As Ünal&Partners Law Firm, we have examined the legal regulations and statuses of Tiny Houses, which increased their popularity considerably during the Covid pandemic, which affected our country and the world in 2020, and which came to the fore again after the earthquake disaster we experienced.
What are the types of 'Tiny Houses'? What is the effect of species on legal status?
Tiny Houses, which can be expressed as 'Mini House' or 'Small House' directly in Turkish, are designed as "with wheels" or "without wheels" according to the order request. This seemingly small difference results in Tiny Houses being subject to different legal regimes in terms of both zoning and usage processes. While the wheeled ones will be subject to the Highway Traffic Regulation, the ones produced without wheels can be counted as "construction" or even "building" in terms of the Zoning Law, and this may lead to various results such as being located only on lands with a zoning permit.
What is the legal status of Tiny Houses on Wheels?
Tiny House on Wheels; It is within the scope of the Highway Traffic Regulation and has a type approval certificate, license plate and legally "Towing Caravan". In addition, it does not require a permit-license in terms of the Zoning Law. It can be placed on a plot of land or on a field with a field quality. In these cases, it will legally have the same legal status as the "parked vehicle".
Tiny Tiny Houses with wheels are classified as “O class non-motorized vehicle” defined as “trailer” according to Article 3 of the Highway Traffic Law and Section 20 of clause C of Article 3 of the Highway Traffic Regulation, and for this reason, their registration is made in Article 42 of the Highway Traffic Regulation.
They are not subject to the Motor Vehicles Tax and if they are going to cruise on the roads, they will definitely need to have their valid inspections done.
Finally, as “Tiny Houses” are considered “caravans”, the driver of the towing vehicle will need to have a “BE” class license as per the Highways Regulations. The tow bar of the relevant vehicle must be attached and this tow bar must be registered in the license by performing the necessary procedures.
Are there any legal obstacles to the commercial use of Tiny Houses on Wheels?
If Tiny Houses are to be parked in an area arranged for commercial purposes and accommodation service will be provided, it is obligatory to submit it in the application for the "Tourism Management Certificate" brought by the Law No. For the application, it will be necessary to obtain a "Business Opening and Operating License" from the Municipality or Special Provincial Administration.
What is the legal status of Tiny Houses without Wheels?
As we mentioned above, fixed tiny houses without wheels are considered as “buildings” in terms of the Zoning Law, and therefore a building permit is required. In this case, it results that Tiny Houses without wheels can only be used on zoned lands. Tiny Houses without wheels are considered by the authorities as prefabricated houses that cannot be easily dismantled and moved.
Can Tiny Houses be shown as Residence addresses?
For Tiny Houses on Wheels, the answer is simple and predictable. No, they cannot be displayed. A qualified "caravan" whose legal status would originally be considered a "parked vehicle" cannot be shown as a residence address. When we come to the ones without wheels, although there is a feeling that a person who lives here in summer and winter can accept this place as his home and transfer his residence to the address where he is officially located, since they will be considered as a "building", this is not possible in our current system. Numbering, house number etc. to be shown as a residence. some information is required.
As a result, there is no official legal regulation in our country about the legal status of Tiny Houses, whose popularity has been increasing lately and which seems to not slow down in this regard, and their legal status is revealed by comparison, but the expectations of people who are interested in the subject, especially from the legal community, are for Tiny Houses. It appears that a regulation will be made in the near future and then the question marks in the minds will be eliminated.
Ünal&Partners Legal Team
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