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What Is the Crime of Causing Zoning Pollution Under Article 184 of the Turkish Penal Code?

What Is the Crime of Causing Zoning Pollution Under Article 184 of the Turkish Penal Code?

As Uzunpınar & Tüfek International Law Office, we provide comprehensive legal consultancy and representation services in disputes arising at the intersection of criminal law and zoning and urban planning regulations. The offense of causing zoning pollution (violation of zoning regulations), which is frequently encountered in practice, may lead to serious criminal consequences for property owners, developers, contractors, and other parties involved in construction activities carried out without a permit or in violation of the approved building permit. Determining whether the offense has been committed requires a careful assessment of several factors, including the legal definition of a building, the status of construction and occupancy permits, the zoning characteristics of the relevant area, the applicability of effective remorse provisions, and the case law established by the Court of Cassation (Yargıtay). In this article, we examine in detail the elements of the offense regulated under Article 184 of the Turkish Penal Code, the concepts of perpetrator and victim, the scope of the offense, applicable sanctions, effective remorse provisions, and the circumstances under which th..

What Is a Penalty Clause in Construction Contracts? Delay, Disputes, and Legal Remedies

What Is a Penalty Clause in Construction Contracts? Delay, Disputes, and Legal Remedies

Ceza maddesi, taraflardan birinin sözleşmede belirtilen yükümlülüklerini yerine getirmemesi durumunda ödemeyi kabul ettiği önceden belirlenmiş bir tazminat miktarıdır. İnşaat sözleşmelerinde genellikle işin zamanında teslim edilmemesi veya inşaatın sözleşmesi şartlarına aykırı olarak yapılma durumlarında uygulanır...

Action for the Annulment of a Demolition Decision

Action for the Annulment of a Demolition Decision

Actions for the annulment of a demolition decision are among the important types of lawsuits aimed at reviewing the lawfulness of administrative acts established by the administration and that directly affect the right of property. Decisions regarding the demolition of a structure are often based on technical reports and administrative assessments, and therefore this process must be carefully examined in terms of both procedure and substance. For this reason, actions for the annulment of a demolition decision stand out as an effective legal remedy against administrative acts that may give rise to irreparable consequences...

Action for the Annulment of a Risky Building Determination

Action for the Annulment of a Risky Building Determination

Actions for the annulment of a risky building determination concern the submission of the legality of technical determination procedures—one of the most critical stages of the urban transformation process—to judicial review. Reports regarding whether a structure is genuinely risky must be meticulously evaluated in terms of both technical data and procedural criteria. For this reason, actions for the annulment of a risky building determination are among the legal processes that require particular care and expertise, as they produce results that directly affect the right to property...

Eviction Lawsuit Due to Need

Eviction Lawsuit Due to Need

Eviction lawsuits due to need are among the important areas of dispute that require the real and sincere need of the landlord for the immovable property to be evaluated within a legal framework. If the need for housing or a workplace is not presented in accordance with procedural requirements, the process may both be prolonged and lead to loss of rights. For this reason, eviction lawsuits due to need require a careful legal approach in which statutory conditions are meticulously addressed and evidence and legal grounds are constructed accurately...

Constitutional Court’s Pilot Judgment on Additional Damages and Inflation Loss (2025)

Constitutional Court’s Pilot Judgment on Additional Damages and Inflation Loss (2025)

The pilot decision rendered by the Constitutional Court in 2025 regarding additional damages and inflation loss constitutes an important turning point in terms of protecting the real value of receivables. In an environment of high inflation, the effects of being limited solely to statutory interest on the right to property have been reassessed at the constitutional level through this decision. The said pilot decision sets forth a guiding framework both for judicial practice and for possible legislative amendments that may be made in the future...