THE LAW REGARDING THE ESTABLISMENT OF

THE UNDERSECRETARIAT OF HOUSING

MAKING AMENDMENTS IN THE LAW OF THE LAND DEVELOPMENT OFFICE

FIRST CHAPTER

The Objective and Definitions

The Objective

Article 1- The objective of this law is to supply land required for investment sectors, public facilities and housing, to develop alternative finance models for meeting housing needs, to develop land and housing policies and implement these policies by harmonizing development plans and annual programs, and regional and local plans, in order to provide healthy and regular settlements.

The Definitions

Article 2-The definitions stated in this law are:

1. The Minister: The Minister to whom the Undersecretariat of Housing is affiliated.
2. The Ministry: The Ministry to which the Undersecretariat of Housing is affiliated.
3. The Board: High Board of Housing.
4. The Coordination Board: Housing Coordination Board.
5. The Undersecretariat: The Undersecretariat of Housing.

SECOND CHAPTER

The Organization and Tasks

High Board of Housing

Article 3- High Board of Housing formed by the Minister, The Minister to whom the General Directorate of Land Registry and Cadastre is affiliated, the Minister of Finance, the Minister of Public Works and Resettlement and the Undersecretariat of Housing is established under the chairmanship of the Prime Minister. In the absence of the Prime Minister, the minister leads the committee.

 According to the features of the issue concerned, related ministers can also participate in the committee upon the invitation of the head of the committee.

The tasks of the Board are:

1. To determine general policies related to the house and land production,
2. To determine land and housing areas, which are to be produced in priority, and to set the schedule of production in these areas.
3. To direct internal and external resources required for land and house production.
4. To make evaluation and take decisions about the issues, prepared and presented for the approval by the Housing Coordination Board and the Undersecretariat within the scope of the law.

 Housing Coordination Board :

Article 4: Housing Coordination Board, established under the chairmanship of the Housing Undersecretary, is formed by the President of Housing Development Administration, General Director of the Land Development Office, General Director of National Property, General Director of Land Registry and Cadastre, General Director of Technical Research and Implementation Unit in the Ministry of Public Works and Resettlement.

 According to the features of the projects to be implemented, related managers of the public institutions and foundations can participate in the committee upon the decision of the Coordination Board. 

 Housing Coordination Board is responsible for making arrangements as a base for the decisions of the committee and for coordinating related institutions and foundations for the implementation of these decisions.

The Undersecreteriat of Housing:

Article 5- The Undersecretariat of Housing affiliated to the Prime Ministry was established. The central organization chart of the Undersecretariat is illustrated in the attached table numbered (1). The Housing Development Administration and the General Directorate of Land Development Office are affiliated to the Undersecretariat.

The duties of the Undersecretariat are as follows:

1. To monitor the implementation of decisions taken by the committee and to report the results of these implementations to the committee.

2. To determine the borders of the land production areas, which will be selected, by taking into consideration the goals of the sectoral plan.

3. In accordance with the decisions taken by the Board via affiliated institutions, to expropriate for all kind of sectoral investments and public establishments; to purchase properties by cash, credit or free of charge; to provide the necessary properties via transfer or agreement; to sell, rent and exchange these properties with their current situation or by planning, constructing infrastructure facilities partially or completely according to predetermined principles; to provide easement for these properties; to market and sell these properties via public foundations, institutions or judicial entities of private law.

4. To make affiliated institutions use of the credits received from all kinds of internal and external sources for producing land, infrastructure, housing and for research and development activities related to these issues with the approval of the Minister; to develop alternative finance models for different income groups in order to provide them houses and working places.

5. To make technical cooperation on research, analysis and project preparation with the institutions that possess public legal personality and with judicial entity of private law, to give permission to the related institutions for establishing partnership, to negotiate with the representatives of the private sector in order to fulfill objectives .

6. To give tasks and instructions to the related institutions within the scope of this Law, to provide coordination among these institutions, to supervise and provide administrative control for carrying out the tasks given by this Law and by the law of affiliated institutions. 

7. To give its opinion to the related institutions about the subjects within the limits of its task area.

8. To perform the tasks given by the international agreements.

9. To execute the secreteriat services of the Board and the Coordination Board.

10. To perform other tasks given by the regulations.

THIRD CHAPTER

Other Provisions

Article 6- The list of staff attached in table (1) is established and attached to the table numbered (I) appendix of Statutory Decree commanded as Law 190 as the Chapter of Undersecretariat of Housing.  

Article 7- The first paragraph of the 5th article of the Law of Land Development Office numbered 1164 and dated 29 April1969 is amended as follows:

 The revolving fund of the General Directorate of Land Development Office is 250.000.000.000.000 (two hundred fifty trillion). The whole fund belongs to the State. This fund may be increased up to four times by the decision of Council of Ministers. 

Article 8- 9th article of the Law numbered 1164 is amended as follows.

Article 9- The General Directorate of Land Development Office is authorized to expropriate lands, plots and the premises located on those which belong to the real personality and legal entity, for housing, industry, education, health, tourism investments and public facilities with the approval of the Minister.

Article 9- 11th article of the Law numbered 1164 is amended as follows.

Article 11- Land Development Office is authorized for adding explanatory notes to the title deed registrations ruling that lands and plots sold and transferred by the General Directorate of Land Development can not be sold, transferred, sequestered to the third person unless the necessary infrastructure, construction units and establishments are provided according to the purchasing conditions in order to provide appropriate utilization of lands and plots and/ or making contracts directed to realise this objective. The fundamentals concerning the implementation of this article are determined by regulations.

Article 10- The following additional article is added to the Law numbered 1164.

 Additional Article 4- The lands and plots owned by the Treasury, which are identified by High Board of Housing as the land and housing production areas, are transferred to the General Directorate of Land Development Office for free of charge. The Lands allocated for the Public Services are returned to the Treasury with the same conditions.  

 Provisional Article 1- 2001 Fiscal Year expenditures of the Undersecretariat is met by the budget of the Prime Ministry. The Minister of Finance is authorized to make regulations in this issue.

Article 11- This Law will come into effect on the date of its publication.

Article 12- The provisions of this Law will be enforced by the Council of Ministers.

TABLE NUMBERED (1)

THE CENTRAL ORGANIZATION OF THE UNDERSECRETARIAT OF HOUSING

THE UNDERSECRETARIAT

LIST NUMBERED (1)

Institution: The Undersecretariat of Housing

Organization: Central

LIST OF ALLOCATED POSITIONS

* G.A.S.: General Administrative Service