Regulation Change Regarding Protected Areas:An amendment has been made to the Regulation on the Replacement of Immovable Properties Remaining in Protected Areas with Treasury Immovable Properties.
“Regulation on Amending the Regulation on the Replacement of Immovable Properties Remaining in Protected Areas with Treasury Immovables” was published in the Official Gazette dated 31 May 2024 and numbered 32562.
The changes made on the subject and the text of the regulation are as follows:
PROPERTIES REMAINING IN PROTECTED AREAS ARE CONSIDERED WITH TREASURY PROPERTIES AMENDMENT IN THE REGULATION ABOUT CHANGE TO BE DONE RELATED REGULATION
ARTICLE 1-Subparagraph (d) of the first paragraph of Article 3 of the Regulation on the Exchange of Immovable Properties Remaining in Protected Areas with Treasury Immovables published in the Official Gazette dated 22/5/2010 and numbered 27588 has been amended as follows.
“d) Bidder: The owner of immovable properties subject to independent ownership, and all stakeholders in joint ownership.”
ARTICLE 2-Clauses (c) and (i) of the third paragraph of Article 4 of the same Regulation have been repealed and clause (d) of the same paragraph has been amended as follows.
“d) After an annotation is made in the land registry stating that it is a protected area, transfers made between shareholders or those who consent to the registration of the part subject to acquisition in the name of the Treasury free of charge, or acquired subsequently, excluding inheritance and dispositions due to death,”
ARTICLE 3-The phrase “owners” in the fourth paragraph of Article 5 of the same Regulation has been changed to “bidden”, the fifth paragraph of the same article has been amended as follows, and the phrase “by the Ministry of Finance” in the seventh paragraph has been changed as “by the Ministry of Environment, Urbanization and Climate Change”.
“(5) As a result of the evaluation of the applications by the Ministry; “The applications of the bidders who meet the conditions specified in Article 4 are notified to the Ministry of Environment, Urbanization and Climate Change twice a year as a list.”
ARTICLE 4-Subparagraph (d) of the second paragraph of Article 6 of the same Regulation has been amended as follows, and the phrase “from finance” in the fourth paragraph has been changed to “from the provincial directorate of Environment, Urbanization and Climate Change”.
“d) Correspondence addresses, mobile phone and TR ID Number information of the bidder and his/her representative, if any.”
ARTICLE 5-The phrase “owner” in the third paragraph of Article 7 of the same Regulation has been changed to “bidder”, the phrase “by the Ministry of Finance” in the fourth paragraph has been changed to “by the Ministry of Environment, Urbanization and Climate Change” and the phrase “owner” in the same paragraph has been changed to “bidder”. ” was changed to .
ARTICLE 6-The phrases “Environment” in subparagraphs (d) and (g) of the first paragraph of Article 8 of the same Regulation have been changed as “Agriculture”, the phrase “To the Ministry of Culture and Tourism” in subparagraph (ğ) of the same paragraph has been changed as “To the Ministry” and the same paragraph has been changed to The phrase “To the Ministry of Public Works and Settlement” in paragraph (i) has been changed to “To the Ministry of Environment, Urbanization and Climate Change”.
ARTICLE 7-Article 9 of the same Regulation has been amended as follows.
“ARTICLE 9- (1) Treasury immovable properties, which are deemed appropriate to be offered within the scope of barter by the Ministry of Environment, Urbanization and Climate Change, will be published on the websites of the Ministry of Environment, Urbanization and Climate Change and the provincial directorates of Environment, Urbanization and Climate Change, for a period of six months, with the price specified, and their location and qualifications. and announced on bulletin boards. Regulation Change Regarding Protected Areas
(2) By the provincial directorate of Environment, Urbanization and Climate Change where the real estate is located; The determined value of the immovable properties remaining in the protected area is notified to the bidder in writing and this letter also includes; By submitting a notarized undertaking stating that these prices have been accepted to the directorates or by making a written commitment at the directorates of the bidder or his notary approved representative, in return for the value of the real estate, he/she will be able to obtain a suitable price from the Treasury real estates suggested on the websites and bulletin boards of the Ministry of Environment, Urbanization and Climate Change and the provincial directorates of Environment, Urbanization and Climate Change. They are informed that they can apply to the provincial directorate of Environment, Urbanization and Climate Change where the real estate remaining in the protected area is located, or they can object to the determined price in accordance with Article 10.
(3) After the completion of the transactions regarding the immovable property remaining in the protected area by the relevant provincial directorate of Environment, Urbanization and Climate Change, the application documents, together with the price determination and other information and documents regarding the immovable property, are submitted to the Ministry of Environment, Urbanization and Climate Change where the immovable property belonging to the Treasury is located, in order to complete the exchange transactions. is sent to the directorate.
(4) If the part of the immovable property remaining in the protected area that does not meet the barter conditions or is subject to subsequent acquisition is consented to be registered in the name of the Treasury free of charge, these parts are registered in the name of the Treasury together with the first barter process.
(5) If there is no demand for the properties recommended on the websites and billboards of the Ministry of Environment, Urbanization and Climate Change and the provincial directorates of Environment, Urbanization and Climate Change within the specified period, other properties may be suggested instead of these properties.”
ARTICLE 8-Article 10 of the same Regulation has been amended as follows.
“ARTICLE 10- (1) The bidder may object to the notified price by applying with a petition to the provincial directorate of Environment, Urbanization and Climate Change where the real estate is located, within thirty days from the date of notification, by clearly stating the reasons and attaching the relevant information and documents.
(2) Objections are examined and decided by the commission that determines the price of the real estate within thirty days at the latest from the date of objection. The commission meets with the full number of members and makes decisions by majority. It is not possible to abstain from decisions. Commission decisions are written with reasons. The dissenting member must state the reason for the dissenting vote.
(3) Objections may be examined by the Ministry of Environment, Urbanization and Climate Change or the provincial directorates of Environment, Urbanization and Climate Change, when necessary, by having an on-site inspection. In this case, the commission makes its decisions without being subject to a thirty-day period and based on the results of the examination.
(4) The results of the decisions are notified to the bidder by the administration within fifteen days from the date of the decision.
(5) No other objection can be made by the bidder to the administration against the decisions of the commission. However, the bidder may file a lawsuit against the commission decisions.”
ARTICLE 9-The phrases “by the Ministry of Finance” in the first and second paragraphs of Article 11 of the same Regulation have been changed to “by the Ministry of Environment, Urbanization and Climate Change”, the phrase “bidden/s” in the second paragraph has been changed to “the bidder”, and the phrase “by the bidders” in the same paragraph has been changed to “by the bidders”. The phrase “by the bidder” has been changed to “by the bidder” and the following paragraph has been added to the same article.
“(3) If any shares remain in the bidder’s possession as a result of barter transactions, these shares can be used in other barter transactions.”
ARTICLE 10-The phrase “to the bidder(s)” in Article 12 of the same Regulation has been changed to “tenderer”.
ARTICLE 11-The phrase “Minister of Finance” in Article 15 of the same Regulation has been changed to “Minister of Environment, Urbanization and Climate Change”.
ARTICLE 12-This Regulation shall enter into force on the date of its publication.
ARTICLE 13-The provisions of this Regulation are enforced by the Minister of Environment, Urbanization and Climate Change and the Minister of Culture and Tourism.
