Türkiye'de Harita-kadastro Çalışmaları İle Mülkiyet Yapısının Şehir Planlama İle İlişkisi

Abstract

Şehir planlama çalışmalarının en önemli girdilerinden olan toprağa ve onun üzerindeki her türlü yapıya ve mülkiyet hakkına ilişkin bilgiler harita ve kadastro çalışmaları ile tespit edilmektedir. Bu bilgilerin doğru ve eksiksiz olması sağlıklı bir plan yapımı ve uygulaması için son derece önemlidir. Çalışmada bu düşünceden yola çıkılarak; ülkemizdeki harita ve kadastro faaliyetlerinin ve mülkiyet yapısının planlamaya etkilerinin araştırılması ve olumsuz etkilerin giderilmesi için öneriler geliştirilmesi, planlama süreci boyunca birbirini bütünleyen çalışmalar yürütmekte olan şehir plancısı ile harita ve kadastro mühendisinin işbirliğinin gerekliliğinin vurgulanması amaçlanmıştır. Bu amaca yönelik olarak, yazılı kaynaklar ve yasal düzenlemeler incelenmiş ve planlama faaliyetiyle aktif olarak uğraşan şehir plancıları ve harita mühendisleri ile bir anket çalışması yapılmıştır. Bir yerleşmenin planının yapılabilmesi için; öncelikle kadastrosunun tamamlanmış olması ve yerleşmenin gözle görülebilen ve görülemeyen tüm doğal ve yapay tesislerini, mülkiyet bilgilerini güncel olarak gösteren topoğrafık ve kadastral nitelikteki halihazır haritasının hazırlanmış olması gereklidir. Bu çalışmaların yapılabilmesi için plancı-harita mühendisi planlama sürecinin her aşamasında işbirliği içinde olmalı, harita mühendisi planlama ekibi içinde yer almalıdır. Kadastro yapımı ile belirlenen kamuya ait arazilerin verimli olarak kullanılabilmesi ve planlamaya kolaylık sağlanması amacıyla; maliye, yerel yönetimler ve vakıflara ait araziler olmak üzere türleri belirlenmeli ve envanteri çıkarılmalıdır, özel mülkiyete konu olan araziler de müstakil ve hisseli olmak üzere sınıflandırılmalıdır. Planlamayı olumsuz yönde etkileyen parsel şekilleri, kadastro yapımı sırasında aynen tescil edilmek yerine ön düzenlemeye tabi tutulmalı ve sınırlar düzeltilerek haritalara işlenmelidir. Planların hazırlanmasında mevcut kadastral sınırlar göz önüne alınarak imar parsellerinin nasıl oluşacağı düşünülmeli, imar planı ile parselasyon planı eş zamanlı olarak yapılmalıdır. İmar parselasyon planı yapılmadan kesinlikle uygulama yapılmamalı, 18. Madde uygulaması yaygınlaştırılmalıdır.

The urban planning process mainly consists of three stages. The first stage is the "pre-planning" studies coverfng the cadastral works required for making the plan, and preparing the maps. The second stage is the making out the plan, and the third one is that at which the plan is implemented. In this study, it has been aimed to develop recommendations in order to research for the surveying activities in our country and the impacts of the ownership structures over the urban planning, and to eliminate the adverse effects therein, with consideration that the information related to the land, being one of the major inputs of the urban planning activities, and to any kinds of structures and ownership rights established thereupon should be known completely and accurately and evaluated in the planning studies. Furthermore, it is another purpose of this study that during the planning process, necessity for the CO-operation of the urban planner and the mapping and surveying engineer should be emphasized and that what kind of a co-operation should be carried out for a proper and applicable planning. In the first section of the study, the purpose of the thesis, the reason for the selecting such a topic, the procedure followed in the study is explained and then in the second section the terms and expressions used commonly in the mapping, surveying and planning works are defined. In the third section, the surveying works being currently carried out in Turkey are comprehensively outlined. The review is presented about the purpose, types of the surveying, the institutions conducting surveying works, the development process of the surveying policies, and the surveying process within its current legal framework. In the legal regulations made in respect with the surveying works carried out up to now, the purpose of the surveying has been deemed as the determination of the geometrical boundaries of the real estate, and of their owners. ix The fundamental data necessary for the performance of numerous public services through surveying works is being determined. Many of the subjects of the urban planning also need the surveying data. These include:. The making and implementing the zoning and construction plans, the arrangement of the mass housing and shanty areas, and good execution of the land arrangements,. The determination and planning of the existing technical infrastructure facilities in the urban areas,. The arrangement of coastal utilization, the protection and utilization of the areas such as forests and pastures,... Environmental arrangement, tourism planning, Land and agricultural reform applications, land arrangement, Accurate estimation and evaluation of the soil-dependent resources, the protection and prevention of the land speculations at urban and rural areas. Since the purposes of the land surveying have been differentiated in relation to the needs of the society in various periods in the past, the different types thereof have emerged. The land surveying today has directed toward the preparation of the basic data for any kinds of arrangements to be carried out in the world in parallel to the changes in the needs of the society. In the modern applications of the land surveying, it has been aimed to provide the data to be base for the purpose of the safeguarding and controlling the private and public real estate, the protection and optimal use of the country's natural resources, and the establishment of the detailed land information. The land surveying applied in our country contains the urban, land, forest and technical infrastructure surveying. The organizations related to the land surveying services have been classified as follows: The lands surveying at urban and rural areas are conducted by the Land Registry and Surveying General Directorate, and at forestry areas by the Forestry General Directorate. The institutions related to the map making are as follows: the existing maps in such residential areas where their maps are not available can be caused to be made by the municipalities and governorships or the Bank of Provinces. The development- and defence-related maps of the country are prepared by the Map General Commander's Office. The other institutions may also produce maps specific to their own activities. In another sub-section of the third section, the development processes of the cadastral policies in Turkey have been reviewed since the Ottoman era. The first cadastral works during the Republican period has been launched under the Law No. 747 in 1924. Certain additions and alterations have been made to the scope of the land surveying through numerous legal regulations made until today. The Land Surveying Code 3402, currently in force, has been passed in 1 987. Under this code, the land surveying works are conducted at rural and urban areas. Certain principals should be considered in the land surveying. These principals, generally regulated by the Civil Code may be summarized as follows: The establishment of the ownership right on the real estate determined through land surveying is subject to its registration into the land registry. The land registry is freely accessible for any one concerned. It is the State's responsibility to protect the real estate so registered at the deed title office. The data entered into the land registry should be relied upon to be true and correct, and the acquisition of the real estate to be registered with the land registry should be based upon a valid legal transaction. The land surveying process may be summarized in brief as the determination and announcement of the area to be surveyed, the formation of the team to carry out the land surveying works and the committee to evaluate and assess the objections, if any, raised thereto, the determination of the working area, the preparation of the plot bordering sketch and ownership protocols pertaining to the real estate, and the in-situ measurement of the surface area of the real estate. After the borders have been measured and recorded onto the maps, the procedures are checked, and the mistakes, if any, are corrected. M The schedules are issued and publicly announced. The data therein may be objected for a period of 30 days. The cadastral data that have not been objected become final at the end of that period. The mistakes, if any, during the cadastral works are corrected. The land surveying is a living organism, and it meets the requirements of its existence only if it indicates the most recent data. For this reason, any and all the changes in the ownership should be followed and recorded for the sake of the land surveying once made. In the fourth section of the study, the deficiencies encountered in the ownership structure of the rural areas that shall not be deemed independent of the urbanization process and their ways of solution are outlined. The development balance has changed against the rural areas in our country. This imbalance is causing the urbanization to be without planning and order, and thereby the spontaneous development can not be overcome. One of the major problem in the rural areas is the lack of order in the ownership structure. The unbalanced distributions of land ownership cause numerous families not to able to have land at all. Additionally, inconvenience of the magnitude of the agricultural operations that are highly scattered and the deformations of the agricultural fields affect adversely the agricultural production and the production is diminishing over time. For this reason, the rearrangement of the rural areas is necessary. In this section the land and agricultural reformation as the tools of the arrangement for the agricultural lands are outlined and the legal framework and applications are evaluated. In addition, the studies for the purpose of the planning of the villages, being the residential areas in the rural section are explained within the framework of the legal regulations. The land surveying policies that have been applied up to today, and the targets then determined as well as their results are outlined in the fifth section, and the problems arising due to the insufficiency of the applications are revealed. The targets of the land surveying are determined through development plans in our country. However, the targets could not be reached so far. Only 58.1 % of the target determined for the land surveying for the urban areas and lands have been realized by 31.08.1990. 78.9% of the area that shall be mapped in scale of 1/5000 as specified in the five-year development plan have been completed. xii The reflection of the deficiencies determined in the fifth section over the urban planning are outlined in the sixth section. In this section, also the results of the questionnaires carried out with the urban planners and surveying engineers on this matter have been included. The impacts of the land surveying works, current ownership structure, and the co-operation of the urban planner and land surveying engineers prior to planning, during the execution of the planning and application are researched through questionnaire. In this section includes the determination of the current structure of the interrelations between ;. Urban planner - surveying engineer. Current land surveying - planning. The recommendations for the solutions to eliminate the deficiencies. In order to make out a residential plan, the land surveying should be first completed and its map should be drawn up which indicates all visible and invisible natural and artificial structures, and the ownership information in a certain scale. Furthermore; prior to planning, any and all the changes in the topography and ownership borders should be recorded into the maps. If they are separate, then the topographic and cadastral maps are necessary to be incorporated by the map engineers for a proper and applicable planning. In order to carry out such works, the planner and the map engineer should in co-operation at every stage of the planning process. This compulsion is admitted by both professional groups. However such a co operation is not sufficient and comprehensive. The map engineer should be a member of the planning team. In today's applications, it is seen that 56% of the planner have themselves incorporated the topographic and cadastral maps. Furthermore, 52% of the planners state that the maps have been drawn 5-6 years ago, and 40% of them say that the changes occurring during the planning process have not been included in the maps. 52% of the planners state that the existing maps are not sufficient as to technical aspects and their contents. For such reasons, prior to the planning the said maps should be made completed and corrected. One of the major results obtained from the study is that is absolutely necessary that the information systems should be established by means of data to be obtained mainly by land surveying, which shall include all the data xiii regarding the city and the land. This system shall be able to be updated steadily and so, it shall provide for the actual, up-to-date and correct information to be required for planning and numerous public services. Any and all the efforts should be made for this system seeming to be difficult to establish from the financial and technical points of view, and the municipalities should be encouraged in this respect. As a result of the questionnaire made with the planners, it has been revealed that 46% of them have made use of such maps which have not contained cadastral borders for their planning works. It is also stated that such plans have not been implemented in proper manner, and that changes are necessary to make in such plans. It is necessary to make known and distinct the ownership determined through land surveying as the public and private ownership. For the purpose of efficient use of the public land, they should be sorted out as the lands owned by the finance, local administrations and foundations, and the respective inventory should be drawn. The values of the real estate should be assessed through land surveying, the data necessary in the planning should be obtained in an objective manner. The current cadastral works are able to determine the actual ownership border on the land. For this reason, very small plots are formed which are in deformed shape and not suitable for dwelling. It is necessary that such deformed shaped and unsuitable plots that adversely affect the planning should be subject to prior arrangement and the resulting borders should be recorded into the maps. The necessary legal regulations should be issued to enable such application. In the preparation of the plans, the planning should be made by taking the existing cadastral borders into account with the co-operation of the map engineer. During this study, it should be consider how the zoning plots shall be formed, and the zoning and parcelation should be synchronized. The zoning parcelation should always be done prior to the planning. The application of the Article 18 should be made common.