Urban transformation is an issue that has frequently occupied the agenda in Turkey in recent years. This concept gained an official framework with the "Law No. 6306 on the Transformation of Areas Under Disaster Risk". The first article of this law states that the main purpose of urban transformation is to make risky buildings in or outside areas under potential disaster threat safer and more durable.
What is the Difference Between Risky Area and Risky Building?
The "risky area" defined by the law refers to areas that pose a danger to life and property safety due to potential natural disasters, either due to ground properties or the condition of the structures on them, and are therefore determined by the President. "Risky building" includes buildings that have exceeded their useful life or are likely to be seriously damaged.
The Beginning of the Urban Transformation Process: Risky Building Identification
The first stage of the urban transformation process begins with the identification of buildings at risk. This determination is made through the institutions determined in accordance with the Implementation Regulation of Law No. 6306.
Risky Structure: Definition and Characteristics
In order for a building to be included in urban transformation, it must either have exceeded its economic life or be at serious risk of damage. However, this determination must be made based on scientific and technical data.
Risky Building Detection: Who Can Apply for Which Buildings?
Risky building detection is generally made for buildings where people live or store materials. However, buildings that are still under construction or abandoned are excluded from this determination. The right to request determination generally belongs to the building owners or legal representatives. If there is a building specified in the land registry on a land and this building belongs to someone else, the owner of this annotation has the authority to request a risky building determination.
The process of determining the risky structure is carried out through the Ministry of Environment, Urbanization and Climate Change, local municipalities, special provincial administrations or organizations authorized by the Ministry. Concerned individuals may apply to these authorized bodies and request an evaluation of whether their structures are at risk.
In some cases, the Ministry or the relevant Administration may request the owners of the building or their legal representatives to carry out a risky building assessment within a certain period of time. If this evaluation is not made within the specified period, the ministry or the Administration directly undertakes this evaluation. The Ministry may also grant time to the Administration to make this evaluation when deemed necessary.
If the risky building assessment is carried out directly by the Ministry or the Administration, without being made by the building owners, the costs of this process are shared by the building owners. These expenses must be paid within the specified period, otherwise they will be collected by the tax office or the Administration.
Objection and Application Process Against Risky Building Detection
Once a building is determined to be risky, a note stating this is added to the land registry and the relevant building owners are notified. The notification states that an objection can be made against the risky building assessment within a certain period of time. Owners or their legal representatives may submit these objections to the relevant directorate in the region where the building is located or to the Administration in case of transfer of authority. Objections are generally evaluated through the Infrastructure and Urban Transformation Directorate. If this directorate does not exist, the Provincial Directorate of Environment and Urbanization manages this process.
The technical committee formed by the Ministry looks at risky building objections objectively. This delegation is not limited to the reasons stated in the petition, but evaluates the entire situation from a broad perspective. As a result of the findings of the technical committee, it is decided whether the structure is risky or not. The delegation may make on-site inspections of the building. However, when making the final decision, the condition of the structure on the date the risk was detected is taken into account. These results will be communicated to the objecting building owner. After the decision of the technical committee, no re-examination will be made for the same structure.
Legal Objection Ways Against Risky Building Detection
According to Article 125 of the Constitution of the Republic of Turkey, judicial action may be taken against all activities and decisions taken by the administration. Since the determination of a risky building is also an administrative decision, you can apply to the administrative judicial authority to cancel this determination. Article 6/9 of Law No. 6306. According to the article, an annulment lawsuit can be filed with the administrative court in the region where the relevant building is located within 30 days from the notification of the risky building determination decision.
Only individuals whose direct interests have been harmed can file a lawsuit against the risky structure determination decision. In this context, the owners of the building or those who have limited real rights can use this right. However, there are different interpretations of tenants' right to sue. In many decisions of the Council of State, it has been stated that tenants do not have the capacity to be a party to such cases. However, some decisions of the Council of State Administrative Case Chambers indicate that tenants can also object to the risky building determination.
If the court decides to stay the execution during the litigation process, the demolition and urban transformation processes will be suspended until the final decision is made. If the court cancels the risky building determination decision, this means that the building does not pose a risk and the urban transformation process ends.
Evacuation of Risky Structure and Demolition of Risky Structure
After official confirmation of the status of a building identified as a risky structure, the authorities grant the owners of the building a period of sixty days or more to evacuate and dispose of the building. Building owners must vacate and demolish the building during this period. In addition, those who rent the building or other people who have limited real rights are also required to vacate the building. An official notification is made by the owners to the tenants and limited real rights owners to vacate the risky building. If the building owners do not make this notification, this notification will be made by the authorities.
During the specified period, it is inspected on-site to see whether the risky structure has been demolished or not. If the building is not demolished by its owners, a warning is given that the building will be demolished by the authorities and an additional period of thirty days or less is given. If the building is not demolished within this additional period, the electricity, water and natural gas supply to the building will be cut off. Evacuation and demolition of risky buildings that are not demolished by their owners are carried out or ensured by the Administration with the support of local authorities.
Reconstruction to Replace the Risky Structure
After the removal of a risky structure, building owners can decide to build a new structure with at least a two-thirds majority in proportion to their share. This decision, together with the terms of the agreement it contains, is notified to shareholders who are not involved in the decision. It is expected that this agreement offer will be accepted within fifteen days from the notification. The land shares of shareholders who do not accept are offered for sale by auction to other shareholders who participate in the decision, according to the market value determined by the Ministry, at least at this value.
With this decision, building owners can sign an agreement with contractors to build a new building. The contractor is obliged to start and complete the construction in accordance with the agreement. However, in practice, situations may occur where some contractors do not start work on the agreed schedule or do not complete the construction within the specified time. Building owners have rights and legal remedies they can apply in such situations.
Support to be Provided to Rights Owners
As a result of the agreement, monthly rental assistance will be provided to the owners of the buildings in the evacuated area within the period determined by the Ministry, starting from the date of evacuation or demolition.
If the beneficiaries of residences and workplaces designated as risky buildings want to benefit from rental assistance, they must apply to the relevant Directorate or Municipality in the city where these buildings are located. This application must be made either within one year from the date of eviction or within three months from the date of demolition.
Owners of buildings, tenants or people with limited real rights on the building can apply for this rental assistance. While there is no residence requirement for rental support to be given to owners, tenants and limited real rights holders must have lived in the risky building. The duration of rental assistance may vary depending on the applicant's right type. When the applications are examined by the relevant Directorate or Municipality and deemed appropriate;
A.R.A.A.D. Rental assistance is entered by the relevant Directorate and the Municipality through the Information System.
Rental assistance is provided to residence or business owners for a total of eighteen months in the amount approved by the Ministry.
Two months' rental assistance is paid at once to tenants living in a residence or workplace, based on the monthly rental assistance amount determined for owners in the relevant region
Five months of rental assistance is paid at once to those residing in a residence or workplace as limited real rights holders, based on the monthly rental assistance amount determined for owners in the relevant region.
Rental assistance can be provided for only one type of independent section per owner. In this context, owners' applications for rental assistance for a different type of residence and a workplace will be taken into consideration.
An individual who previously benefited from rental assistance as a tenant or limited real right owner can apply for rental assistance as an owner due to its risky nature. In this case, the two months of rental assistance previously received as a tenant will be deducted from the total eighteen months of rental assistance to be received as an owner. Similarly, the five months of rental assistance previously received as a limited real right holder is deducted from the total eighteen months of rental assistance to be received as an owner.
An owner and a tenant or limited real rights owner living in a risky building can apply for rental assistance for the same independent section. In this case, if the conditions are met, both the owner and the tenant or limited real right owner living in the risky building can benefit from rental assistance.
If an independent section of the risky building is sold at a date after the Building Identification Number is obtained, the new owner can apply for rental assistance. However, the original owner must not have benefited from rental assistance on the date the Building Identification Number was obtained. "If the original owner sells the risky independent section after applying for rental assistance or after the payments have started, rental assistance payments are made to the original owner."
Frequently Asked Questions About the Urban Transformation Process
What About Risky Buildings?
If a building determined as a risky building is not evacuated and demolished within the specified period, the water, electricity and natural gas connections of this building will be cut off.
How Long Should the Building Determined as a Risky Building Be Evacuated?
If a building is determined to be risky, the building's residents will be given at least sixty days by the administration. During this period, the building is expected to be evacuated. If the building is not evacuated within the specified period, the administration may grant an additional thirty days.
Is there a requirement to have a lawyer in Administrative Courts?
In Turkish law, individuals have the right to personally defend or represent their rights in court. Therefore, except for some special cases, there is no obligation to hire a lawyer in Administrative Courts. However, considering the complex structure of Administrative Law and the characteristics of the administrative justice process, the guidance of a lawyer specialized in administrative law is highly recommended in order to avoid possible mistakes during the litigation process.
Is There Financial Support During the Demolition and Evacuation Process?
- Yes, financial support is provided during the demolition and evacuation process.
- The owner of the building can receive rental assistance for 18 months.
- Tenants and limited real rights holders can also receive rental assistance, but the payment amount and duration vary.
How to Apply for Rental Assistance?
- Applications must be made to the Directorate or Municipality in the province where the risky structure is located.
- Application deadlines are determined according to the date of evacuation or demolition.
How to Provide Rental Assistance in Case of Multiple Risky Buildings?
- For buildings of the same type, rental assistance can only be received on behalf of one independent section.
- Rental assistance applications can be made separately for different types of buildings (for example, a residence and a workplace).