Transfer of development rights and a model proposal for Türkiye

The concept of "transfer of development rights" as a new planning tool, which has been mentioned quite a lot in recent years in our country, also appears in the zoning plan notes of municipalities. Transfer of development Rights phrase is basically related to the securitization and sale of the development rights on the immovable property within the framework of certain rules and principles and is more of a financial instrument. Transfer of development rights, which has been practiced in many countries, especially in the U.S.A., offers solutions for the protection of agricultural lands, wildlife and natural resource lands, environmentally sensitive lands and historical sites, while also providing an alternative solution to the conventional zoning enforcement tools currently in use. In this study, after a detailed literature review, the legal nature of the concept is explained by associating it with the concept of right, its historical development is mentioned, the principles of implementation are emphasized, and examples from other countries are given. Subsequently, the introduction of the concept into the legal and planning system of our country in recent years and the reasons for its introduction are evaluated, the practices for its application as a planning tool are emphasized, and a generic model that can be used in solving the existing problems in the country's conditions is proposed. The proposed model has also been tested in terms of applicability with a case study. Since there is no example that has yet been implemented within the scope of TDR in our country, the current problems are mentioned by associating the subject with some previous academic studies. In addition, the findings and other implementation suggestions made on the subject are evaluated, and conclusions and recommendations are given in the context of the obstacles to the realization of the concept and the overcoming of these obstacles. For the field study, an area within the borders of Trabzon-Yomra district, which is desired to be evaluated within the scope of urban transformation, was subjected to application, and it was understood that the TDR tool, which is the subject of the thesis, can be used in the solution of existing zoning problems, primarily in the evacuation of disaster areas and urban transformation, but in terms of protection, it will take time to be put into practice due to existing deficiencies.. In the study, it was assessed that the area designated as the sending area is close to the center of the city, irregular and generally consists of old, uncompleted buildings, while the presence of high-rise and new buildings rising in the vicinity has a speculative effect on the values of the immovables and thus on the zoning values; this has the potential to complicate planning, socio-economic evaluation, determination and allocation of development rights (DR). On the other hand, the fact that all relevant institutions and organizations, especially the public sector, should take the initiative by eliminating the institutional capacity deficiencies necessary for the implementation of the concept, continue to increase information and training activities for stakeholders, identify potential problems by implementing pilot applications in different areas, and urgently complete other technical and administrative infrastructure works within the framework of the equitable rules inherent in the application. In the study, which also evaluates the obstacles to the implementation of the model, starting from the determination that one of the priorities is the missing legal infrastructure; a draft TDR regulation, which is being worked on by taking into account the basic features of the transfer of development rights, is also included in the study.