An implementation tool proposal that can be used in assessment of property rights in urban planning process

Throughout the history, urban built environment has been changing and transforming. Due to these changes and reconstructing, urban economic development models and their political attitudes have been modified as well. This conversion in public political views has restrained not only urban planning system but also urban planning implementation tools along with these systems to be at the point of changed. Notably, after 80's, the real estate sector's role has increased in the development and transformation of the city, the purpose of the entrepreneurs in the area have planned to eliminate the rules, bureaucracy and to start using new scheme implementation tools for setting to use the new one for urban planning. Urban planning has gained a new identity which is questioned the effectiveness and efficiency and regulates the relationship the principle of public-private-civil society partnerships and cooperation between proprietary rights and urban planning system. The subject inquiry has brought forward the need for using new plan implementation tools defining user rights and principles of ownership based on law and economic systems. In this stage, transfer of development rights has also gained currency as a collaborative planning implementation tool that considers individual incentive factors and criteria in reconciliation environment in management of proprietary rights in urban development and transformation, reduces process costs after these factors and standards are approved by public and gives the opportunity for indirect use, transformation and transfer of proprietary rights. In the world where capitals are globalized, the transfer of urban planning implementation which is used by varied countries has been increased with inspiration, learning and adaptation and it has been proposed to use these planning implementation tools as an urban economic development agenda. In the case of main transfer of general acceptance of the plan implementation tools between countries, the underlying assumptions of the institutional environment, the individual, organizational and institutions designs in the micro level of countries has also been decisive. It is determined that each country's institutional environments may change over time in an institutional design that consisting of rules, organisations and institutions. Since 80's, by the increasing conversion and transformations of urban environment of Turkey; in our rapid urban development and transformation process has been required that the new plan implementation tools need to be developed and making the necessary arrangements in the legislative legislation taking into account the characteristics of the real estate sector which aimed at directing the relationship between planning and actual property. In this respect; various legal, administrative and academic work have also been done in due course. In this study, the actors who are involved in the development and transformation period of selection and decision-making process has analysed with planning practice, and it has aimed to develop more efficient and effective plan implementation tool that takes into account the political attitudes of the actors who are involved in the process. In the solution of problematical areas; in urban development and transformation process of Turkey, plan implementation tool of transfer of development rights defining user rights and methods fundamental to property in relation between planning and proprietary rights systems, controlling and coordinating role of real estate sector by directing and returning added values created by planning to public are used. In this study that consists of six sections, in the first section is prepared for identifying the problem, the basis of the be primed off the study has been determined, and aim, scope and method of the study are revealed. In this part of the thesis, by giving information about the cause, aim, scope and preparation of the study, it has been provided identifying the problem and determined the framework of the study. In the second part of the thesis, to ascertain the structure of the problem, with the course of the study, current theoretical foundations have been established. At this stage principally, based on the wide literature search at this stage, compiled corporate level information and evidence about the problem has examined how the real estate sector is handled in the development of the urban economy and urban development approach in parallel theoretical knowledge. The questions on how the relationship between planning system and the real estate sector is established and which plan implementation tools have been developed in urban development and transformation of the cities are answered in the third part of the study. Especially to reveal the performance of the countries some facts of planning implementation tools that to regulate the property rights in modern planning principles and to determine the principles that will coordinate and control the role of real estate sector in urban development. It has been investigated that efficient and effective ways to develop a proposal which will improve the performance of planning by controlling and coordinating the relationship between urban planning and real estate sector. In planning urban areas, it has been emphasized that the importance of transaction costs in determining the performance of planning implementation tools that regulating and controlling property rights. In a globalizing world with the increase of foreign capital movements, it has been determined that lack of coordination should be eliminated not only among countries' legal regulations but also between national legislative acts. In the fourth part of the study, it has been evaluated that the relationship between planning implementation tools which are applied in the planning process in Turkey and real estate sector depending on institutional framework which is set out in the previous chapters and it is determined the planning implementation tools that regulate the relationship between urban planning and real estate sector's problematic areas. In the process of urban development and transformation in Turkey, the relationship between the planning system and the real estate sector were questioned by institutionalism, effectiveness and efficiency. In this study, it has been examined, the laws and the institutions and organizations implementing these laws that are affecting the development and transformation process in urban areas. Problems had been identified that related to coordination between the current laws. In the fifth chapter, finding solutions for problematical areas of Turkey's urban development and planning procedures that are identified in the fourth part of the study which has been studied to improve the transfer of development rights, planning implementation tool's program and institutional design. In the course of the elaboration of the basic institutional design, evaluated with gist of the plan implementation tool transformation of property rights, theoretical information, world citie's main programs, institutions, organizations and rules; in the development and transformation processes of cities, the relationship between the planning system and the property rights system has been rearranged. In the course of the reorganization of this relationship, solutions have been developed to the problematic areas in which how to surplus values be returned to the public that created in urban areas and how to redefine the basic user rights and procedures of the user rights in urban areas. Within the framework of the study, the transfer of property rights planning implementation tool that are included in the current institutional environment of our country are addressed to the problems of transfer plan implementation tool by general acceptance; a solution was produced together with the institutional design, plan application program within a scheme. In the conclusion part of the study, the plan implementation tool and method suggestion proposed in the fifth part of the study were evaluated for the cities of Turkey, and tips were given for future works to be performed on this topic. The principle of progressing the studies defining the new role of ownership in the planning system and enabling economic analysis of law has been adopted.