The Streets Belong to the People: Is It Legal to Charge for Roadside Parking?

A common practice on the streets of Istanbul is that municipal companies such as ISPARK turn roadsides and sidewalks into parking lots and charge a fee to vehicle owners. However, this situation is legally controversial. Streets, sidewalks and roads are public areas, and using these areas for commercial purposes may be against legal regulations. Using the rightmost lane of a main road as a parking area and charging a fee for it, in particular, disrupts traffic flow and may violate citizens’ constitutional rights. This article will discuss the relevant laws and what citizens can do about this.

What Do Legal Regulations Say?

First of all, it should be noted that streets are public areas. According to Article 37 of the Zoning Law No. 3194, public areas such as roads, squares and parks are designated in zoning plans and these areas cannot be used for private property or commercial gain.

Another important regulation is Article 15 of the Highway Traffic Law No. 2918. According to this article, the use of urban roads is free and fees can only be charged in places where private parking services are provided. In other words, the use of roads, streets and avenues for commercial purposes is against the law. İSPARK's request for parking fees on the side of the street may constitute a violation of this provision.

Article 52 of the Turkish Code of Obligations is also important in this regard. This article states that collections made in cases of unfair use of public services are not legal and grants the right to demand their return.

Public Areas Cannot Be Paid Parking Lots!

Sidewalks, streets and roads are areas offered for public use. Therefore, it is against the law to charge a fee for these areas. Citizens should know that if organizations such as ISPARK charge a fee for parking their vehicles in such areas, this has no legal basis. In particular, such organizations belonging to the municipality cannot use public areas for commercial gain.

Protect Your Rights: Fees Can Be Disputed

The fees that are unfairly collected from the streets by municipal companies such as ISPARK can be claimed back by citizens. The refund of these fees can be requested by applying to the Consumer Arbitration Board. In 2024, the upper limit for applications to the Consumer Arbitration Board has been determined as 30,000 TL. In addition, complaints can be filed through platforms such as CİMER and an investigation can be initiated regarding these practices.

Don't Remain Silent Against Abuse of Public Spaces

It is against legal regulations to use public streets, sidewalks and roads as parking areas and to charge fees for these areas. When citizens are subject to such unfair practices, they should seek their rights and prevent the use of public areas for commercial purposes. In line with your legal rights, you can get back the fees you have paid and report this situation to the relevant authorities.