Use of construction site distribution and development rights transfer in land and land regulation applications

The most recommended and widespread practice carried out by local governments within the scope of planned urbanism is Land and Land Arrangement (AAD). Parcels that are not suitable for construction are transformed into suitable zoning parcels by making subdivision plans in accordance with the provisions of the Zoning Law No. 3194, the Regulation on Land and Land Regulations and the Zoning Regulations for Those Who Receive Plans, subject to the approval of the owners. In parceling applications, a maximum deduction of E is made as the Regulation Partnership Share (DOP), and it is accepted that this deduction amount corresponds to an equal amount of value increase in each parcel. However, the value change of each parcel is not the same after the application. In the implementation zoning plans, various constructions occur in the regulation area and precedent differences emerge. Due to precedent differences, disputes arise between rights holders, damaging trust in local governments. For unfair value exchange, value-based distribution model is recommended by experts. However, it is very difficult to implement value distribution in our country due to the lack of legal infrastructure and problems regarding which valuation method to use. Within the scope of this thesis study, the construction area distribution model, which is an important component of value distribution, is proposed. Registered subdivision practices in Erzurum province, Pasinler district, Kurtuluş District and Giresun province, Bulancak district, Güzelyalı District were taken as a sample practice. By showing the value changes of the parcels, the construction area distribution model was applied and construction area equality was achieved. It was proposed to convert construction area differences into securities as Development Rights Transfer (IHA) Certificate, which is a new concept for our country, thus easing the financial burden on local governments. A survey was conducted to determine how the new method would be received by institutions and investors, and the results were evaluated graphically.