What is Urban Transformation and Why is it Important?

Urban transformation refers to the redevelopment of areas containing risky buildings or structures that have completed their economic lifespan, in a way that does not threaten life and property safety. This process involves not only the renewal of buildings but also a comprehensive transformation that includes infrastructure, social facilities, and environmental arrangements. The aim is to create safer, more livable, and modern cities. The Law No. 6306 on the “Transformation of Areas Under Disaster Risk” specifically forms the legal framework for this process.

How is a Risky Building Identified?

The urban transformation process usually begins with the identification of a building as “risky.” The identification of a risky building proceeds as follows:

1. Upon Request or Ex Officio: Property owners, their representatives, or directly administrations such as the Ministry of Environment, Urbanization and Climate Change or municipalities, can apply to licensed organizations to determine if a building is risky.
2. Inspection by Licensed Institutions: Institutions licensed by the Ministry (universities, municipalities, private companies, etc.) examine the building’s earthquake risk, its load-bearing system, and overall durability.
3. Preparation of the Risky Building Report: If the building is found to be risky as a result of the inspection, a report is prepared and submitted to the relevant authorities.
4. Notification to the Land Registry Directorate and Annotation: The determination of a risky building is noted in the land registry, making it public for all property owners.

At this stage, property owners have the right to object to the risky building determination. An objection petition can be submitted to the relevant administration within 15 days from the date of notification.

Legal Rights of Property Owners in the Urban Transformation Process

After a risky building is identified, the rights of property owners and the steps they need to follow are of great importance:

• Demolition Process and Eviction: Buildings identified as risky must be evacuated and demolished. Property owners are given a specific period for evacuation. Buildings not evacuated within the determined period are demolished by the administration.
• Reconciliation Based on Land Share: After demolition, property owners must reach an agreement for the construction of a new project with at least a 2/3 majority (a simple majority may be sufficient in risky areas). This agreement typically covers issues such as the selection of a construction company, the features of the new building, apartment allocation, and so on.
• Sale in Case of Disagreement (Shuyulandırma): If a 2/3 majority is not achieved or if there are dissenting property owners, their land shares may be sold through an auction to other property owners or third parties. They also have the right to object to this sale.
• Rent Assistance and Loan Support: Property owners whose homes are demolished under urban transformation may be provided with rent assistance or interest-subsidized loan opportunities under certain conditions. These supports are managed by the Ministry of Environment, Urbanization and Climate Change.
• Right to Legal Support and Consultancy: Due to the complexity of the process, property owners have the right to seek legal support. Obtaining legal advice on matters such as drafting agreements, objection processes, and filing lawsuits is crucial.

Reconciliation and Resolution of Disputes

One of the most critical stages in urban transformation is achieving reconciliation among property owners. Reconciliation usually occurs with the signing of a contract with a contractor firm for the construction of a new project. In these contracts, details such as the construction period, apartment square meters, common areas, occupancy permit process, and delivery terms should be clearly defined.

If disputes arise among property owners, solutions include:

• Negotiation and Mediation: Mediation can be attempted to find common ground.
• Litigation: If disputes cannot be resolved, legal avenues such as lawsuits for cancellation of title deeds and registration, unfair occupancy (ecrimisil) lawsuits, or administrative annulment lawsuits may be pursued.

Conclusion

Urban transformation is an essential process for our cities to become safer and more resilient. However, it is paramount for property owners to know their rights and take the correct steps during this process. The identification of risky buildings, reconciliation processes, legal supports, and the resolution of potential disputes are significant aspects of urban transformation. Considering the complex legal structure of urban transformation and the potential risks at every stage, it is advisable to seek support from a professional specialized in real estate law to prevent loss of rights and to manage the process effectively.