Registration of Lands in Order to Issue Business Licenses to Service-Oriented Facilities in Parks and Green Areas

Abstract

It is not uncommon for areas designated as parks and green spaces to remain unregistered after the implementation of a zoning plan. The decision to exclude registration for such areas is neither erroneous nor a misinterpretation and it does not negate the intended designation of the area as a park or a green space. These areas are also outfitted with service facilities suitable to their functions and unique needs, which can be administered by either the private sector or municipalities. It is important to note that service-oriented facilities fall under the definition of a workplace in all conditions. Consequently, there is no exemption from acquiring an operating license for such businesses operating in urban green areas, regardless of the circumstances. In order to obtain a business and an operating license, it is necessary to provide information regarding the block/parcel of the real property where the business is situated. In cases where licenses are issued through the e-Municipality System, which is affiliated with the central administration, granting business licenses to establishments located in non-registered areas is not possible. More briefly, a business license is mandatory for establishments operating in parks and green areas, as permitted by the zoning legislation. However, the process of obtaining these licenses is posing significant challenges arising from absence of registration in such areas. Nevertheless, the Turkish Civil Code's legal framework recognizes real rights as being registrational. This recognition is further reflected in the recently revised Land and Plot Readjustment Regulations in 2020, which contains an explicit provision to this effect. This article delves into the registration requirement for buildings and businesses in compliance with the zoning plan in parks and green areas. It outlines an approach, models the method, and presents suggestions.