Practice Area
Alanya Administrative Law Lawyer
The main subjects of administrative litigation, from annulment and full remedy actions to zoning, expropriation and public procurement disputes.
Administrative Law Advice in Alanya
Support from an Alanya administrative law lawyer covers monitoring of deadlines from the moment an administrative act is served up to the appeal stage, filing the necessary applications with the administration and conducting the case before the administrative court. Administrative law is a distinct branch of law that governs the relationship between the state and public bodies on the one hand and citizens, companies and foreign individuals and legal entities on the other; disputes arising from this relationship are resolved by the administrative courts. It covers a wide field, from zoning plans to expropriation and from civil servant disciplinary penalties to public procurement, and the procedures are bound by the short, strict time limits of the Administrative Procedure Law No. 2577 (İYUK).
As there is no administrative court in Alanya, these cases are heard by the Antalya Administrative Courts.
Because the time limits for bringing an action against administrative acts are short and preclusive, it is very important to obtain legal support without delay from the moment the act is served. A case that is not filed in time may lead to consequences that are difficult to remedy, even if you are in the right.
Matters Handled in This Area
Annulment Actions
Preparing and conducting actions for the annulment of final and enforceable acts of the administration, such as zoning plans, permits, appointments and disciplinary penalties, on the grounds that they are unlawful.
Full Remedy Actions
Representing clients in actions for compensation of pecuniary and non-pecuniary damage caused by an act or action of the administration.
Zoning and Expropriation Disputes
Annulment of zoning plans, objections to the expropriation price and compensation claims for de facto expropriation (taking without formal expropriation).
Public Procurement Disputes
Participation in tenders, objections to debarment decisions, complaints and appeals to the Public Procurement Authority under Law No. 4734.
Objections to Administrative Fines
Objection and annulment proceedings against administrative fines imposed by authorities such as the municipality, the tax office or the migration administration.
Requests for Stay of Execution
Preparing and pursuing requests for a stay of execution filed together with the action to prevent damage that would be difficult to remedy.
Civil Servants and Public Officials
Representation in actions against disciplinary penalties, suspension from duty, appointment and transfer decisions.
Administrative Acts Concerning Foreigners
Court proceedings before the administrative court against residence permit refusals, deportation orders and other acts of the migration administration (see Foreigners Law).
Stop-Work Reports, Demolition Orders and Zoning Fines
Preparing annulment actions and requests for a stay of execution against stop-work reports, municipal council demolition decisions and zoning fines issued under Articles 32 and 42 of the Zoning Law No. 3194.
Permit and Licence Disputes
Administrative applications and court proceedings against the refusal or cancellation of building permits, occupancy permits (iskan) and business opening and operating licences, and against orders to cease operations.
Tax and Customs Disputes
Correction requests, settlement (uzlaşma) applications and tax court proceedings against tax assessments and penalty notices under the Tax Procedure Law No. 213 (see Tax Law).
Municipal Taxes, Charges and Fees
Objections and court actions against property tax, environmental cleaning tax, charges and fees assessed under the Municipal Revenues Law No. 2464 and the Property Tax Law No. 1319.
Ecrimisil (Occupation Compensation) and Treasury Property Disputes
Objections and annulment actions against ecrimisil (compensation for unauthorised occupation) notices issued under Article 75 of the State Tender Law No. 2886 for the use of Treasury or municipal property without permission.
Acts Under Coastal, Forest and Environmental Legislation
Objections and court proceedings against demolition orders, administrative fines and EIA (ÇED) decisions under the Coastal Law No. 3621, the Forest Law No. 6831 and the Environmental Law No. 2872.
Tourism Certificates and Tourism Business Matters
Administrative applications and court proceedings against the refusal or cancellation of tourism operation and investment certificates, or sanctions linked to them, under the Tourism Incentive Law No. 2634.
Acts of the Land Registry and Cadastre Offices
Administrative applications and annulment actions before the administrative court where the land registry office refuses, or fails to carry out, a registration, change of property type or sale transaction.
Turkish Citizenship Applications
Administrative applications and annulment actions against the refusal of citizenship applications made by investment or other routes under the Turkish Citizenship Law No. 5901.
Damage Arising from Public Services
Prior application under Article 13 İYUK and full remedy actions for damage caused by administrative actions such as service faults in public hospitals, infrastructure works and road and pavement maintenance.
Entry into Public Service, Examinations and Security Clearance
Court proceedings against examination results, non-appointment and acts based on a negative security investigation or archive check under the Civil Servants Law No. 657.
Freedom of Information Requests
Requests for documents and information from the administration under the Right to Information Law No. 4982, objections to the Information Access Review Board against refusals, and annulment actions.
Administrative Remedies and Time Limits for Filing an Action
In administrative law, time is the most critical issue. The time limits for bringing an action set out in the Administrative Procedure Law No. 2577 (İYUK) are preclusive; an action filed after the time limit has expired is dismissed on procedural grounds without examination of the merits. The day on which an administrative act is served on you is therefore the most important date in your file.
General Time Limit for Filing an Action
Under Article 7 İYUK, unless a special law provides otherwise, the time limit for filing an action is sixty days before the administrative courts and thirty days before the tax courts. The period starts on the day following the written notification of the act. For disputes arising from tax and customs matters, please see our tax law page.
Application to the Administration Before Filing an Action
Article 11 İYUK provides that, within the time limit for filing an action, the revocation, withdrawal or amendment of the act may be requested from the superior authority – or, if there is none, from the authority that issued the act. This application suspends the running of the time limit. If the administration does not respond within sixty days, the request is deemed rejected.
Damage Arising from Administrative Actions
Under Article 13 İYUK, persons harmed by an action of the administration (for example, infrastructure works or a service fault) must apply to the administration before filing an action. This application must be made within one year from the date the damage was discovered and in any case within five years from the date of the action.
Effect of the Judicial Recess on Time Limits
The judicial recess in administrative jurisdiction runs from 20 July to 31 August. If the last day of the time limit for filing an action falls within this period, the time limit is deemed extended by seven days from the day following the end of the recess.
Important: Time limits and the competent authority may vary depending on the type of act. The time limit must therefore be calculated specifically for each file once the notification has been received.
How Does an Administrative Case Proceed?
- Review of the Act: The date of service of the administrative act or decision, the points of unlawfulness and the calculation of the time limit are assessed together.
- Preliminary Review and Objection: Where required, mandatory administrative application/objection routes are exhausted.
- Filing the Action: The statement of claim is prepared for the competent administrative court and, if necessary, submitted together with a request for a stay of execution.
- Proceedings and Follow-up: Expert examination, hearings and the appeal stages (istinaf/temyiz) are followed.
Request for a Stay of Execution
As a rule, filing an administrative action does not automatically suspend the implementation of the contested act. The act remains in force until the case is concluded. For acts whose consequences are difficult to reverse, such as demolition orders, permit cancellations, deportation or suspension from duty, a stay of execution is therefore requested together with the statement of claim.
Under Article 27 İYUK, two conditions must be met together for the court to grant a stay of execution: implementation of the administrative act would cause damage that is difficult or impossible to remedy, and the act is manifestly unlawful. The court must give reasons in its decision showing that these conditions are met.
Decisions on requests for a stay of execution may be challenged once, within seven days from the day following service of the decision. Supporting the request with a concrete description of the damage and with documents directly affects the outcome.
Jurisdiction and Venue: Where Are Alanya Cases Heard?
There is no administrative court in Alanya. Annulment and full remedy actions against acts of Alanya Municipality, the district governorship, provincial directorates or other public bodies are heard by the Antalya Administrative Courts. Under Article 4 İYUK, in places where there is no administrative court, petitions may also be submitted to the civil court of first instance.
Rules on Venue
İYUK provides different venue rules depending on the subject of the dispute. In actions concerning immovable property, the administrative court where the property is located has jurisdiction; a zoning or expropriation dispute concerning property in Alanya is therefore heard by the Antalya Administrative Court. In actions concerning public officials, as a rule the court of the place where the official last served has jurisdiction.
Not Every Administrative Dispute Goes to the Administrative Court
In some disputes, the ordinary (civil and criminal) courts have jurisdiction. While the annulment of an expropriation act falls within the jurisdiction of the administrative court, determination of the expropriation price and actions for an increase of the price are heard by the civil courts of first instance. Objections to many administrative fines under the Misdemeanours Law are made to the criminal judgeship of peace. Actions against decisions of the Public Procurement Authority fall within the jurisdiction of the Ankara Administrative Courts. In disputes concerning your property, the related real estate law procedures should also be assessed at the same time.
Common Administrative Disputes in Alanya and Antalya
Due to intensive construction, tourism investment and the mobility of its foreign population, Alanya is a district where administrative acts frequently come up. The most common types of dispute in the region are:
Building Permits, Stop-Work Reports and Demolition Orders
Stop-work reports issued on the allegation that a building does not comply with its permit, zoning fines imposed by municipal council decision and demolition orders are common acts in Alanya. An annulment action must be filed against these acts in time and, where necessary, a stay of execution must be requested.
Objections to Zoning Plan Amendments
Approved zoning plans are publicly displayed at the municipality for one month. Objections to the plan may be made during this period; if the objection is rejected or left unanswered, the route of an annulment action opens. Failing to monitor the display period may lead to the loss of the right to sue.
Business Opening and Operating Licence Disputes
For tourism businesses, accommodation facilities and restaurants, refusal to grant a licence, cancellation of a licence or orders to cease operations frequently arise.
Administrative Acts Concerning Foreigners
Refusal of a residence permit application, cancellation of a permit, deportation and entry ban decisions are an important issue for foreign residents of Alanya. Because the time limits for filing an action in these matters may be shorter than the general time limit, prompt action is required; for details, please see our foreigners law page.
Expropriation and De Facto Expropriation
Expropriations for roads, parks or public facilities, actions for the annulment of the expropriation act and compensation actions brought because property has been taken de facto or through a zoning plan are common in the region.
Acts Concerning Civil Servants and Public Officials
Disciplinary penalties, suspension from duty, appointment and transfer decisions, as well as performance record and promotion disputes, are among the issues pursued for public officials.
Documents to Prepare for an Administrative Case
Bringing the documents you have to the first meeting ensures that the time limit and the legal assessment are calculated correctly. Although it varies according to the type of file, the following documents are generally required:
- The copy of the administrative act or decision served on you and the notification receipt showing the date of service
- Any applications previously made to the administration and the administration's replies
- In property-related files, the title deed record, zoning status certificate, building permit and occupancy permit
- Stop-work report, municipal council decision, official reports and inspection records
- In full remedy actions, invoices, payment documents, photographs and, if available, assessor reports showing the damage
- In public official files, the investigation report, written defence and disciplinary board decision
- For foreign applicants, passport, residence permit documents and correspondence with the migration administration
If some of the documents are not in your possession, they can be obtained from the administration through a right-to-information request or a request for a copy of the file.
Appeals and Individual Application to the Constitutional Court
The first-instance court's decision is not the end of the dispute. Decisions of the administrative court may be appealed to the regional administrative court by way of istinaf (appeal) within thirty days of service of the decision. In certain disputes listed in the law, decisions of the regional administrative court may further be appealed to the Council of State (Danıştay) by way of temyiz (appeal on points of law), again within thirty days.
Once ordinary remedies have been exhausted and the decision has become final, persons who consider that one of their fundamental rights and freedoms has been violated by public authority may lodge an individual application with the Constitutional Court (AYM). The application must be made within thirty days of the date on which remedies were exhausted. For details, please see our Constitutional Court individual application page.
As time limits are short and strict at every stage, it is important to assess the decision without delay after it is served.
How We Work as Administrative Law Lawyers in Alanya
Time limits in administrative proceedings are short and strict; even a single day's delay may result in the loss of rights. It is therefore important that the process is followed by one team from the date of service of the act through to the appeal stage.
For detailed information about the founder of the firm, please see the Att. Hüseyin Aydın page.
Frequently Asked Questions
Your Questions
The information on this page is for general information purposes only and does not constitute legal advice or consultancy.