THE EFFECTS OF THE CANCELLATION AND MODIFICATION OF ZONING PLANS ON ACQUIRED RIGHTS

Zoning plans have been classified by the Council of State as regulatory acts in terms of their legal nature. In the ongoing case law of the high court, it has been accepted that zoning plans cannot give rise to acquired rights for the parties concerned due to their aforementioned nature. However, in the event of the cancellation or modification of zoning plans, how the transactions established based on the provisions of the said plans and the acquired rights obtained in line with these transactions will be affected is still a matter of ongoing debate and occupies an important place in the context of zoning law. Given this importance, the purpose of this study is to examine, within the framework of the Council of State’s case law, how the institution of acquired rights, which is not defined in the legislation in terms of zoning law, takes shape in the context of the modification and cancellation of zoning plans. In this regard, the boundaries and characteristics of the institution of acquired rights in the context of zoning law will be examined first. In this context, the role of obtaining a building permit and a building occupancy permit and commencing construction in terms of acquired rights will be discussed. Subsequently, the study will address how acquired rights are affected in the event of the cancellation or modification of zoning plans, the payment of the building value in demolition decisions, and the compensation of damages incurred by the bona fide building owner.