Vested rights at Zoning Law

In this study, replaced by the concept of acquired rights in zoning law, which is adopted in the field of administrative law, was discussed. Vested rights are quite controversial because of absence of a precise definition. Determination of the components and the purpose of the concept have the ability to facilitate solving problems in practice. Vested rights in administrative law aim to protect the rights of individuals against the competent and powerful authority which can make unilateral operations. Therefore, the protection of vested rights is seen as an obligation that limits the administration. The purpose of vested rights in zoning law is protect individuals who started structure with duly permit, against subsequent changes and regulations. In zoning the administration is willing to take permits previously granted from individuals on the grounds that performed changes. Because of lacking clear regulations on vested rights, judicial organs have significant liabilities about providing a balance between administration procedures and the rights of individuals. Expectations from judicial organs are the conservation of the permit taken according to the previous regulations and to prevent the violations of structures which is built according to this permit. Due to not vii determined objectively elements for vested rights, loss of rights may occur in application. Because of such rights losses will undermine confidence in the law, the vested rights elements and objectives of our study were examined. By this evaluation is been included vested rights issue in administration law, judicial decisions and United States law which brings more objective criteria. In conclusion of evaluation, it has been determined that in zoning law, protection of vested rights is a necessity and without protection of vested rights would be contrary to the rule of law. If the vested rights does not protect, it will be sought that structures must be suitable for any changes. This situation will prevent regular urbanization and lead serious damage. Key Words: Vested Right, Zoning Law, Development Plans, Construction Permit