Prefabricated Structures Within the Scope of the Zoning Law No. 3194
A prefabricated house is a type of residence created by pre-manufacturing all or a significant part of the building elements in a factory environment, transporting them to the plot where they will be installed, and assembling them there. Prefabricated structures can be manufactured using steel, light steel, concrete, or composite materials, and can be designed as single-story or multi-story buildings.
Although a prefabricated house differs from traditional reinforced concrete structures in terms of its production technique, it does not have a separate legal status on its own. In Article 5 of the Zoning Law No. 3194, a structure is defined as all fixed or movable facilities built on land and in water, permanent or temporary, public or private, underground or above ground. Given this broad definition, prefabricated houses are also included in the concept of a structure, and the fact that they are built by assembling modules produced in a factory on land does not exclude them from the scope of zoning legislation. Although a prefabricated house differs from traditional structures only in terms of its construction technique, it is subject to the same legal status as traditional structures in terms of its legal nature.
For this reason, the real estate on which the prefabricated house will be installed must comply with the zoning plan in force, and as a rule, a building permit must be obtained. A building permit is an administrative permission granted by the administration as a result of a preliminary examination carried out in terms of planning principles, building safety, environmental order, and public interest. Regarding prefabricated structures built without a permit or in violation of the permit and its annexes, it is possible to seal and demolish the structure in accordance with Article 32 of the Zoning Law No. 3194, and to impose an administrative fine in accordance with Article 42. Therefore, the fact that the prefabricated structure is made of reinforced concrete, steel, or wooden materials does not prevent the application of these sanctions.
However, in practice, a misconception may arise that there is no obligation for a permit on the grounds that prefabricated houses are portable in nature. However, the criterion taken as a basis in legal evaluation is not the production technique of the structure, but its intended use on the land and its actual situation. Prefabricated structures that are fixed to the ground, whose infrastructure connections are made, and which are used for permanent residential purposes acquire the quality of a structure in terms of zoning law and become subject to the general permit regime. On the other hand, although there may be exceptional regulations in the relevant legislation regarding some temporary structures established for short-term use and not of a permanent nature, this situation should be evaluated according to the characteristics of the concrete case.
In the established decisions of the Council of State, it is also accepted that prefabricated structures have the quality of a "structure" within the meaning of the Zoning Law No. 3194 and that if they are built without a license, they can be subjected to administrative sanctions just like other structures. This approach is also in line with the principles of ensuring planned urbanization, protecting life and property safety, and ensuring the regular development of the environment, which are the main objectives of zoning law.
"In conclusion, prefabricated houses do not have a separate and exceptional legal status in terms of zoning law. Prefabricated structures intended for permanent use and placed on land are considered structures within the scope of the Zoning Law No. 3194; they are subject to the same legal regime as reinforced concrete structures in terms of building permits, compliance with zoning plans, building inspection, and administrative sanctions."
