing building rights (e.g., loss of FAR) or a waiver of vested rights for property owners or contractors.

Under the Amendment Regulation, in respect of a building holding a building occupancy permit or in independent units within such a building, the zoning plan shall not be taken into account for modifications, provided that the building’s external contour, building coverage ratio, FAR, construction area, eave level, and intended use remain unchanged, and that necessary measures are taken concerning the building’s structural system and fire safety.

Conclusion and Assessment

The Amendment Regulation introduces changes in several areas, including provisions regarding day-care centers and family health centers, clarification of the scope of facilities that may be constructed in park areas, expansion of accessibility standards to include elderly individuals, and certain flexibilities concerning residential standards. In particular, the encouragement of including social facility areas in projects by excluding them from building coverage ratio and FAR calculations may enable the construction of units serving the public interest without resulting in a loss of space for investors.

Moreover, the provision allowing modifications to be carried out in buildings possessing a building occupancy permit, without regard to the zoning plan under certain conditions, can be regarded as a development that may reduce potential grievances by eliminating the risk of loss of FAR or impairment of acquired rights for property owners and contractors. However, disregarding construction conditions such as FAR, construction area, and building height as determined under the current zoning plan and legislation during modification works may result in the non-application of up-to-date technical standards that affect building safety, including risks from earthquakes, fires, and similar hazards. This situation has the potential to create adverse safety outcomes, particularly in areas with high disaster risk or within older building stock.

Accordingly, while the Amendment Regulation facilitates investment and implementation in certain areas, it is crucial that technical safety criteria are rigorously observed when applying the exceptions introduced for building modifications, in order to mitigate potential risks and protect the public interest.