A study on the relationship between the increase in the value of real estate as a result of zoning planning and implementation and the free dop deduction

Regulatory partnership share deduction, which is made with the aim of providing zoning parcels needed for the planned and licensed construction of cities and bringing the reinforcement areas in the plan to the city and the public, has been used for many years in countries with developed living standards. In Turkey, this practice dates back to a period of approximately 150 years. However, it has been applied more intensively for planned urbanization in the last half century, when urbanization has occurred rapidly in Türkiye. This study is based on the legal evaluation of the deduction of free of charge arrangement partnership share (DOP) made within the scope of land and land arrangement, which is the implementation process of the zoning plan, and the examination of the relationship between the increase in the value of the immovable property as a result of zoning planning and implementation and the free of charge DOP deduction. An arrangement area was determined as a study area in Istiklal Neighborhood of Karatay District of Konya Province. Co-proportional area based zoning plan application was made covering the immovables within the boundaries of the regulation area. In the study, 1/1000 scale zoning plan maps, property maps, land use status maps and parceling plans were used. Information and data obtained from relevant institutions were used in the analysis and interpretation phase. In the calculation of the market values of the immovables, since this area is in the location of Konya City Hospital, it is valuable in terms of residential and sub-residential commercial, since it is the preferred area of construction companies, the evaluation was made based on the construction area in the zoning (building) parcels with main artery frontage and the current market purchase and sale prices were calculated. As a result of the implementation, after the arrangement made with the area-based co-proportional distribution model on cadastral parcels, there was an increase in immovable values compared to before the arrangement, despite the amount of DOP deducted. Although the increase in value is different in many immovable properties, it is accepted that the amount deducted and stated as regulation partnership share (DOP) is the equivalent of the increase in value of immovable properties due to zoning plan implementation. In the current practice in Turkey, DOP is deducted equally from all parcels without taking into account the appreciation rates of immovable properties. The fact that the zoning parcel allocated to immovable owners is not based on value but on the basis of area, and the difference in value due to differences in the location, form and construction rights of the allocated zoning parcels undermines the principles of social justice among the owners in the regulation area.