Law No. 6306 regulates the renewal process of buildings against earthquake and other disaster risks. It is of vital importance because Türkiye is located in the earthquake zone.
Risky Building Detection
One or more of the property owners can have risky structure detection performed by applying to licensed organizations. The detection report is submitted to the Ministry of Environment, Urbanization and Climate Change for approval.
Objection Period
An objection can be made to the Ministry or through the judiciary within 15 days following the notification of the risky building decision.
Demolition and Reconstruction
Owners of buildings whose risky building decision has been finalized are given a period of evacuation within 60 days. The construction method (urban transformation contract) is determined by 2/3 majority of the owners.
Financial Support
- Rent assistance: Temporary rental support after demolition
- Interest support:Housing loan subsidized by the state
- Tax exemption: Title deed fee, VAT reduction
2/3 Situation of Anti-Majority Owners
The shares of the owners who do not participate in the majority decision are purchased by the majority at the market price determined by the CMB licensed valuation company. If an agreement cannot be reached, it will be sold via auction.
Supreme Court 6th and 14th HD Approach
The 14th Supreme Court of Appeals accepts that the "risky building" decision in urban transformation files is technical and that judicial review will be based on legality, not on merits. Proper preparation of the technical report is the basic control element.
Frequently Asked Questions
My neighbor does not participate in the conversion, what can I do?
If the 2/3 majority condition is met, the opposing owner's share is purchased at current value. If no agreement is reached, the administrative process begins.
How much is the rental assistance?
Determined according to regional comparable rental values; Monthly payments are usually made for 6-18 months.
Court in Charge
Cancellation cases are heard in the administrative court, and share sale disputes are heard in the civil court of peace.
Urban transformation is a sensitive legal process; Protect your rights with real estate law lawyer.