Within the scope of the Zoning Law No. 3194, municipalities or governorates may issue a building suspension report to seal unlicensed or non-compliant structures and ultimately make a demolition decision. Various articles of the Zoning Law clearly specify the circumstances under which structures may be demolished. For example, according to Article 23 of the Law, if a structure's wastewater is not connected to the sewer system, a demolition decision may be issued for the relevant structure. Similarly, pursuant to Article 33, temporary structures located in areas designated for public services may be demolished under certain conditions. Article 39 of the Law provides for the demolition of structures that pose a threat to public safety and order.

In particular, Article 32 of the Zoning Law regulates the identification of unlicensed or non-compliant structures and the sanctions to be applied against them. This publication will discuss in detail the legal remedies available against building suspension reports issued by municipalities or governorates under Article 32 of the Zoning Law and the demolition decisions based on these reports.

1. Building Suspension Report

Pursuant to Article 32 of the Zoning Law, upon the identification of structures built without a license or in violation of the license and its annexes, the relevant authorities issue a building suspension report. The building suspension report is an official document prepared to halt construction activities and initiate legal proceedings. When a structure is found to be built without a license or in violation of the license, the municipality or governorate seals the structure and halts construction activities. The building suspension report marks the beginning of this process and is significant for both demolition decisions and administrative fines.

Upon the issuance of the building suspension report, the property owner is given a certain period. Within this period, the property owner must either bring the structure into compliance with the license or obtain a license. Otherwise, a demolition decision may be issued, and administrative fines may be imposed.

2. Mandatory Elements of the Building Suspension Report

For a building suspension report to be prepared, the zoning violation must be identified in a concrete, detailed, and clear manner. Additionally, according to the Council of State, certain key elements must be included. It must be handwritten that a copy of the report has been posted on the structure and another copy has been left with the mukhtar (village head). A photograph of the posted report must be taken, and a copy of the report must be sent to the Provincial Directorate of Environment and Urbanization.

The report must state that a period has been granted and that the violation must be rectified within this period; otherwise, a demolition decision will be issued. The violation in the structure must also be photographed in detail. It is also important to clearly identify the property owner. The report must be prepared by technical personnel. Additionally, the report must indicate whether construction activities have been completed and whether the structure is in use. The fact that a structure is unlicensed does not necessarily mean that it causes environmental or visual pollution; if such a situation exists, it must be justified and documented with photographs.

Similarly, if the structure poses a threat to life and property safety, this must also be justified and supported by a technical report. After the building suspension report is posted, an objection must be filed with the municipality or a lawsuit for annulment must be filed within 60 days from the date of notification. If the objection to the municipality is rejected or no response is received, a lawsuit must be filed. If the application period expires, the report is considered irrevocably valid. If the building suspension report lacks the mandatory elements required by the legislation, it may be annulled. In such cases, the property owner may avoid both demolition and fines through a lawsuit.

The Council of State has issued various decisions regarding the elements that must be included in the building suspension report. For example, in its decision dated 07.10.2020 (E:2019/6602, K:2020/8969), the 6th Chamber of the Council of State stated that the violations in the building suspension report must be specified in a concrete and detailed manner, including measurements.

3. Must the Building Suspension Report Contain the Same Elements for Demolition and Zoning Fines?

The building suspension report serves as the basis for both demolition decisions and administrative fines. However, these two sanctions have different legal natures. A demolition decision is a measure aimed at removing an unlicensed or non-compliant structure and is based on the legal status of the structure. An administrative fine is a financial sanction imposed on the property owner due to the violation of relevant legislation. Therefore, it is crucial that the building suspension report includes all necessary elements for both demolition and fines in a complete and detailed manner.

4. Notification of the Building Suspension Report

The building suspension report must be duly notified to the relevant parties. If the notification is not made in accordance with the procedure, the time limits do not start, and no action can be taken against the property owner. The report is posted on the structure, and this is recorded. The report is deemed to have been notified to the property owner on the date it is posted on the structure. Therefore, in lawsuits against the report, the notification date is considered the date the report was posted on the structure. Additionally, a copy is left with the mukhtar, and another copy is sent to the Provincial Directorate of Environment and Urbanization.

5. Legal Basis for Building Suspension Reports and Demolition Decisions

Building suspension reports and demolition decisions are based on Article 32 of the Zoning Law No. 3194. If an action is taken in violation of the relevant legislation, an annulment lawsuit may be filed in administrative courts, and the suspension of the execution of the decision may be requested.

Article 32 of the Zoning Law is as follows: "In accordance with the provisions of this Law; if it is determined by the relevant administration, the technical supervisor, or through any other means that construction has commenced without a permit or that a structure has been built in violation of the permit and its annexes, or in violation of the projects and relevant legislation for structures that may be built without a permit, the municipality or governorate shall determine the current status of the construction. The structure shall be sealed, and construction shall be immediately halted. Information regarding the structure's non-compliance with zoning legislation shall be notified in writing to the land registry office by the relevant administration within seven days at the latest, to be recorded in the declarations section of the land registry records. The record in the declarations section cannot be removed without the relevant administration notifying the land registry office that the violation has been rectified.

The suspension is deemed to have been notified to the property owner upon the posting of the building suspension report at the construction site. One copy of this notification shall be left with the mukhtar (village head), and another copy shall be sent to the Provincial Directorate of Environment and Urbanization.

Within a maximum of one month from this date, the property owner shall request the removal of the seal by bringing the structure into compliance with the permit or obtaining a permit from the municipality or governorate.

In the case of a structure that violates the permit, if it is determined upon inspection that the violation has been rectified or a permit has been obtained and the structure complies with the permit, the seal shall be removed by the municipality or governorate, and permission shall be granted for the continuation of construction.

Otherwise, the permit shall be revoked, and the building constructed in violation of the permit or without a permit shall be demolished by the municipality or governorate following the decision of the municipal council or provincial administrative board, and the costs shall be collected from the property owner. If, within one month from the date the building suspension report was issued, the property owner fails to bring the structure into compliance with the permit or obtain a permit, and if no demolition decision is made within two months despite the relevant administration's determination, or if the structure is not demolished by the relevant administration within six months despite a demolition decision having been issued, the structure may be demolished or ordered to be demolished by the Ministry, with the demolition costs covered by the revolving fund revenues. The demolition costs shall be collected from the relevant administration with a 100% surcharge. If the costs cannot be collected in this manner, they shall be deducted from the shares transferred to the relevant administration under Law No. 5779. The collected amounts shall be recorded as revenue in the Ministry's revolving fund account.

For structures determined by the administration to be incapable of being brought into compliance with the permit or to have violations that cannot be rectified, the permit shall be revoked without waiting for the one-month period specified in the third paragraph, and the provisions of the fifth paragraph shall apply to the non-compliant constructions."

6. Process of Preparing the Building Suspension Report

The Building Suspension Report is a document prepared upon the determination that a structure has been constructed without a permit or in violation of the permit. This report initiates the process of halting construction and sealing the structure. For the building suspension report to be prepared, it is first necessary to determine that the structure is unlicensed or non-compliant with the permit. This determination may be made upon a complaint or as a result of an inspection. The determination that a structure is unlicensed or non-compliant with the permit is usually made following inspections conducted by the municipality or governorate. During the inspection, the compliance of the structure with the permit and its annexes, as well as the project and relevant legislation, is checked. If the structure is found to be unlicensed or non-compliant with the permit, a decision is made to halt construction and seal the structure.

The building suspension report is prepared for structures under construction. This report officially documents that the structure has been halted and sealed. The building suspension report is posted on the door or a suitable place on the structure and is deemed to have been notified to the property owner. The property owner may object to this report or request the removal of the seal within 30 days by bringing the structure into compliance with the permit or obtaining a permit. The municipality or governorate may grant the property owner a maximum of 30 days to bring the structure into compliance with the permit or obtain a permit. This period may be less than 30 days. If the administration determines that the violation cannot be rectified within the granted period, it may issue a demolition decision directly. However, in cases where the violation can be rectified within the granted period, issuing a demolition decision without granting a period is unlawful.

After the building suspension report is prepared, if the property owner does not obtain a permit or rectify the violation within the granted period, a demolition decision is issued for the structure. The demolition decision is made by the municipal council in areas under municipal jurisdiction and by the provincial administrative board in areas under governorate jurisdiction.

Once the demolition decision is issued, the demolition process is carried out by the relevant administration. The demolition costs are collected from the property owner. If the municipality or governorate cannot carry out the demolition in a timely manner, the structure may be demolished or ordered to be demolished by the Ministry of Environment and Urbanization.

7. Objection and Annulment Lawsuit Against the Building Suspension Report

When the building suspension report is posted on the structure, it is deemed to have been notified to the property owner. The property owner may object to the report under Article 11 of the Administrative Procedure Law. However, in practice, municipalities or governorates generally reject such objections as they await the rectification of the violation within the 30-day period. The Council of State has accepted that a lawsuit may be filed against the building suspension report. Therefore, even if no demolition decision has been issued, it is possible to file a lawsuit against the report. An annulment lawsuit may be filed within 60 days of the notification.

8. Objection and Annulment Lawsuit Against Demolition Decisions

An objection may also be filed against demolition decisions under Article 11 of the Administrative Procedure Law. However, this route is not recommended because the administration may start the demolition process upon receiving the objection petition. Therefore, it is safer to file a lawsuit in the administrative court without delay. The lawsuit must be filed within 60 days of the notification. In a lawsuit against the demolition decision, if a request for suspension of execution is included, the court may issue a suspension order until the administration's defense is received. Since irreparable damage may occur after demolition, the request for suspension of execution is crucial..

9. Suspension of the Demolition Decision

A demolition decision is a significant administrative action that restricts property rights, making it important to pursue legal remedies against such decisions. The suspension of the demolition decision may be achieved through administrative litigation. In this process, a request for suspension of execution must be included in the annulment lawsuit filed against the demolition decision. The request for suspension of execution is regulated under Article 27 of the Administrative Procedure Law.

10. Conclusion

The issuance of the building suspension report, the making of demolition decisions, and the legal remedies against these decisions are important aspects of zoning law. In this process, it is crucial for property owners to pursue legal remedies to protect their rights. In lawsuits against the building suspension report and demolition decisions, the inclusion of a request for suspension of execution plays a critical role in halting the demolition process. Therefore, seeking legal advice and managing the process correctly is of great importance in resolving issues in zoning law.