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Every legal matter requires careful assessment and clear communication.
Practice Areas
Common Questions
Frequently Asked Questions
Can a case outcome be guaranteed?
No. Outcomes depend on the facts, evidence and assessment of the competent authorities.
If the local council has imposed a fine, will criminal proceedings also be brought?
Not always.
Pursuant to Articles 32 and 42 of the Town Planning Act No. 3194, the local authority may:
issue a building suspension notice,
impose an administrative fine,
issue a demolition order.
It is possible.
Furthermore, if it is concluded that the act constitutes the offence set out in Article 184 of the Turkish Penal Code, the Public Prosecutor’s Office may also initiate a criminal investigation.
Consequently, the same incident may be subject to both administrative and criminal proceedings.
Pursuant to Articles 32 and 42 of the Town Planning Act No. 3194, the local authority may:
issue a building suspension notice,
impose an administrative fine,
issue a demolition order.
It is possible.
Furthermore, if it is concluded that the act constitutes the offence set out in Article 184 of the Turkish Penal Code, the Public Prosecutor’s Office may also initiate a criminal investigation.
Consequently, the same incident may be subject to both administrative and criminal proceedings.
Does enclosing a balcony constitute the offence of urban planning infringement?
Does enclosing a balcony constitute the offence of causing planning irregularities?
Not every instance of enclosing a balcony directly constitutes the offence of causing planning irregularities.
Article 184 of the Turkish Penal Code classifies the construction of a building without a building permit or in contravention of a permit as a criminal offence under certain conditions.
However, not every deviation from the plans gives rise to criminal liability. Some deviations may only be subject to administrative fines or demolition proceedings under the Urban Planning Act No. 3194.
Whether a structure gives rise to criminal liability is assessed on the basis of:
the nature of the structure,
the scope of the alteration made,
the degree of non-compliance with the planning permission,
the findings of the relevant authority,
expert reports.
For this reason, actions such as enclosing a balcony must be examined on a case-by-case basis.
Not every instance of enclosing a balcony directly constitutes the offence of causing planning irregularities.
Article 184 of the Turkish Penal Code classifies the construction of a building without a building permit or in contravention of a permit as a criminal offence under certain conditions.
However, not every deviation from the plans gives rise to criminal liability. Some deviations may only be subject to administrative fines or demolition proceedings under the Urban Planning Act No. 3194.
Whether a structure gives rise to criminal liability is assessed on the basis of:
the nature of the structure,
the scope of the alteration made,
the degree of non-compliance with the planning permission,
the findings of the relevant authority,
expert reports.
For this reason, actions such as enclosing a balcony must be examined on a case-by-case basis.
