The “Law on the Amendment of the Law on the Transformation of Areas Under Disaster Risk and Certain Laws and Decree Law No. 375”, which includes regulations on urban transformation and was adopted by the General Assembly of the Turkish Grand National Assembly, was published in the Official Gazette.
The new law aims to speed up the urban transformation process. According to the current law, the consent of at least two-thirds of the owners in proportion to their shares is required for a building to be subject to urban transformation. Now, an absolute majority will be required, including for obtaining a building license.
Damage assessments can be made within 15 days and expert reports can be objected to within 7 days. The ministry will be authorized to demolish risky buildings.
The Urban Transformation Presidency was established to carry out urban transformation in consideration of disaster risk.
The Presidency can determine risky buildings ex officio or ask the owners or their legal representatives to do so by giving a deadline.
Provided that it is related to the damages caused by the earthquakes, the first examination will be made within 10 days in the annulment lawsuits filed against the administrative actions taken based on the damage assessment reports, except for the transactions regarding the ownership of rights, and the petition and annexes will be notified.
WHAT WILL THOSE WHO CANNOT AFFORD IT DO?
Within the framework of the ‘Half of it is on us’ campaign, the state will help those who cannot afford it. The regulation will speed up notification and detection processes. In the determination of risky buildings, even if the homeowner is not in his/her residence, a determination can be made by law enforcement.
HOW WILL THE LEGAL PROCESS WORK?
The report containing the information regarding the determination of the risky building will be posted on the risky building, the owners will be notified via the e-devlet portal, and it will be announced in the relevant mukhtar’s office for 15 days. The last day of the announcement of the minutes containing the information regarding the determination will be deemed to have been notified to the right holders.
In order for real or private legal entities to request the designation of their immovable properties as reserve construction areas, they will have to consent to the transfer of ownership of 30 percent of the land square meters of these immovable properties based on construction, or the value of the same amount will have to be given to the Urban Transformation Presidency to be recorded as income to the special account for transformation projects.
The duties and powers given to the Ministry regarding the restriction of zoning and construction rights and the suspension of services such as electricity, water and natural gas provided to the buildings in the area during the implementation period will be used by the Urban Transformation Presidency.
WHAT HAS CHANGED WITH THE NEW LAW?
- After the demolition of the structures within the scope of the law, a lawsuit can be filed for the elimination of the partnership in the immovable that has become land. However, these lawsuits will not prevent the shareholders from taking a decision with an absolute majority and taking action according to this decision.
- Entitlement studies can be carried out by taking into consideration the value of the existing immovable of the right holder and the value of the residence or workplace to be given to the right holder in the new structure, or it can also be carried out through flat for flat, revenue sharing procedures. The independent unit will not be transferred to the right holder in the title deed until the entire borrowing amount is paid.
- Until January 1, 2028, in places deemed to be disaster areas affecting general life due to the earthquakes that occurred on February 6, 2023, until January 1, 2028, experts who meet the minimum requirements but who are not included in the relevant expert lists can also be appointed in the works, cases, investigations and prosecutions related to these earthquakes and subsequent earthquakes.
- An amendment is being made to ensure that the duties, rights and powers regarding the determination of risky buildings and the allocation of Treasury immovables to the Ministry for evaluation will be exercised by the Urban Transformation Presidency from now on. Accordingly, the determination of risky buildings can be made ex officio by the Urban Transformation Presidency or the administration. Since it is seen in practice that some owners or tenants are prevented from determining the risky building and are not allowed to take samples from their own independent units for determination, it will be possible to determine the risky building by opening closed doors or areas with sufficient law enforcement force based on the written permission to be given by the local administrative authority if necessary.
The report containing the information regarding the determination of the risky building will be posted on the risky building, the owners will be notified via the e-Government Gateway and it will be announced in the relevant mukhtar’s office for 15 days. The last day of the announcement of the minutes containing the information regarding the determination will be deemed to have been notified to the right holders