Current legal regulations effects on real estate development processes

Real estate development is an integrated, dynamic and interactive process that occurs when many disciplines and experts are involved in the process. Real estate developers are the chief actor who is at the center of the process, who brings together all the stakeholders, starts from an empty terrain and consults all stages of the project up to the present. Real estate development regulations is the whole legal regime that regulates, promotes and restricts the development process. Legal process management should be seen as part of development for efficient and sustainable real estate development. This study consists of three main parts in which different research methods are used: In the first part; a conceptual framework is established for the study by conducting a literature search. Accordingly, real estate development is defined, the scope of real estate development regulations is determined and the reasons for the need for legal process management are explained, the factors affecting real estate development process and the importance of risk management are discussed. According to this part; whereas the concept of real estate development and its scope have been generally accepted in the literature, the scope of real estate development legislation has changed from country to country according to the ideological structures and cultures of the societies. In this context, the zoning legal system of Germany is examined in terms of real estate legislation and the interaction and public participation among different levels of administrations are seen to be achieved successfully. When the real estate is considered as an investment instrument, it has disadvantages as well as advantages and it should be evaluated by the investor together with all the risk factors. It is necessary to spread the risk management in the real estate development process for the correct process management. According to the risk analysis study conducted, it is revealed that there are risks that may affect the investment decision especially in the first phase of the development process. As a result, it is seen as a necessity for real estate developers to master the real estate legislation and to receive expert support for legal process management. In the second part; the current status of the real estate sector in Turkey and the way of doing business is set forth, the current regulations are examined in detail. In this scope; the perception of the real estate sector and the perspective of the real estate development processes are revealed. The current legal regulations affecting the real estate development processes are examined in detail by three categories according to their impact areas. As a result of this chapter, it is revealed that the real estate sector in our country is not well attended to the deficiencies and real estate development business professionally, and a guideline covering current legal regulations is being developed for real estate developers. It is seen that mega infrastructure projects and urban transformation will accelarate the growth of the sector, it contributes to economic growth by feeding nearly 250 sub-sectors, it is supported by the government and has entered a fast and versatile development process for the last 30 years. The main problems of the sector are; who dominate the sector are building contractors instead of the real estate developers, sectorial data are not correctly measured and the sector has not yet completed its institutionalization. From the point of view of real estate development regulation, it is seen that many legal arrangements such as the constitution, laws and many other regulations regulate matters related to the real estate and property-related regulations in our country are based on long-standing background. There are also regulations for as many exceptional cases as there are legal regulations regulating general issues. The regulations effect on real estate process are examined in three categories such as zoning and construction regulations, property-related regulations and tax regulations. The zoning ve construction regulations reveals the main features of the real estate project to be developed and define legal permission. The property-related regulations arranges title deeds and cadastral works and it is used to analyze the constraints and limitations of the property at the beginning of the development process. As a result of these studies, it is revealed that there are too many legal regulations in our country, that the regulations should be simplified in order to develop the sector healthy. The legal process management should be carried out during the real estate development process when considering the effects of these legal regulations on development process. In the third part; two different methods are used based on the context of conceptual investigation and current situation determination. As an initial method, an online questionnaire has been organized with the participation of professionals working in the real estate sector, and according to this survey, the faults and difficulties encountered in the real estate development processes in our country are revealed. As a second method, a pilot project has been considered in terms of all legal regulations affecting the process of real estate development. According to the questionnaire data; the real estate sector is very influenced by the economic and political risks in the country, there is difficulty in doing business with legal regulations and institutions, it is not attached importance to expertise and consultancy in the sector, there is no real estate development process in our country and it is determined that the target is to obtain income from the project as soon as possible by obtaining the license. When all this data is consoled, it is seen that the main problems experienced in the sector are lack of professional approach, profil-oriented rather than quality, lack of transparency in the sector and the root cause of all these problems is lack of institutionalization. When the real estate development process of the pilot project project is compared with the questionnaire data, whereas it is observed that there are parallels due to the general structure of the real estate sector, some risks and problems can be optimized with the professional view of the company. As a result of all these studies, it is revealed how real estate development work should be carried out, what is the effect of legal regulations in this process, what needs to be done to reduce and manage the mistakes and difficulties in the process. In conclusion, it is seen that the development process in our country can not be carried out professionally, our country has to record more stages in the field of development in order to make comparisons with the world examples, time pressure in the development process head off well planning and also there is lack of institutionalization and strategy in the sector. It is observed that legal regulations have an important place in the problems experienced by the sector and the legal processes have to be improved in terms of providing easiness of application in the sector. It is not possible that a proper real estate development process can progress independently of the legislation, and it turns out that the industry needs to improve itself in this regard. The root cause of the mistakes made in the sector and the difficulties that have been experienced is determined non-professional approach for real estate development process. In order for a healthy urbanization and sustainable development of the real estate sector, it is necessary to work with experts in the field, leaving enough time for the development process and accurately analyzing the market. In this direction, it is necessary to plan the whole process as far as preparing the architectural projects, taking the investment decision and passing the project over to the reality. At this point, real estate developer firms that do this job professionally have important duties.