Regulation on the Exchange of Immovables Located in Protected Sites with Treasury Immovables

Institution: Ministry of Culture and Tourism

Date of Approval: 22.05.2010

Official Gazette Date: 22.05.2010

Official Gazette No: 27588

CHAPTER ONE: Purpose, Scope, Basis and Definitions

Purpose and scope

ARTICLE 1 - (1) This Regulation covers the procedures and principles for the exchange of immovables owned by real and private legal persons, which have been declared as protected sites due to the presence of immovable cultural and natural assets that need to be preserved and where a definitive construction ban has been imposed, with Treasury immovables.

Basis

ARTICLE 2 - (1) This Regulation has been prepared based on subparagraph (f) of the first paragraph of Article 15 of the Law No. 2863 on the Protection of Cultural and Natural Assets dated 21/7/1983.

Definitions

ARTICLE 3 - (1) In this Regulation, the following terms mean;

  • a) Archaeological site: Areas that need protection where the remains of an ancient settlement or an old civilization are found, or areas under or uncovered from underwater that require preservation,
  • b) Ministry: Ministry of Culture and Tourism,
  • c) Treasury immovable: Immovables under the private ownership of the Treasury and immovables under the sovereignty and disposal of the State that can be registered in the land registry in the name of the Treasury,
  • ç) Applicant: The owner in immovables subject to sole ownership, all co-owners in immovables subject to joint ownership, and all partners in immovables subject to undivided ownership,
  • d) Immovable cultural assets: Immovable assets on the surface, underground or underwater related to science, culture, religion and fine arts from prehistoric and historical periods that require protection,
  • e) Immovable natural assets: Immovables such as historical caves, rock shelters, distinctive trees and tree groups, and similar immovables located on or under the surface or underwater, which belong to geological, prehistoric and historical periods and require protection due to their rarity, characteristics and beauty,
  • f) First-degree archaeological site: Sites to be preserved exactly as they are except for scientific studies aimed at protection,
  • g) First-degree natural site: Sites that must be absolutely protected due to their interesting features, beauty and rarity, and to be preserved exactly as they are except for scientific studies aimed at protection,
  • ğ) Second-degree archaeological site: Sites that need protection but whose usage forms and limits are determined by protection boards.

CHAPTER TWO: Procedures and Principles Regarding Immovables Subject to Exchange and Application

Immovables eligible for exchange

ARTICLE 4 - (1) Immovables belonging to real and private legal persons located in protected sites registered as first and second-degree archaeological sites and first-degree natural sites, where a definitive construction ban is imposed in the approved 1/1000 scale conservation zoning plan, and included in exchange programs determined annually by the Ministry, can be exchanged with Treasury immovables.

(2) The condition of the approved 1/1000 scale conservation zoning plan is not required for parcels located in areas where excavations authorized by the Ministry have been carried out.

(3) However;

  • a) Those with ownership disputes,
  • b) Immovables determined as protected sites that were distributed by the State under the provisions of the Law No. 3573 dated 26/1/1939 on the Improvement of Olive Cultivation and Grafting of Wild Trees, and immovables with annotations in land registries indicating they are still under the scope of Law No. 3573,
  • c) First-degree natural sites located in special environmental protection zones declared by the Council of Ministers under the Decree Law No. 383 dated 19/10/1989 on the Establishment of the Special Environmental Protection Agency,
  • ç) Immovables acquired after annotation of being a protected site in the land registry, except for inheritance and death-related dispositions,
  • d) Immovables with other restrictions besides the annotation of being in a protected site in the land registry,
  • e) Immovables within the scope of the Coastal Law No. 3621 dated 4/4/1990, located on the sea side of the coastal boundary line or partially on the sea side,
  • f) Immovables within the scope of the National Parks Law No. 2873 dated 9/8/1983,
  • g) Immovables located in areas declared as application zones according to the Agricultural Reform Law No. 3083 dated 22/11/1984,
  • ğ) Immovables within military restricted and security zones under the Law No. 2565 dated 18/12/1981, which must be expropriated by the Ministry of National Defense,
  • h) Immovables within the scope of the Forest Law No. 6831 dated 31/8/1956,
  • ı) Immovables within the scope of the Tourism Encouragement Law No. 2634 dated 12/3/1982, which must be expropriated by the Ministry,
  • i) Immovables within the scope of the Law No. 7269 dated 15/5/1959 on Measures and Assistance for Disasters Affecting Public Life, which must be expropriated by the Ministry of Public Works and Settlement,
  • j) Immovables within the scope of the Pasture Law No. 4342 dated 25/2/1998,
  • k) Immovables designated for roads, parking lots, green areas in zoning plans or under the responsibility or maintenance of other public institutions and organizations, cannot be subject to exchange with Treasury immovables.

Determination of immovables subject to exchange

ARTICLE 5 - (1) The Ministry determines in which protected sites the exchange procedure will be included in the program, considering the applications made.

(2) If the protected site included in the program is located within districts of metropolitan municipalities or central districts of other provinces, it is announced by the Governorship; if located in other districts, by the District Governorship, by posting on the announcement board for thirty days, and if necessary, announced three times at intervals of at least two days via municipal loudspeakers, and also announced on the websites of the Governorship, District Governorship and Municipalities.

(3) If the protected site is within village boundaries, in addition to the above announcements, the situation is notified to the village headman to inform the villagers.

(4) Within sixty days from the first announcement date, owners wishing to benefit from that year's exchange program apply to the Provincial Directorates of Culture and Tourism or directly to the Ministry with the required documents.

(5) After evaluation by the Ministry, applications of all parcel owners within the same block meeting the conditions specified in Article 4, or parcel owners in areas where excavations authorized by the Ministry have been carried out, are reported twice a year to the Ministry of Finance in a list.

(6) The list includes the province, district, neighborhood or village, map sheet, block and parcel numbers of the immovables, and the area of the parts located in first and second-degree archaeological sites and first-degree natural sites. Examination reports, immovable information forms and copies of application petitions are attached to the list.

(7) If the part of the immovable not subject to exchange is not independently usable, this part can be included in the exchange upon the applicant's request, documented by an on-site inspection by the Ministry of Finance.

Form and examination of application

ARTICLE 6 - (1) The owner of the immovable within the scope of this Regulation, or if there is joint or undivided ownership, all co-owners or partners together or their representatives with a notarized power of attorney, apply with a petition to the Provincial Directorates of Culture and Tourism or the Ministry for the exchange of the immovable with Treasury immovables, along with the following documents.

(2) Documents to be attached to the petition:

  • a) Copy of the title deed or scaled sketch of the immovable along with the land registry document,
  • b) Photographs of the immovable showing and identifying it, clearly taken and not smaller than 9x12 cm,
  • c) Scaled map showing the location of the immovable, if available,
  • ç) If the co-ownership or partnership status or share ratio is not clear from the title deed or land registry document of immovables with joint or undivided ownership, inheritance certificate,
  • d) Correspondence addresses of the owner and, if any, the representative.

(3) Those who apply with misleading documents or withdraw from the exchange proposal lose the right to request exchange.

(4) Examinations regarding immovables belonging to real and private legal persons in places included in exchange programs are conducted by a commission consisting of experts appointed by the Ministry's General Directorate of Cultural Heritage and Museums or experts from the museum directorate in the province where the immovable is located, or if none, from another suitable museum directorate, along with a technical officer and a finance officer.

(5) The examination report and immovable information form are prepared by the commission clearly, without ambiguity, and including the minimum information specified in the annexed form of this Regulation, and submitted to the Ministry.

Valuation

ARTICLE 7 - (1) The values of immovables subject to exchange are determined according to the provisions of the State Tender Law No. 2886 dated 8/9/1983 and the Regulation on the Administration of Treasury Immovables published in the Official Gazette No. 26557 dated 19/6/2007.

(2) In determining the values of immovables belonging to real and private legal persons located in protected sites, their actual and legal status before the declaration of the site is taken into account.

(3) If there are buildings and facilities on immovables belonging to real and private legal persons located in protected sites, upon the owner's application, the current market value is determined according to Article 11 of the Expropriation Law No. 2942 dated 4/11/1983 and paid by the Ministry.

(4) No value is assigned to movable facilities and structures that can be dismantled and removed, fruits on trees, or crops in the field. Even if exchanged, the Ministry of Finance grants a one-time permission for the owner to remove movable facilities and structures, collect fruits in season, and harvest crops within the given period.

Treasury immovables not subject to exchange

ARTICLE 8 - (1) Among Treasury immovables;

  • a) Those allocated for public services,
  • b) Those under the sovereignty and disposal of the State but cannot be registered in the land registry in the name of the Treasury,
  • c) Those within the scope of the Coastal Law No. 3621,
  • ç) Those within the scope of the Law No. 2863 on the Protection of Cultural and Natural Assets and deemed unsuitable for exchange by the Ministry,
  • d) Those located within national parks, nature parks, nature monuments and nature protection areas under the National Parks Law No. 2873 and allocated to the Ministry of Environment and Forestry,
  • e) Those located in areas declared as application zones according to the Agricultural Reform Law No. 3083 and deemed unsuitable for exchange by the General Directorate of Agricultural Reform,
  • f) Those within military restricted and security zones under the Law No. 2565 and deemed unsuitable for exchange by the General Staff,
  • g) Those within the scope of the Forest Law No. 6831 and those transferred to the Ministry of Environment and Forestry under the Law No. 2924 on Supporting the Development of Forest Villagers,
  • ğ) Those not belonging to the Treasury, those requiring consolidation, and those in which the Treasury is a shareholder, except those allocated to the Ministry of Culture and Tourism under the Tourism Encouragement Law No. 2634,
  • h) Those granted title allocation certificates under the Law No. 2981 dated 24/2/1984 and the Law No. 6785 amending a provision of the Zoning Law,
  • ı) Those within the scope of the Law No. 7269 on Measures and Assistance for Disasters Affecting Public Life and allocated to the Ministry of Public Works and Settlement,
  • i) Those within the scope of the Pasture Law No. 4342,
  • j) Those acquired by partition and not one year has passed since acquisition,
  • k) Those acquired by expropriation and the period specified in Article 23 of the Expropriation Law No. 2942 has not expired,
  • l) Those requiring allocation, transfer, abandonment or usage rights to public institutions and organizations by special laws,
  • m) Those with undivided ownership not converted to joint ownership,
  • n) Those allocated for a public service in zoning plans, except immovables declared by the relevant authority as not to be used for this service,
  • o) Those with partial purchase requests but whose subdivision is not in favor of the Treasury, cannot be subject to exchange.

Announcement and application

ARTICLE 9 - (1) Treasury immovables deemed appropriate for exchange by the Ministry of Finance are announced on the websites and announcement boards of the provincial finance directorates for six months, specifying their location, characteristics and value.

(2) The Ministry of Finance notifies the applicant(s) in writing of the determined value of immovables located in protected sites and informs them that they can select suitable Treasury immovables announced on the websites and announcement boards of the finance directorates in exchange for the value of their immovables by submitting a notarized commitment letter accepting these values to the Ministry of Finance. It is also stated that for the evaluation of exchange requests, all parcel owners within the same block must apply and accept all proposed parcels, or they may object to the determined value to the finance directorate where the immovable is located according to Article 10.

(3) For immovables located in areas where excavations authorized by the Ministry have been carried out, the condition for the applicant's application and acceptance applies to the immovable.

(4) To evaluate the application, the estimated values of immovables subject to exchange cannot differ by more than twenty percent.

(5) If no demand is made within the specified period for immovables proposed on the websites and announcement boards of the finance directorates, other immovables may be proposed instead.

Objection to value

ARTICLE 10 - (1) Applicants may object to the notified value by submitting a petition with clear reasons and related information and documents to the finance directorate where the immovable is located within thirty days from the notification date.

(2) Objections are examined and decided by the valuation commission within thirty days from the objection date. The commission meets with full membership and decides by majority. Abstentions are not allowed. Decisions are written with justification. Dissenting members must state their reasons.

(3) The Ministry of Finance or finance directorates may have on-site inspections conducted if necessary. In this case, the commission makes decisions without being bound by the thirty-day period, based on the inspection results.

(4) The result of the decision is notified to the applicant by the administration within fifteen days from the decision date. A copy of the notification letter and its attachments, if any, is sent to the Ministry of Finance.

(5) Applicants cannot make another objection to the administration against commission decisions. However, they may file a lawsuit against the commission decisions.

Exchange

ARTICLE 11 - (1) The exchange of immovables within the scope of this Regulation is carried out by the Ministry of Finance through negotiation according to subparagraph (g) of Article 51 of the State Tender Law No. 2886 and the provisions of the Regulation on the Administration of Treasury Immovables. If the value of the Treasury immovable is higher, the difference is paid in cash and in advance by the applicant(s).