Brief Summary

If parking needs cannot be met in new constructions on plots of 500 m² or less that are demolished due to hazardous building identification, a permit can be obtained by paying 25% of the fee upon application; the remainder will be collected within 30 days once the regional parking facility is built. In 2025, the Council of State annulled the flexible paragraph concerning hazardous buildings.

Urban transformation projects often find parking to be one of the most challenging technical issues: it is frequently impossible to accommodate the mandatory number of parking spaces for a new building on old, small plots. The legislation, taking this reality into account, has provided for a special parking fee regime for hazardous building plots. In this article, we explain how the parking fee is applied in transformation projects under Law No. 6306.

Special Facilitation for Hazardous Building Plots (Art. 10)

According to Article 10 of the Regulation, permit applications for new constructions on plots of 500 m² or less where structures were demolished as hazardous buildings identified within the scope of disaster preparedness, and whose parking needs cannot be met according to Articles 4/e and 4/f-1,2 (on the plot and from nearby plots), are accepted on the condition that 25% of the parking fee is paid upon application.

The parking spaces for these structures are planned by the administration to be met by a regional parking facility. The remaining 75% of the fee is collected from the plot owners within 30 days after the regional parking facility is provided by the administration, and an annotation is made in the declarations section of the land registry.

The 500 m² limit was updated in 2025

This facility was initially applicable to parcels of 250 m² and smaller; with the amendment dated 27/12/2025, the limit was raised to 500 m², covering more risky building parcels.

If the Regional Car Park is Not Ready: Temporary Solution Before Occupancy Permit

A common problem encountered in risky building parcels is that the regional car park has not yet been built when the building is completed. In this situation, legislation prevents the building from obtaining an occupancy permit: if the building is completed before the regional car park is built, the parking requirement is temporarily met from general car parks or by methods such as roadside/pocket car parks at the nearest distance without a distance requirement, and an occupancy permit is issued by specifying this.

2025 Council of State Annulment: What Did It Change?

With the amendment dated 12/8/2023, a paragraph (Article 4, Paragraph 2) was added to risky building parcels, granting the administration the ability to freely determine parking procedures without an order of priority by council decision. This paragraph was annulled by the decision of the 6th Chamber of the Council of State dated 15/5/2025, numbered E.2023/7743, K.2025/2761; the annulment became final with the approval decision of the Board of Administrative Litigation Chambers of the Council of State dated 18/12/2025, numbered E.2025/1954, K.2025/3352.

The practical result of the annulment is this: in risky building parcels, the general procedure and order of solutions stipulated by the legislation must be followed for parking solutions; administrations cannot make free arrangements outside this framework. This provides a guarantee in favor of the rights holders. (It is recommended to confirm the impact of such current decisions on your case from UYAP.)

Who Bears the Parking Fee in a Flat-for-Land Contract?

Most urban transformation projects are carried out with a construction contract in exchange for land share. Which party (owner or contractor) will bear the parking fee is directly dependent on the text of this contract. In practice, the fee is usually borne by the contractor; however, if there is no clear and complete provision in the contract, a serious dispute arises between the parties during the occupancy permit stage. For this reason, it is of critical importance to clearly regulate the parking fee item during contract negotiations.

Frequently Asked Questions (FAQ)

Is a parking fee charged in urban transformation?

In parcels 500 m² or smaller where buildings are demolished due to risky structure determination, if the parking need cannot be met within the parcel or from nearby parcels (Article 4/e and f-1,2), a license can be obtained by paying 25% of the parking fee during application; the remaining 75% will be collected within 30 days when the regional parking lot is built.

When did the 500 m² limit change?

This convenience was initially foreseen for parcels 250 m² or smaller. The limit was updated to 500 m² or smaller parcels with the regulation amendment dated 27/12/2025.

What was the regulation annulled by the Council of State?

Sub-paragraph 2 of Article 4, which was added with the amendment dated 12/8/2023 and allowed the administration to freely determine parking procedures in risky building parcels by council decision, was annulled by the decision of the 6th Chamber of the Council of State dated 15/5/2025 (E.2023/7743, K.2025/2761); the annulment was finalized with the approval decision of the Council of State’s Grand Chamber of Administrative Cases (İDDK) dated 18/12/2025 (E.2025/1954, K.2025/3352).

If I don’t have parking before the occupancy permit, how will I use it?

If the building is completed before the district parking lot is built, the parking requirement is temporarily met at the nearest distance from general parking lots or through methods such as roadside/pocket parking, without a distance requirement, and by stating this, an occupancy permit is issued.

Who bears the parking fee in a flat-for-land share agreement?

This depends on how the construction contract in return for land share between the landowners and the contractor is arranged. In practice, the parking fee is usually charged to the contractor; however, if there is no explicit provision in the contract, a dispute arises. Therefore, which party will cover the cost must be clearly stated in the contract.

Why is Expert Lawyer Support Necessary?

The parking fee in urban transformation is a multi-layered issue at the intersection of the risky building process, parcel size, provisions of flat-for-land share contracts, and current judicial decisions. Failure to correctly distribute the parking fee among the parties in the contract or overlooking the current jurisprudence of the Council of State leads to difficult-to-remedy loss of rights at the occupancy permit stage.

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

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

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For an evaluation regarding the accrual of parking fees, and your license and occupancy permit process, you can reach us via our contact page; to learn about our team, you can visit our team section.

Legal Basis and Official Sources

Note: The Council of State decisions mentioned in this article are based on official sources; it is recommended that you confirm their credentials via UYAP before using them in your specific case.

Legal warning: 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.