Investigation of the evaluation-based applicability of the 18thstock of Zoning Law and recommendations

Article 18 of the Zoning Law No. 3194 is an indispensable application for the management of the city as a planning tool that enables the conversion of cadastral parcels with unfinished structure into a more economical usable structure, which provides great direction for the implementation of urban plans, transformation of plan decisions into action and the creation of urban spaces tool. The success of urban plans depends on the healthy execution of all stages from the determination of the goals and objectives of the planning to the implementation of the plans. Implementation of land development plans and land arrangement during the stage of land development, construction is intended to produce new parcels in accordance with the construction. Basic processing steps of land and land arrangement, merging of all the immovables in an arrangement region numerically in an arrangement mass according to their area, cutting the necessary areas for the public purposes from this mass of regulation in exchange for the increase in value resulting from regulation, the remaining areas which are defined as the distribution mass, the owners of the participation parcels are distributed. The most fundamental problem in the regulation of land and land in accordance with Article 18 of the Zoning Law No. 3194; different usage types, types and types of cadastral parcels of different positions and sizes, taking into account the same ratio of all the immovable properties that are regulated without considering their current positions, and the rate of increase in their values according to objective criteria; size of the criterion. There is no scientific basis for offering the same rate of deduction from immovables. Within the structure of land and land arrangement, different construction and density decisions produced in the plans are not taken into consideration and the basis for different gains obtained by the plans are formed. One of the most important problems in terms of land and land arrangements is related to the participation of the immovable owners in the implementation process. It serves. However, when the inadequacy of the method in terms of value injustice and the uncertainties in determining the regulation area are added to this structure which does not allow the participation of the parcel owners in the process, the process of land and land arrangement is open to serious abuses. In the practice based on the principle of the area, an equal proportional land cut from the parcels with the name of the Regulatory Partnership Share creates inequalities between the parcels as it causes the disproportionate increase or decrease of the parcel values before and after the implementation. Land and land arrangement to be made in accordance with Article 18 of the Zoning Law No. 3194, provision of justice among the parcel owners, prevention of land speculation, acquisition of infrastructure and infrastructure service areas, meeting financing of implementation, realization of the objectives of transfer of value increase by regulation to public purposes as it is insufficient, land and land arrangements need a valuation based method. In this study, in order to calculate the value of the real property, general and specific factors affecting the immovable value and their weights are determined.