The Plundering of Kaş: Laws broken amidst an extensive network of bribery

In Kaş, one of Antalya’s holiday regions with unique natural beauties, nobody can prevent the illegal construction. Behind the rapacious construction that has turned the region upside down, an extensive network of corruption is alleged.

The rush of illegal construction, which has accelerated in the last few years in Kaş, one of the favorite holiday regions of Antalya, has reached unimaginable proportions. While 5-star hotels were locking their doors due to the Covid-19 pandemic, those looking for a ‘socially distanced holiday’ turned to renting villas. This has destroyed the balance in the region.

According to an article in Antalya3T.com by journalist Yusuf Yavuz, the weekly rent of a luxury villa in the Kalkan town of Kaş, where thousands of villas are located, is up to 80 thousand TL. The possibility of renting for 25 week long season is fuelling illegal construction and unlicensed tourism in the region. Furthermore the article claims that the fines imposed by the local municipality for building illegal structures has become an important source of municipal income and a part of its political funding. Strikingly the contracts, ostensibly tendered by the municipality for the demolition of illegal structures, are usually cancelled one day later on the grounds that “there are no bidders”. Where, until a few years ago, olive groves, wild carob trees and gorse bushes were, now reinforced concrete buildings rise at regular intervals along the sea-view slopes. The rapidly increase in concrete structurers around Kaş and Kalkan continues illegally because of the long duration of the lawsuits filed against the planning zones attempting to “legalize” this concreting. The ban on construction, when “legal” constructions are terminated, which starts in mid-May each year, has not yet started this year. With the new holiday concept based on privacy and social distance dominating in the last two years, the Kaş-Kalkan region has become the centre of this rental villa market.

LUXURIOUS VILLAS RENTAL FEES UP TO 80 THOUSAND TL A WEEK

The weekly rental fee of luxury villas, which are marketed as “conservative” villas, honeymoon villas and family villas, makes a big hole in the pocket. Villa rentals prices in the Kalkan region, once normally around 5 thousand TL per week, reach an average of 20-25 thousand TL these days. However, in August, which is known as the high season, you can even find holiday villas that cost 80 thousand liras.

THE MONEY IS EASY, NO ONE WANTS TO LOSE’

In answer to our questions about the reason for these astronomical sums in Kalkan and about the size of the villa market, an operator summarizes the sıtuation thus: “Over 2,000 villas have been built in Kalkan and its immediate surroundings in the last 3 years. These villas, which previously might have acheived an average rental of 10 weeks a year, are acheiving 25 weeks during this pandemic era. If you calculate the 25-week rental period with a weekly average of 25 thousand TL, you get to sums like 625 thousand TL in one season. Depending on the number of rooms and the level of luxury, these prices can rise to 80 or 100 thousand liras. These are huge numbers. This is one week’s rental we are talking about. This has a massive knock on effect in Kalkan. Almost everyone, from the villa operator to the agency, from the cleaning worker to the builder, is a part of this process. There is easy money to be made and nobody wants to miss out. For example, a plumbing job that you can get done for 3 thousand TL in any Anatolian city requires 30 thousand TL in Kalkan. The daily wage of a worker is around 300 TL. In short, everyone is happy with the situation. And anybody who criticizes them will become a target. They can destroy those who try to take the wheels of this easy, unregistered earnings bandwagon. This is in spite of the fact that those who do illegal constructions risk 3-5 years in prison.”

FINES AVERAGİNG 50 THOUSAND TL ARE REVENUE TO THE LOCAL COUNCIL

The operator, who did not want his name to be disclosed because he was worried about his safety, says that the cost of an illegally built villa, including the land, is approximately 500 thousand liras, but one season’s gross rental can be more than that:

“The villas are mostly rented through agencies. The agencies take around 15-20 percent of the rent. Around half of the villas have not been registered. They are not registered during the construction process, and are not be registered when they are taken on for rental. In accordance with the appropriate law the authority keeps records and imposes fines when they discover an illegal construction. Although it varies according to the square meterage of the construction or the arras planning status, people say that fines levied for illegally built constructions around Kalkan average some 50 thousand TL.

THE TREASURY MAKE INSPECTIONS EVERY YEAR, BUT THE PENALTY IS NOT A DETERRENT

Fines for illegal constructions imposed by Kaş Council are an important source of income. Ask pretty much any man on the street and they will say that politicians in the district have a hand in the inspections and fines applied during the illegal construction process.

The state knows that these villas are not registered. The Treasury Department conducts an audit every year. The fines imposed on unregistered businesses are not a deterrent either: “If they were properly invoiced, they would pay an average of 100 thousand liras in tax, and the fine is around that. Most businesses prefer to pay penalties. They thinks, Sometime there will be an amnesty and I can avoid this penalty.'”

‘UNREGISTERED ACCOMMODATION HAS DECREASED BUT NOT COMPLETELY STOPPED

Another villa operator spoken in the region underlines that he provides legal and registered tourism services, but he suggests that illegal construction and unofficial trading is a system that is almost encouraged in the region: “I rent my villa for 5 thousand liras per night. Every registered guest is notified. Since the implementation of the system of guest notification to the police and gendarmerie, unregistered stays have decreased, security and financial checks are being carried out, but we cannot say that it is completely over.”

IT USED TO BE THE SUNSET THAT MADE OUR HOLIDAYMAKERS HAPPY IN THEIR PLACE NOW WE HAVE HOLİDAYMAKERS FOR WHOM HAPPINESS IS THEIR CAR

Underlining that the profile of vacationers in Kaş has changed a lot compared to the past, the operator said, “This region, once sought out by educated people with perhaps less money but happy to watch the sunset with a glass of wine, have now been replaced by a group happy with their luxury cars. This segment is relatively richer, but arrogant and spoiled. When we think about how things were 30 years ago, we are not content with the current situation.”

THE VILLA EXPLOSION HAS SPREAD TO THE MOUNTAIN VILLAGES

Fırnaz Bay, on the borders of Islamlar, Üzümlü and Yeşilköy, the closest settlements outside of Kalkan, are now the areas of villas expansion. The mountain slopes of the village of Islamlar, declared a disaster area in 1979 due to the risk of landslides, are filled with villas with pools. However, the fact that the villa frenzy has spread even to İkizce village on Elmalı Road, some 15 kilometers from Kalkan, tells you just how far things have gone.

CONSTRUCTION IS A THREAT TO OLIVE ORCHARDS AND GRAPE VINES

The rapidly increasing villa tourism in Islamlar, badly affects agricultural production and the natural environment, the traditional main source of livelihood in the region. Although there is no official data, according to the information given by local sources, there are more than 1000 villas within the borders of Islamlar, a village with a population of 2675 (2020). According to some, this figure is around 1400. Olive trees and vine pergolas are pulled up to build villas on lands that are at risk from slippage and landslide.

ANNUAL GRAPE PRODUCTION HAS SLUMPED FROM 3 THOUSAND TO 300 TONS

According to the information given by a producer living in Islamlar, 3,000 tons of grapes were grown in the village until the 2000s and annual olive oil production was around 35-40 tons. However, now he notes that grape production has declined to 300-350 tons in recent years: “In Islam, a family would grow 5-6 tons of grapes and could meet a significant part of their annual economic needs with the income from this production. When trucks came to the village to carry grapes, it was cause for celebration. 5-6 trucks a day of grapes would go from the village.”

LACKING THE INFRASTRUCTURE WASTE WATER FROM VILLAS DRAINS IN TO THE SOIL

Villa tourism is the most important reason for illegal construction in the village of Islamlar. The water used in the pools of luxury villas (marketed as “nature holidays”, also impactd the agricultural production in the village. People say that tons of chlorine and algae-preventing bromide used in pools have a negative impact on both the environment and agricultural production. One of the problems created by the pressure of construction in Islamlar is said to be the discharge of waste water from the villas to the surface or substrata level since there is no infrastructure. Stream beds and agricultural areas are polluted by wastewater.

VILLAS ACCESS ELECTRICITY AND WATER SUBSCRIPTION BY FAKE GREENHOUSE APPLİCATİONS

The ways in which illegal constructions in the region receive electricity and water subscriptions are also very interesting. A manufacturer we talked to admitted that, to get the electricity and water registration required for construction in Islamlar, he installed a temporary fake greenhouse and that they received an electricity and water acoount by saying “I will do agricultural production here”:  “The District Directorate of Agriculture officials come and look, they see the greenhouse model and give approval. Then when the registration is received, the greenhouse is dismantled and the building construction begins.”

THE LAW PROTECTING SOIL IS BEING BROKEN, THERE IS A MASSIVE NETWORK OF CORRUPTİON

An expert living in the region, whose knowledge on the subject we consulted, emphasised that the District Directorate of Agriculture, as well as the local authority, was responsible for this dismal situation in the Kaş region and said:

“Despite the Articles 20 and 21of the Soil Conservation Law, the agriculture district directorate allows electricity and water subscriptions. Temporary greenhouses installed in a day can be established until you subscribe. It is impossible that the agricultural district officials are unaware of this situation during the permit phase. There is a large bribery network in which the employees in the relevant units of all institutions related to this issue are involved. This problem of illegal construction creates a human swamp of pollution and corruption.”

THE VILLAGE THAT USED TO SUPPLY THE ANCIENT CITY’S WATER IS IS RUNNING DRY THANKS TO ILLEGAL CONSTRUCTIONS

Islamlar is a settlement that has hosted the region’s vital water resources since ancient times. The old name of the village, Potamya (Bodamya), is associated with a stream or stream in ancient Greek. The water source running from Islamlar also met the water needs of the city of Patara in ancient times. A part of the viaduct system that once carried water from Islamlar to Patara, which the local people call the delik kemer, still exists. Today faced with drought and climate crisis the fact that the village’s water resources will be used for hundreds of villas and pools worries the families who make their living from agriculture.

A TWO-STOREY BUILDING ON THE LAND THEY PURCHASED

The problems created by illegal, unplanned construction on farmland are not limited to the destruction of nature and the spread of concrete. Some families, who buy property in the region with the dream of retiring or for investment purposes, are experiencing a process that casts a shadow on their lives. S.A., who found a two-storey building had been built on the acre of land that his wife bought years ago in Kördere Mevkii on the ridges of Kalkan, explained his experience, which is now before the courts;

“My wife bought a piece of land in the Kalkan-Kördere area in 1987. The purchase was made through a ‘hand deed’, as land title deed had not been made in this region yet at that time. My wife had moved to another city and rented the land to the person she bought it from. He died a year later. A few years later, when I went to end the tenancy and buy the land, they told me that my land had been expropriated for the road. They colluded with several real estate agents in the area and fraudulently prevented me from finding my land. Later, I learned that the title deed had been enacted for the region where my land is located, but no registration was made in my wife’s name. Moreover, illegal structures have been built on my land. Thereupon, I brought the matter to the judiciary in 2018 in order to investigate who had my land registered by fraudulent means and to return my land to me. I have full faith in the supreme Turkish justice, with the hope that my land, which was tried to be taken away from me by tricks, will be identified and restored to me.”

A NIGHTMARE FOR FOREIGNERS TOO: THEY HAVE DRAFTED A REPORT

The illegal construction boom in Kaş district has also excited a reaction from foreigners living in the district, who want to see tourism properly planned for and licensed. In a survey, which was carried out with the participation of 600 foreigners, who love the natural beauty of Kas and Kalkan surroundings, and who were either settled in this region or chose it regularly for a holiday, 593 people voted for a halt to illegal constructions.

In the survey conducted on social media and websites promoting the region, participants  were asked what they thought about the proposition

 “Illegal, unlicensed building should be stopped”.

In the survey 600 foreigners responded of which, 593 people voted to stop illegal constructions. While only 2 people expressed their opinion as “I do not agree” with the proposition and 5 participants expressed the opinion of “Not my concern”.

After the survey, a report was prepared in English and Turkish, in which the problems caused by the illegal and unplanned construction in the region and the solution proposals were discussed. The report, titled “Unplanned Construction: The Foreigners’ Voice”, is will be made available to Kaş District Governor’s Office and Kaş Municipality in the hope that it will provoke discussion and action.

The report, written by a British citizen who has been living in the region for more than ten years, includes the following suggestions to prevent illegal constructions: “There are many measures that can be taken to prevent illegal construction. Confiscate building equipment. No digger, no digging. Stop providing water or electricity subscriptions to illegal buildings. Require construction sites to post planning consent notice 1 month prior to the start of work. Use drones (ground operated aircraft) to detect illegal construction sites. Control the sale and delivery of cement and iron.

It also suggest that proceeds from construction fines should not be used for general purposes. This income should be used in planning and implementation activities. Some illegal construction sites should be sealed and returned to their natural state.”

EVERYONE HAS BEEN CAUGHT UP IN THE ILLEGAL CONSTRUCTION EXPLOSION:

In the report, which underlined the need for wider planning in the region, it referred to the amendments made in the Metropolitan Law in November 2012 that turned thousands of villages and hundreds of towns into neighborhoods. Pointing out that after this legal arrangement the 54 neighborhoods of Kaş fell under the responsibility of the Antalya Metropolitan Municipality, the report said, “Many local changes need action at the government level need to come into effect. The process of creating a planning zone and providing the necessary controls is complex and difficult. Only 3 of these 54 neighborhoods are open for planning. The result was a vicious circle of illegally constructing buildings, paying the financial penalty, and continuing as if nothing had happened. Small builders, big developers, planners, politicians, and law enforcement officials such as the gendarmerie, the Muhtar, and law enforcement officers were all ensnared in the illegal construction boom, which is actually criminal.”

THE PROBLEM CAN BE SOLVED WITH COURAGE, DETERMİNATION AND TRANSPARENCY

The report underlined the need for transparency as well as courage and determination in solving the problem of illegal and unplanned construction in the region.  It will not be an easy process. The report, points out that it is not easy to achieve a transparent process, change would not be ‘profitable’ there would be no political reward but concluded by saying ” But everything is possible is it not? Looking at what Turkey has achieved in the last hundred years, everything is possible. Let me reiterate that this is a big task. For example, updating the landslide study to open the village of Islamlar to planning would require a full geological survey. But the alternative is worse. Irreversible destruction of the environment, the end of the agricultural lifestyle, unsustainable demands for water and electricity, or possibly a major landslide.”

“Illegal, unlicensed building must be stopped”

The poll was open from 3rd to 5th May. 600 unique responses were recorded. Results were as follows.

	KL	VL	FoK	Total	%
Strongly Agree	257	142	186	585	97.8
Agree	2	3	3	8	1.2
Not my concern			5	5	0.8
Disagree	2			2	0.2
Total	361	145	194	600	100%