Annulment Actions Against Zoning Plan Amendments

This article is an English translation of the Turkish original published by the office.

Disputes arising from zoning plans, or from administrative acts implementing them, are undoubtedly among the most important matters brought before the administrative courts. It is natural for everyone to want to use their land as they wish, but a limited surface of the earth cannot satisfy humanity’s unlimited wishes. The idea that land must be used according to a plan, so that it can be used better and in an orderly way, laid the foundations of zoning law. In this article we explain what a zoning plan is and then look at legal remedies against zoning plan amendments.

What is a zoning plan?

A zoning plan is an official document that sets land use, building conditions, transport systems and landscaping in an area, with the aim of ensuring that cities develop in an orderly and planned way. In Türkiye, the basic law for zoning plans is the Zoning Law No. 3194. Zoning plans are critical for the healthy, safe and sustainable development of living spaces: they determine land use, set building standards and aim to ensure that infrastructure services are delivered effectively.

What is a zoning plan amendment?

A zoning plan amendment updates or rearranges certain parts or provisions of an existing plan in line with principles of urbanism, planning principles and the public interest. Amendments are usually made when existing plans no longer meet an area’s needs, or in order to remove, reduce or relocate social and technical infrastructure areas shown in the plan.

Objecting to a zoning plan amendment

The objection process is regulated in Article 8 of Law No. 3194. Plan amendments are displayed for one month (30 days) from their approval, simultaneously at the places determined by the governorship and on the relevant authorities’ websites. Those concerned may object in writing during this 30-day display period.

Objections are examined and decided by the municipal council or competent authority within 15 days. If the objection is rejected, an annulment action may be filed at the administrative court within 60 days of notification of the rejection. Objecting is not mandatory, however: those concerned may file an annulment action directly at the administrative court within 60 days without objecting.

What is a zoning plan amendment action?

It is an administrative action seeking the annulment of changes made to an existing zoning plan on the ground that they are unlawful. Such actions are usually based on the claim that the amendments breach principles of urbanism, planning principles or the public interest.

Competent court

Actions to annul zoning plan amendments fall within the jurisdiction of the administrative courts. If the amendment was made by a municipality or special provincial administration, the administrative court is competent; if it was made by a ministry, the action is filed at the Council of State as the court of first instance.

Where an amendment is made to a limited part, falling within the jurisdiction of a single administrative court, of a 1/100,000 scale environmental plan covering the jurisdiction of several administrative courts, the amendment cannot be treated as an act independent of the main plan for the purpose of determining the competent court; the Council of State is therefore competent as the court of first instance (Council of State, 6th Chamber, 2022/264 E., 2022/3452 K., 23 March 2022).

As a rule, the court of the place where the property subject to the plan is located has territorial jurisdiction, but in some cases the court of the place where the authority that made the act is located may be competent.

An act requiring payment of an examination and service fee for approving zoning plan proposals submitted by those concerned is independent of the planning process and is not to be resolved by applying legislation on immovable property; the competent court is therefore not the administrative court where the property is located but the one where the authority that made the act is located (Council of State, 6th Chamber, 2018/1194 E., 2018/1948 K., 5 March 2018).

Who can bring an action to annul a zoning plan amendment?

Standing depends on whether the person’s interest is affected: there must be a link of interest between the claimant and the plan act challenged. Persons directly or indirectly affected by zoning plans may therefore sue on the ground that their interests are infringed.

• The owner of a neighbouring parcel who can show that they are adversely affected by the amendment has standing (Council of State, 6th Chamber, 2015/3607 E., 2019/7090 K.; 2017/939 E., 2019/12083 K.; 2023/8003 E., 2024/4298 K.).
• Bar associations have no standing against zoning plans that do not directly affect their own rights and interests (Council of State, 6th Chamber, 2018/4425 E., 2022/6253 K.; 2022/8844 E., 2023/4793 K.; 2020/313 E., 2024/1529 K.).
• The Chamber of Architects of the Union of Chambers of Turkish Engineers and Architects (TMMOB) has standing against zoning plans (Council of State, 6th Chamber, 2019/17552 E., 2022/8515 K.).
• A municipality has standing against zoning plan amendments concerning properties within its boundaries (Council of State, 6th Chamber, 2019/14828 E., 2022/8244 K.).
• The holder of a title allocation certificate has standing against plan amendments concerning the area to which the certificate relates (Council of State, 6th Chamber, 2016/12720 E., 2019/8828 K.).

Within what period must the action be filed?

Under Article 7 of the Administrative Procedure Law No. 2577, the period for an annulment action against zoning plan amendments is 60 days, starting from the day after the last day of the display period.

If an objection made during the display period is rejected in writing within the response period, the action must be filed within 60 days of notification of the rejection. If the objection is not answered within the response period, it is deemed implicitly rejected, and the 60-day filing period starts to run.

Whether or not an objection is made, it is important not to miss the 60-day filing period, since the right to sue directly exists and an objection may be rejected. Missing the deadline may lead to the case being dismissed as time-barred.

Anyone considering legal action against a zoning plan amendment should therefore follow these time limits closely and, if necessary, seek support from an experienced lawyer.

Türker Law Office provides legal representation and advice on the legal review of zoning plans and plan amendments, administrative objections against amendments, assessment of standing and time limits, and actions seeking the annulment and stay of execution of zoning plans.