Article 18 of the Zoning Law is an article that allows the plots and lands in the area with a zoning plan or master plan to be arranged and parceled in accordance with the plans. The transactions carried out within the scope of this article are called parceling transactions.
Parcel transactions should be carried out in a way that takes into account the public interest and prevents victimization of the rights holders. However, in some cases, an annulment lawsuit may be filed on the grounds that the parceling transactions are against the law.
Application of Zoning Law Article 18
Parceling operations are carried out in the following stages:
1. Planning: A parceling plan is prepared in line with the zoning plan or master plan.
2. Identification: The immovable properties included in the parceling plan are identified and their owners are determined.
3. Price Determination: The prices of immovable properties are determined within the framework of expropriation rules.
4. Distribution: Immovable properties are parceled out in accordance with the plan and shares are allocated to the owners.
5. Registration: Parcel transactions are registered in the land registry.
Zoning Law Article 18 Cancellation Case
An annulment lawsuit can be filed against parceling transactions on the following grounds:
• Lack of Authority: The parceling process has not been carried out by the competent authority.
• Irregularity: The parceling process was not carried out in accordance with the law.
• Illegality: The parceling process is against the law.
• Lack of Public Interest: The parceling process was carried out without considering the public interest.
• Victimization: The parceling process causes suffering to the rights holders.
Cancellation Case Period
An annulment lawsuit against the parceling transaction must be filed within 60 days from the notification of the transaction.
