Crime of Causing Zoning Pollution in Türkiye (TCK Article 184)

The crime of causing zoning pollution (İmar Kirliliğine Neden Olma Suçu) under Article 184 of the Turkish Penal Code (TCK) is an important offense under Türkiye’s environmental and urban law system. It targets individuals or companies that construct or permit construction in violation of zoning laws.

In this blog, we explain what the offense entails, legal consequences, case law examples, and how people can avoid criminal liability, especially through the “effective remorse” (etkin pişmanlık) mechanism.

What Is the Crime of Causing Zoning Pollution?

According to Article 184 of the Turkish Penal Code:

• Anyone who constructs or commissions the construction of a building without a construction license (ruhsat) or in violation of the license is punished with 1 to 5 years of imprisonment.

• Those who allow utilities (electricity, water, telephone) to be connected to illegal construction sites are punished under the same provision.

• Those who allow industrial activities in buildings without a usage permit (yapı kullanma izni) are punished with 2 to 5 years of imprisonment.

Importantly, except for the third clause, these crimes only apply within municipal boundaries or in areas subject to special zoning regimes (such as organized industrial zones).

Effective Remorse: A Way Out

If the person responsible brings the building into compliance with the zoning plan and construction license, no criminal case will be opened, or if opened, the case will be dismissed, and any existing conviction will be entirely erased with all legal consequences.

This special regulation under Article 184(5) is considered a form of effective remorse and aims to prioritize correcting the legal violation over punishment.

Where Does the Law Apply?

The law only applies within municipal borders or special zoning areas, not in all parts of Türkiye.

• Municipal borders include city and town jurisdictions.

• Special zoning regimes include organized industrial zones, free trade zones, technology development zones, tourism zones, coastal zones, and similar legally designated areas.

This distinction is crucial: if the building is in a non-municipal, non-special zone (e.g., a rural area without zoning designation), the offense under TCK 184 does not apply, although administrative sanctions under the Zoning Law (İmar Kanunu) can still be enforced.

Important Court Rulings (Yargıtay Precedents)

1️⃣ Municipal Boundaries Matter

In a 2018 Supreme Court (Yargıtay) ruling, it was emphasized that zoning pollution crimes cannot be applied to areas only within municipal adjacent areas (mücavir alan) unless these are subject to a special zoning regime.

2️⃣ Effective Remorse Is an Active Process

The Supreme Court has ruled that effective remorse requires active steps by the offender. Merely letting the administration demolish the illegal building does not qualify. However, if the person does not resist demolition and pays the demolition costs voluntarily, courts may recognize effective remorse.

3️⃣ HAGB (Postponement of Verdict) Does Not Apply

The postponement of verdict mechanism (hükmün açıklanmasının geri bırakılması, HAGB) under the Criminal Procedure Code does not apply to zoning pollution crimes because Article 184(5) already provides a more favorable legal outcome.

Administrative Process and Responsibilities

Under the Zoning Law (İmar Kanunu):

• Once illegal construction is detected, the site is sealed.

• The owner is given a short period (usually up to 30 days) to obtain a permit or bring the building into compliance.

• If no action is taken, the local authority can demolish the building at the owner’s expense.

The failure to act not only brings administrative consequences but also criminal liability under TCK 184.

Effective Remorse vs. Legal Sanctions

Effective remorse requires:

✅ Bringing the building into compliance
✅ Voluntary correction or compliance actions
✅ Payment of any demolition or compliance costs, if the administration has intervened

Without these actions, neither dismissal of the criminal case nor deletion of the sentence is possible.

Why Does This Matter?

The crime of causing zoning pollution is not just about unlicensed construction — it’s about protecting urban development, the environment, and public safety. With the increasing frequency of zoning violations in Türkiye, the law provides an incentive to correct unlawful acts rather than solely punishing them.

How We Can Help

At Bayraktar Attorneys, we assist clients who:

• Face criminal investigations or prosecutions under Article 184 TCK

• Need to regularize their building’s legal status

• Require representation in administrative or criminal proceedings

• Seek advice on zoning compliance for real estate or business projects

• Complain against your neighbor who violated the zoning plan

We offer full legal support, from assessing your case to negotiating with municipal authorities and representing you in court.