Urban Regeneration Law
Urban regeneration law governs the renewal of buildings and areas at risk of disaster. Our office provides litigation and advisory services to owners and tenants in matters under Law No. 6306 on the Transformation of Areas under Disaster Risk, including relations with contractors.
Main topics
- Objections to and annulment actions against risky building determinations
- Majority decisions of co-owners and the rights of owners who do not join them
- Disputes over the sale and valuation of land shares
- Drafting flat-for-land construction agreements within urban regeneration
- Termination where the contractor fails to start or abandons the work
- Eviction, rent assistance and the rights of tenants
General information on the process
The urban regeneration process usually begins with a risky building determination. As a rule, the determination is carried out by licensed institutions at the owners' request; the result is recorded in the land registry and notified to the owners. The owners must then decide on demolition, how the new building will be constructed and the agreement to be made with the contractor.
Time limits for challenging administrative acts in this process are short. Actions against acts issued under Law No. 6306 may be filed before the administrative courts within thirty days of notification. The agreement with the contractor is the most important step; the delivery date, the allocation of independent units, rent assistance and securities should be clearly set out.
Guide
How can a risky building determination be challenged?
The determination is announced to owners through a report posted on the building, a notification via e-Devlet and a fifteen-day announcement at the neighbourhood office (muhtarlık); the last day of the announcement counts as the date of notification. Owners or their legal representatives may object within fifteen days. Objections are decided by technical panels composed of university faculty members and representatives of the administration.
What majority do owners need to decide?
For parcels with risky buildings, decisions on reconstruction, flat-for-land agreements and similar matters are taken by an absolute majority of co-owners in proportion to their shares. The decision and its terms are notified to owners who did not join it, through a notary or by announcement at the neighbourhood office. If those owners do not accept the offer within fifteen days, their land shares may be sold under the procedure set out in the Law, at no less than market value.
What if the contractor does not start the work?
If, for reasons attributable to the contractor, construction has not started within one year of the decision, or the work has not been carried on with adequate crew and equipment for at least six months, owners may decide on termination by an absolute majority in proportion to their shares. An application is then made to the Presidency; if the situation is confirmed, the contractor is given thirty days, and if work does not start in that period the agreements are deemed terminated.
The information in this section is general in nature and does not constitute legal advice. The specific circumstances of each case must be assessed individually.