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İstanbul Metropolitan Municipality ("İMM") Council, with its Decision No. 414 dated 13 March 2025, decided to add a plan note to all development zoning plans across İstanbul, enabling the creation of "independent units" in attics, and further decided that district municipalities must make the necessary amendments to their implementation zoning plans accordingly ("İMM Decision").
Accordingly, on parcels where residential construction is permitted by zoning plans, it would be possible to build attic apartments that can be inhabited as residences and used as residences and have separate title deeds, provided that they remain within the limits of the top floor ceiling slab, including eaves, and the roof slope and meet the minimum structural units and dimensions specified in the relevant regulation.
The İMM Decision aimed to prevent illegal construction in attics and thus transform these spaces into living spaces with specific standards. This decision was also expected to provide a long-term solution to "loss of space" which is one of the resistance factors in urban regeneration processes.
Subsequently, a lawsuit for annulment was filed against the İMM Decision by the Chamber of Architects of the Union of Chambers of Turkish Engineers and Architects ("TMMOB"); arguing that the plan amendment in place led to the legitimization of illegal construction, increased population density, structural problems due to adding attic floors to existing buildings and problems related to property rights.
As a result of the lawsuit, the İstanbul 14th Administrative Court decided on 6 January 2026, to suspend the execution of the İMM Decision within the scope of file number 2025/1697 E. ("Stay of Execution Decision").
The grounds of the Stay of Execution Decision are summarized as follows:
- It is procedurally unlawful to proceed directly with a plan amendment without a plan explanation report prepared by obtaining opinions from the relevant institutions.
- A "wholesale approach" should not be adopted for generating plan notes for all scaled development plans across İstanbul without considering regional differences.
- Attempting to resolve general construction conditions, which should be determined by regulations, through plan note amendments or additions is not in accordance with planning and urbanism principles.
The Stay of Execution Decision is expected to create uncertainty, particularly in urban regeneration practices.
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