Turkey:
New Provisions For Entertainment Venues And Outdoor Events
To print this article, all you need is to be registered or login on Mondaq.com.
The Regulation on the Amendment of the Regulation on the
Evaluation and Management of Ambient Noise entered into force by
being published in the Official Gazette dated 7 January 2022 and
numbered 31712. The regulation brought important provisions on
entertainment venues and outdoor activities within the scope of
noise pollution.
What does the Regulation say?
The Regulation on the Evaluation and Management of Ambient Noise
(“Regulation“), defines four main types
of areas that are named “very sensitive,”
“sensitive,” “less sensitive,” and “not
sensitive” and it is obligatory for businesses and facilities
operating near, adjacent to, below or above these areas to comply
with the noise standards stipulated for these areas. The rules to
be complied with in accordance with the new provisions are
explained in the table below in comparison with the provisions
before the amendment:
|
|
Outdoor1and
Semi Outdoor2 Entertainment Venues |
Outdoor
Shows |
||
|
|
Before the amendment |
After the amendment |
Before the amendment |
After the amendment |
|
Very Sensitive Usage This refers to areas that are used as housing, inpatient health institutions, children’s and elderly care homes, boarding education institutions and student dormitories. |
Live music could not be played between
midnight and 7 am. |
Open and semi-open entertainment venues cannot be set up. Live music cannot be played without any time limits. Open and semi-open entertainment venues in these areas need to
The Regulation had the same restrictions before the 2015 amendments. |
Prohibited between midnight and 7 am in very sensitive usage areas. |
Prohibited without any time limits if the noise is at a level that may disrupt the very sensitive usage areas. |
|
Sensitive Usage This refers to areas where accommodation facilities that offer a bed service, educational institutions and religious facilities are located. |
No changes. |
No limitations. |
Prohibited between midnight and 7
am. |
|
|
Less Sensitive Usage This refers to areas with usages such as administrative and commercial buildings, children’s parks, playgrounds and sport facilities. |
No changes. |
No limitations. |
||
|
Not Sensitive Usage |
No changes have been made regarding these
areas, which represent areas and uses that can be a source of noise, such as car parks, garages, entertainment venues and industrial facilities. |
|||
In addition to the amendments provided in the table above, the
provision that empowers the inspecting personnel or unit to decide
which sanction (such as time limitations or closure) will be
applied in cases where violations are detected has also been
repealed by this amendment.
Conclusion
The amendment of the Regulation likely aims to differentiate
environmental noise limitations between very sensitive and
sensitive areas of use. However, it is important to note the issues
on enforcement of the previous regulations (can be found here in Turkish) and the judicial
decision that ruled the annulment of these regulations.
4 In light of past experience, how
the new Regulation will have an impact in practice will be
important in the future for stakeholders.
Footnotes
1. Outdoor Entertainment Venue: This
refers to entertainment venues that allow sound to pass directly
into the atmosphere from all facades.
2. Semi-outdoor Entertainment Venue: This
refers to entertainment venues that have at least one facade or an
open top, or whose building element is portable or can be opened
and closed with openings that allow noise to pass directly to the
atmosphere (doors, windows, ventilation, etc.)
3. Indoor Entertainment Venue: This
refers to entertainment venues where all the facades and the roof
are closed by construction materials (concrete, brick, glass etc.)
and where precautions are taken to prevent the direct passage of
sound to the atmosphere from doors, windows and similar
openings.
4. Republic of Turkey Council of State 14th Division’s
decision numbered E.2011_13995 K.2013_7052 and dated 23 October
2013 (accessible by the link in Turkish): https://legalbank.net/belge/d-14-d-e-2011-13995-k-2013-7052-t-23-10-2013-cevresel-gurultunun-degerlendirilmesi-ve-yonetimi-yonet/1501686
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Media, Telecoms, IT, Entertainment from Turkey
