Section 5 · Spatial restrictions and environment
Protected sites, the shore edge line and water-basin restrictions
The property may be yours, but the right of disposal belongs to the state; invisible annotations
Even if the title deed shows ownership as yours, the property may carry an archaeological site, natural site, shore edge line, water-basin zone, military security zone or Highways expropriation annotation. These restrictions can wipe out building rights and may also require ministry permission for a sale.
Step-by-step process
- Natural-site screening via SITPORTAL (Directorate General for Protection of Natural Assets). Sign in with e-Devlet to the official sit.csb.gov.tr portal of the Ministry of Environment, Urbanisation and Climate Change and query your parcel on the map; see the boundaries of a ‘Strictly Protected Sensitive Area’ (Kesin Korunacak Hassas Alan), ‘Qualified Natural Protection Area’ (Nitelikli Doğal Koruma Alanı) or ‘Sustainable Protection Area’ (Sürdürülebilir Koruma Alanı).
- Cultural-property site query (Regional Conservation Council Directorate). If a historic monument or archaeological site is suspected on the property, petition the Regional Conservation Council for Cultural Property of the Ministry of Culture and Tourism in writing, and get written confirmation, by council decision, of whether there is an archaeological-site annotation and, if so, of its protection status.
- Overlaying the shore edge line sheet (Provincial Directorate of Environment and Urbanisation). For land on the shore of a sea, natural lake or dam lake, obtain the approved ‘shore edge line’ (Kıyı Kenar Çizgisi) sheet from the Coastal Branch Directorate of the Provincial Directorate of Environment and Urbanisation. Know that no structure can be built in the first 50 metres of the shoreline strip.
- Water-basin protection zone query (Relevant Water and Sewerage Administration). If the parcel is around a drinking-water dam, request a ‘Basin Status Certificate’ (Havza Durum Belgesi) from the relevant metropolitan water administration (İSKİ, ASKİ, etc.). Document the absolute building bans in the 0–300 m absolute and 300–1,000 m short-distance protection bands with an official letter.
Legal basis
- Law on the Conservation of Cultural and Natural Property (Kültür ve Tabiat Varlıklarını Koruma Kanunu, Law No. 2863)
- Coastal Law (Kıyı Kanunu, Law No. 3621; Arts. 4 and 5 — 50 m approach limit, Art. 6 — ban on building on the coast, Art. 8 — ban on building in the unplanned shoreline strip)
- Regulation on the Protection of Drinking and Utility Water Basins (İçme-Kullanma Suyu Havzalarının Korunmasına Dair Yönetmelik; measured from the maximum water level: Absolute 0–300 m, Short-Distance 300–1,000 m, Medium-Distance 1,000–2,000 m zones)
- Law on Military Forbidden Zones and Security Zones (Askeri Yasak Bölgeler ve Güvenlik Bölgeleri Kanunu, Law No. 2565)
Key principles
Natural site (strictly protected sensitive area) and archaeological site. In a natural site, no new building is allowed in a ‘strictly protected sensitive area’; in other categories and in archaeological/urban sites, building depends on the decision of the relevant Conservation Council (Law No. 2863). The Ministry may resort to exchange or expropriation. Confirm the status from the title-deed declaration and the council decision.
Shore edge line restriction (Law No. 3621). Areas on the sea side of the shore edge line are public property and cannot be privately owned; even if there is a title deed, it carries a risk of cancellation.
Drinking-water basin protection zones. In the catchment area of a dam lake, building is completely prohibited within the ‘Absolute Protection Zone’ (the first 300 metres).
National parks and wetland protection (RAMSAR). In special environmental protection areas, the planning authority lies with the ministry determined by Presidential decision (Environment Law No. 2872 Art. 9/d); the permit-issuing authority should be confirmed with the provincial directorate.
Mistakes to avoid
- Selling or buying a field by the sea on the promise of a plot without knowing that it lies within the shore edge line.
- Concealing that a field with a dam-lake view lies in the İSKİ/ASKİ absolute protection zone and cannot be built on.
- Not querying the protected-site status in writing from the Regional Conservation Council.
Checklist
- In a plot sale, the annotations of the Provincial Directorate of Environment and Urbanisation and the Council for the Protection of Natural Assets must be reviewed.
- On coastal strips, the approved shore edge line sheet must be overlaid on the cadastral sheet.
- A Parselo file presents water basins and protection areas as layers.
With Parselo
Parselo intersects the parcel boundary with the openly available official layers and, where there is a protected-site or protection polygon, shows the intersection with its source; the exact situation must be confirmed with the relevant institution.
Official source: Digital Natural Site Areas (SITPORTAL) (https://sit.csb.gov.tr)