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Zoning

Amenity Area (Social Infrastructure)

Areas reserved in the zoning plan for public services such as schools, health centres, parks, green space and roads. Created through parcelling under Article 18 of Law 3194.

Amenity area (Turkish: *Donatı Alanı*, social amenity area) refers to zones reserved in the zoning plan for public services: schools, health facilities, parks, green areas, places of worship, parking, cultural and sports facilities, religious sites, roads and public squares. Standards are set by the Spatial Plans Production Regulation and Zoning Law 3194 based on density and land-use type.

Provided through Article 18 application: Under Law 3194 art. 18 (land and plot regulation / parcelling), a Regulation Partnership Share (DOP) is taken from every parcel in the regulation area — up to 45%. This share is used for new roads, squares, parks and other amenity areas. The DOP rate is subject to the principle of equality; every parcel contributes at the same rate.

Standards — per capita m²: Under the Spatial Plans Production Regulation: - Active green space (park, play, sports): min. 10 m²/person - Education facilities (pre-school + primary + secondary): ~4-5 m²/person - Health facilities: ~1 m²/person - Place of worship: appropriately scaled per neighbourhood - Parking: ~1-2 m²/person

Suspension of rights: Parcels that remain in an amenity zone carry a compulsory expropriation obligation for the administration. If the administration fails to expropriate within 5 years, the owner can claim compensation for loss of value from zoning restrictions (Council of State 6th Chamber and ECtHR jurisprudence — Hakan Arı v. Türkiye, 2019).

Examples

  • 1.Article 18 application for a newly-opened neighbourhood: from a 100-hectare area, 42% DOP was taken from each parcel → 42 hectares of amenity area (park, school, road, square) created.
  • 2.Half of your parcel was designated as park area in the zoning plan → if not expropriated within 5 years, you can file a compensation claim.
  • 3.A new primary school was needed; the municipality expropriated a parcel designated as an educational area in the plan and built the school.

Frequently Asked Questions

What can I do with a parcel stuck in an amenity zone?expand_more
Three options: (1) Wait for the administration to expropriate — mandatory within 5 years, otherwise a right to compensation arises. (2) Negotiate a **swap** with the administration — exchange at market value for another parcel is possible. (3) File a **compensation claim for zoning restriction** in administrative court (based on the ECtHR Hakan Arı v. Türkiye precedent).
Why is the DOP cap 45%?expand_more
Under the original Law 3194 art. 18, DOP was 40%; in 2020 Law 7221 raised it to 45%. The increase was intended to provide more amenity area in densely-built zones. DOP above 45% is not allowed — the excess must be obtained through expropriation with compensation.
Where are amenity area standards specified?expand_more
The Spatial Plans Production Regulation's annex (EK-2) sets the minimum per-capita amenity m² values for each density level and land-use type. The regulation was updated in 2014 and 2020. Local municipalities can customise standards in their own regulations but cannot fall below the minimums.

Sources

  • Zoning Law 3194 art. 18 (DOP and parcelling)
  • Spatial Plans Production Regulation EK-2
  • ECtHR Hakan Arı v. Türkiye (2019 — zoning restriction compensation precedent)

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Last updated: 2026-04-24