The regulation entered into force after being published in today's Official Gazette. According to the statement from the Ministry, the amendments reorganized the principles regarding elevator requirements, floor area ratio calculations, re-permitting, and renovation practices in existing buildings. The new regulation clarifies the determination of the number of floors for elevator requirements.
Accordingly, basements containing independent units, annexes, or common areas will be included in the floor count, while basements consisting solely of technical spaces such as heating centers, boiler rooms, electrical rooms, generator rooms, water tanks, and air conditioning centers will not be counted. Projects that have reached a certain stage before the regulation may benefit from previous provisions.
SCOPE OF EXCLUDED FLOOR AREA RATIO AREAS CLARIFIED With the amendment, some provisions previously implemented through circulars have been incorporated into the regulation to ensure uniformity in floor area ratio calculations.
Pergolas and ornamental pools that do not form independent units, along with uses listed in the relevant article of the Regulation, up to 20% of the garden area are considered excluded from the floor area ratio, while entrance canopies, certain roof areas, and specific common use areas are also excluded from the floor area ratio calculation.
Similarly, previously applied by circular, regardless of having one or multiple independent units, in buildings classified as public buildings, children's play and care areas that are non-commercial and open to common use, prayer rooms and their annexes, parking lots, and terrace roofs on the top floor that are not subject to any use, will be considered as common areas in the floor area ratio calculation.
PRINCIPLES FOR RE-PERMITTING CLARIFIED The process for re-permitting has also been regulated in detail.
While the requirement to obtain a new permit according to current legislation is maintained for buildings whose permits have become invalid, for buildings whose construction has started within 2 years from the permit date, current legislation provisions on critical issues such as fire, earthquake, heat and water insulation, and environmental and energy efficiency will apply. For other matters, the legislation in force at the time of the building's initial permit will be taken as basis.
For buildings whose construction has not started within 2 years, the provisions of the current plan and legislation will apply entirely when re-permitting. For existing detached houses with a single independent unit, built in accordance with legislation, not exceeding three floors excluding the basement, the installation of an elevator or a disability lift compliant with accessibility standards inside the building has been facilitated, provided that certain technical conditions are met.
RENOVATION PROCESS IN EXISTING BUILDINGS CLARIFIED Uniformity in renovations of existing buildings has also been ensured. For buildings that received a building occupancy permit after being licensed before July 3, 2017, renovation procedures can be finalized according to the regulation provisions in effect at the initial permit date, provided certain conditions are met.
However, compliance with current regulations on fire, earthquake, energy efficiency, and heat and water insulation will be mandatory. Provisions previously implemented through circulars regarding TAKS (floor area ratio) and KAKS (floor area ratio) calculations have also been included in the regulation, strengthening their binding force. Accordingly, in detached or block order areas where the TAKS value is not specified in the implementation zoning plan, TAKS cannot exceed 40%.
For plots without a KAKS value, TAKS can be applied at a maximum of 60%, provided it remains within the floor area ratio limit calculated based on building setback distances. On the other hand, the definition of ornamental pools has been clearly made in the regulation for the first time. Thus, it is aimed to prevent confusion between swimming pools and ornamental pools and to ensure uniformity in practice across the country.