Law No. 6306: Urban transformation in areas under disaster risk. It has great environmental and social impacts.
Risky Building Identification
- Performed by licensed organizations
- Scientific earthquake analysis
- Property owner/user may request
- Ex officio determination by the administration
Demolition/Renovation
- Risky building demolition decision
- The owner makes an agreement (contractor with)
- New building construction
- Share/compensation to the owner
Environmental Impacts
- Change of the old neighborhood structure
- Cutting of trees
- Loss of green space
- Increase in traffic density
- Price increase (gentrification)
Landlord Rights
- Objection to risky building determination
- Objection to demolition decision
- Freedom to agree with the contractor
- 2/3 majority requirement
In Case of Non-Agreement
- Administration can make a decision by 2/3 vote
- Property owner who does not agree receives compensation
- Court remedy open
Situation of Tenants
- Temporary rental housing assistance
- Extra-contractual eviction prohibited
- Right to compensation
Supreme Court 6th HD and Council of State 6th Chamber
6. HD and the 6th Chamber request that the principles of "balance of rights" and "proportionality" should be applied in urban transformation files and that the rights of the property owner should be protected.
Real estate and environmental law lawyer is recommended.