If parking cannot be provided on the plot, is a fee paid directly? Order of solutions: common parking, adjacent plot, easement, and district parking, technical report requirement, and the 5-year rule.

Not being able to provide your parking on your own plot does not mean automatically paying a fee. The regulation stipulates an order of solutions: first, common/adjacent/intra-block parking and provision from another plot via easement; only if these are not possible, then allocation of district parking through a fee.

One of the most frequent bottlenecks in new building projects is that the required number of parking spaces cannot fit on the plot. Many property owners, as soon as they hear this, think, “so I’ll have to pay a fee to the municipality.” However, the legislation positions the fee as a last resort and offers more economical alternatives before it. In this article, we explain those alternatives and under what conditions the fee option is pursued.

Rule: Parking is First Provided on the Plot

According to Article 4 of the Regulation, it is mandatory for the parking needs of building users to be met within the building or on its plot. Parking can be arranged in basement floors, under natural/graded ground, under rear and side gardens (maintaining garden status with a minimum of 30 cm soil cover), and as open parking in the front garden if conditions permit. In other words, many technical possibilities that can increase the project’s parking capacity should be evaluated before resorting to the fee option.

Cases Where Parking Cannot Be Provided on the Plot (Art. 4/e)

The limited number of cases where parking needs cannot be partially or entirely met on the plot, as specified in the legislation, are as follows:

The inability to provide minimum-sized parking, maneuvering, and ramp areas due to the plot’s area/frontage dimensions, as confirmed by a technical report,

Inability to build a parking lot on a parcel of registered immovable cultural property,

Inability to build a basement floor due to the geological/topographical structure of the land or a high groundwater level,

The parcel fronting a pedestrian path, a road with stairs, or a road closed to traffic,

In adjacent parcels, digging below the foundation level of neighboring buildings posing a static risk.

It is mandatory that these situations be determined by the administration with a technical report. Directly charging a fee without such a determination is a procedural error that can be objected to later.

Order of Solutions Before Payment (Art. 4/f)

For the parking amount that cannot be met on the parcel, the regulation foresees the following order:

1) Shared Parking Lot / Block Interior Parking Lot

With neighboring parcels, a shared parking lot or a block interior parking lot can be arranged with the consent of the owners and the approval of the site plan by the administration. An annotation is placed in the declarations section of the title deed, and a passage way of at least 3.00 meters in width is provided.

2) Provision from Another Parcel by Easement

Parking can be provided from another parcel, building, or commercial parking lot within a 1500-meter radius or 2000-meter walking distance by establishing a perpetual easement in the title deeds and making an annotation in the declarations section. This is often a more permanent and economical solution than paying a fee.

3) Last Resort: Allocation of Regional Parking in Exchange for a Fee

In cases where parking cannot be met by the aforementioned methods, the administration allocates a space from the regional parking lot for a fee, in accordance with the principles of Parking Regulation Article 12. The administration is obliged to inform how the regional/general parking lot will be utilized and from which parking lot a space will be allocated, within 30 days from the date of application.

Convenience for small parcels

In parcels with a frontage of less than 9 meters or an area of less than 250 m², if at least half of the parking requirement can be met on the parcel, the residential parking requirement can be reduced by up to 50%. For existing parcels smaller than 120 m² and with 3 floors or more, the requirement can be met from a regional/general parking lot for a fee, upon request.

Frequently Asked Questions (FAQ)

If I cannot provide parking on my parcel, do I pay a fee directly?

No. The regulation stipulates a sequence of solutions: first (1) shared parking with an adjacent parcel or within the block, then (2) an attempt is made to meet the requirement by establishing a permanent easement from another parcel/building/commercial parking lot within a 1500-meter radius or 2000-meter walking distance. If these are also not possible, only then (3) a space is allocated from the regional parking lot by the administration for a fee.

How is the inability to provide parking on the parcel documented?

The inability to provide parking on the parcel due to reasons such as its dimensions, soil/topographic structure, high groundwater level, or foundation level risk in attached layouts, is determined by the administration with a technical report. Proceeding directly to the fee option without this determination is unlawful and may be subject to objection.

How is shared parking established with an adjacent parcel?

The gardens of adjacent parcels on the development block can be arranged as a common parking lot, provided that the consent of each parcel owner is obtained, parcel boundaries are preserved, and the site plan is approved by the administration. A note to this effect is placed in the declarations section of the title deed. A passage at least 3.00 meters wide must be provided.

Can I rent/allocate a parking space from another building?

Yes. A parking space can be provided from another parcel, building, or commercial parking lot within a 1500-meter radius or 2000-meter walking distance, on the condition that an indefinite easement is established in the title deeds and a note is made in the declarations section. This method is often a more economical and permanent solution than paying a fee.

If I choose the fee option, when will my parking lot be built?

For parcels for which a parking fee is collected, regional parking lots must be completed within a maximum of 5 years from the date of the building permit (Art. 12/7). If the administration fails to fulfill its obligation within this period, legal remedies, including refund and compensation, may come into question.

Why is Expert Lawyer Support Necessary?

Determining whether the inability to provide parking on the parcel has been correctly assessed, the applicability of alternatives (common parking, easement) in the specific project during the solution phase, and whether to opt for the fee payment method, all require both technical and legal evaluation. Incorrect guidance can lead you to pay a high fee unnecessarily.

2M Law Office provides end-to-end legal support to building owners, contractors, and flat owners in parking fee, zoning, and condominium disputes. In the capacity of an Istanbul condominium law lawyer, Tuzla condominium lawyer, Istanbul urban transformation lawyer, Tuzla real estate lawyer, and Istanbul zoning law lawyer; we provide services in overseeing the accrual of parking fees during the licensing phase, correcting erroneous calculations, and managing administrative application/litigation processes.

Our office also stands by flat owners and building owners in management plan, common area, and parking allocation disputes within the scope of site and apartment consultancy; and also as a parking fee lawyer in objections to municipal accruals and refund requests. Our service network primarily covers the Anatolian Side of Istanbul, including Tuzla, Pendik, Kartal, Maltepe, as well as the Gebze / Kocaeli line.

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For an assessment regarding your parking fee accrual, license, and occupancy permit process, you can reach us through our contact page; to get information about our team, you can visit our team section.

Legal Basis and Official Sources

Legal notice: This content is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. Since parking fee amounts vary according to municipal council decisions and annually updated values, always consult an expert lawyer for your specific case.