The 90 Percent Value Increase Share in Zoning Plan Amendments; Incentive or Lock?

We are witnessing a historic turning point in Türkiye’s urbanisation story. With the Regulation of 22 November 2025, the transfer to the public of value increases arising from zoning plan amendments has ceased to be an aspiration; it has become a harsh financial obligation at 90 percent.

The 100 percent rate, previously annulled by the Constitutional Court as a “disproportionate interference with the right to property”, now appears as 90 percent in the new rules. Is a 10 percent reduction enough to protect the right to property? I believe this rate still hovers at the border of “confiscation through taxation” and strains the principle of ability to pay.

A building permit cannot be obtained unless the share is paid in full, or paid in instalments and secured. For the investor this means the project ends before it begins. Perhaps the only “carrot” in the rules is the special solution for land that has waited for years as public facility area without being expropriated; a change of function (except residential) is now possible without an equivalent area requirement. But the price is heavy; 90 percent of the value increase will be paid to the public.

In the new era, requesting a zoning plan amendment is not merely an architectural decision but a very serious question of financial feasibility. When taking an investment decision it is essential to factor in not only the construction cost but also this enormous liability. In your view, does a 90 percent rate encourage urban transformation or lock the system?