The effects of urban space planning on property right: The case of Malatya city

The development quest of humanity has gained momentum in cities. The development of cities has gained also momentum with the economic activities of people. The economic activities of the people, on the other hand, have been formed by the efforts of people to have the right to property, to meet their needs and to increase their possessions, and have progressed in parallel with the development of cities and improvements of property. Therefore, significant changes have occurred in the economic relations of people with the spatial planning in the cities. Spatial planning in cities has both positive and negative effects on the properties which the people own, in addition to creating living spaces for them. With spatial planning, while the values of some immovables increase astronomically, the values of some immovables may decline. This gain and loss is implicit, the amount cannot be determined and taxed. This situation paves the way for the emergence of many social problems, including injustice in income distribution. Urban planning, which appears to be a spatial activity, can have a determining effect on the functioning of economic, political, social and cultural life.The invisible nature of these effects often causes this injustice to be incomprehensible. This incomprehension mediates the reproduction of injustice in different areas in society. Especially the construction process of urban planning, the application and the events experienced after it significantly affect the property right. In this dissertation, it was tried to determine the overall impact on the property rights of urban space planning done in Turkey. Afterwards, the effect of spatial planning on the right to property was discussed through the decisions of the Turkish Constitutional Court and the European Court of Human Rights (ECHR). Then, the effect of spatial planning on property rights in Malatya city was tried to be determined with a survey. Keywords: City, Urban Space, Planning, Property, Property Right