DECISION ON THE TINY HOUSE DESTRUCTION

The destruction decision and a fine of 42 thousand Turkish Liras for the tiny wheeled house belonging to Zafer Çaylak in the Seferihisar district of İzmir were canceled by the İzmir 5th Administrative Court upon objection.
On February 19, the Seferihisar Municipality Committee decided to destruct the tiny house with wheels, one of the alternative accommodation options in the Sığacık District of Zafer Çaylak, on the grounds that it was unlicensed, and a fine of 42 thousand TL was issued.
Çaylak, through his lawyer, appealed against the council's decision last March. İzmir 5th Administrative Court decided to stop the destruction without waiting for the defense of the municipality last May upon an objection. The same court ordered the annulment of the destruction order and the fine last August. As a justification for this decision, the court showed that the sanction imposed because the building was a public property subject to highways and was not subject to the zoning law constituted a violation of the law.
Çaylak's lawyer, Tamer Atabay, stated that the court made a precedent decision and said: "In the court's decision, it was stated that since the house in question is a wheeled caravan subject to the Non-Motor Vehicle Highway Traffic Regulation, it is not a structure or building subject to the license mentioned in the Zoning Law. These structures are not immovable but movable structures. For this reason, the court imposed the fine imposed by the municipality. It also canceled the demolition decision. Because the zoning law is valid for immovable structures. Our citizens can put these structures on their lands and lands with peace of mind."