TRANSFER OF PROPERTY AND DEVELOPMENT RIGHTS IN IMMOVABLE PROPERTY ON WHICH CONSERVATION DEVELOPMENT PLAN HAS BEEN IMPLEMENTED
Aziz Cumhur KOCALAR
MIMAR SINAN FINE ARTS UNIVERSITY
INSTITUTE OF SCIENCE AND TECHNOLOGY
In order for Conservation of Registered Cultural and Natural Monuments in utilization of individual and corporate ownership, a Conservation Development Plan needs to implemented by limiting private and corporate property and development rights of certain development restricts, and by limiting the development rights of partially development restricts, and it should go hand in hand with a Basic Transfer Model developed through the help of legal counsel sound proposals in line with the legislation.
Basic Transfer Model: This research anticipates that 25-year-old unsolved problems on protection of Registered Immovable Cultural and Natural Monuments in Turkey can be addressed through implementation of Basic Transfer Model involving sequential and comprehensive application of Evaluation, Securitization and Transfer sub-models in a transition period of 5 years on average.
Evaluation sub-model: In consideration of all crude, material and physical factors in life brought by the touch of restricted rights for Immovable Cultural and Natural Monuments for protection purposes as well as sheltering, accommodation and housing rights, this model is based on the idea that such monuments are evaluated based on current value criteria and principles in order to provide compensation in full, timely manner and exact in compliance with preferences of rights’ owners and is an objective and egalitarian model of justice aiming to realize development-settlement creation in Areas To Be Transferred by paying respect to urban, environmental, human and living rights where involved parties accept mutual (items to be given) (items to be received) consent on immovables being evaluated via same principle, criteria and method (-/+ counterbalanced). Since all exchange actions for immovables to take place between public and private owners benefit from results based on same principle, criteria and methods; it can also be applied to expropriation, alteration, barter transactions.
Securitization sub-model:In order to take actions for compensations (-/+ to co.balance) determined based on evaluation sub-model and according to Law on Protection of Cultural and Natural Heritage in force since 1983, this model foresees all restricted rights first to be transferred in 3-year valid Registered Temporary Certificate and then 1 year valid Certificate To Bearer to provide protection for all monuments in the country.
Transfer sub-model: In order to transfer restricted rights of Immovable Cultural and Natural Monuments for protection purposes into Areas to be Transferred, this is the final sub-model of Basic Transfer Model which is the main process consisting of all applied principles and methodology during the finalization of transfer starting from when Transfer Incorporated Entity is established to enable the transfer with equal authority where all public and private owners’ immovable assets as capital; until delivery of such areas together with title deeds and liquidation of Transfer Incorporated Entity including provisioning, choosing the contractor, preparation of projects, contracting, starting after receipt of areas, development and construction, their temporary approval, fulfilling missing issues, receiving certificate of occupancy and mutual-simultaneous transfer to individual ownership together with Areas of Transfer being in according with to all requirements, demands and zoning status of Areas to be Transferred.
Science Code : Architecture, Urban and Regional Planning (ARCH, CRP, URP)
Key Words :
Urban Planning, Urban Conservation, Urban Renewal, Urban Design, Urban Regeneration, Urban Revitalization, Urban Economics, Urban Rehabilitation, Transfer of Property and Development Rights, Building Rights, City and Regional Planning, City Planning, Regional Planning, Conservation Development Plan, Restricted rights, Protection of Registered Immovable Cultural and Natural Monuments, Law on Protection of Cultural and Natural Heritage, Areas to be Transferred, Areas to Transfer, Cultural Heritage, Urbanism, Urbanization, Preservation, Protection, Conservation, Historic Environments, Historical Towns, Integrated Conservation, Heritage Management, Cultural Tourism, Purchasing, Transferring, Zoning, Property, Contractor, Project, Environment, Regeneration, Conservation Studies, Historical Structures, Historical Buildings, Conservation Area, Planning Policy, Urban Management, Historic Environment, Certain development restricts, Partially development restricts, Limiting the development rights, Public and private owners’ immovable assets, Human and living rights, Housing rights, Transfer Incorporated Entity, Certificate To Bearer, Registered Temporary Certificate, Basic Transfer Model, Evaluation sub-model, Securitization sub-model, Transfer sub-model, Sub-models, Conservation of Historic and Cultural Resources, Preservation Historical Structures and Buildings, Historic Traditional Settlement, Laws, Regulation, -/+ counterbalanced
Transfer of Property and Development Rights
City and Regional Planning
Conservation Development Plan
Protection of Registered Immovable Cultural and Natural Monuments
Law on Protection of Cultural and Natural Heritage
Areas to be Transferred
Areas to Transfer
Certain development restricts
Partially development restricts
Limiting the development rights
Public and private owners’ immovable assets
Human and living rights
Transfer Incorporated Entity
Certificate To Bearer
Registered Temporary Certificate
Basic Transfer Model
Conservation of Historic and Cultural Resources
Preservation Historical Structures and Buildings
Historic Traditional Settlement