Owners' Rights in Urban Regeneration in Türkiye: Risky Building Assessment, Majority Decisions and Remedies

If your building has been designated a "risky building" or urban regeneration is being discussed in your apartment block, it is important to know your rights as an owner and the time limits that apply. The process is governed by Law No. 6306 on the Transformation of Areas Under Disaster Risk, which was significantly amended in 2023 by Law No. 7471.

1. Risky building assessment

Under Article 3, risky buildings are primarily assessed at the owners' expense by institutions licensed by the Urban Regeneration Presidency. The Presidency or the administration may also carry out the assessment of its own motion or ask the owners to do so within a set period; if they do not, the administration does it.

The assessment is notified to the land registry within ten working days at the latest to be entered in the declarations section of the title register. A report is posted on the building, owners are notified via e-Devlet, and it is announced at the neighbourhood office (muhtarlık) for fifteen days. The assessment is deemed served on holders of real and personal rights on the last day of the announcement.

2. Objection: 15 days

Owners or their legal representatives may object to the assessment within fifteen days. Objections are decided by technical panels composed of academics appointed by universities and Ministry/Presidency staff. Because service takes effect through the muhtarlık announcement, it is important to follow e-Devlet notifications and reports posted on the building so as not to miss this deadline.

3. Majority decisions

Under Article 6, for risky buildings, decisions on merging plots, rebuilding, selling shares and redevelopment by flat-for-land or revenue-sharing arrangements are taken by an absolute majority of co-owners calculated by share. The 2023 amendment expressly provides that permits, licences and other procedures that would otherwise require all owners' consent may also be carried out on the basis of this majority decision.

Note that the majority is calculated by land share, not by number of owners.

4. Owners who do not join the decision

Owners who take the majority decision notify the offer containing the decision and terms to non-consenting owners through a notary or by a fifteen-day announcement at the muhtarlık. The notice states that if the offer is not reviewed or accepted within fifteen days, the land share will be sold under the Law.

The land share of an owner who does not accept is sold by public auction to the consenting co-owners at no less than its market value as determined by the Presidency. For risky buildings, if no sale occurs, the process is repeated until a sale is made to third parties who agree to comply with the agreement. Mortgages, attachments and usufruct on the share continue over the sale proceeds.

If a sale is annulled by court, the Law contains special rules on the former owner's position; where a judgment finds that the sale price was miscalculated, the difference is paid to the former owner by the purchasing owner.

5. Demolition

Under Article 5, agreement with owners is the primary approach. Owners are given a period not exceeding ninety days to demolish a risky building. If they do not, they are notified that the authorities will demolish it; if they still do not, eviction and demolition are carried out by the local governor. Assessment, eviction and demolition costs incurred by the administration are recovered from owners in proportion to their shares.

6. Rent assistance and temporary housing

Owners, tenants and residing holders of limited real rights of buildings vacated by agreement may be given temporary housing or business premises, rent assistance and construction aid. The procedures are set by the President; current requirements and deadlines should be checked in the latest regulations.

7. If the contractor does not start work

If, for reasons attributable to the contractor, construction has not started within one year of the agreement or majority decision, or has stopped and not continued at the required level for at least six months, owners may decide by majority by share to terminate the contract and apply to the Presidency for a determination. If the contractor does not start within the thirty days given by the Presidency, the contracts are deemed terminated. Rent assistance paid by the contractor until termination cannot be reclaimed from beneficiaries.

8. Filing deadline: 30 days

Actions against administrative acts taken under the Law may be filed in the administrative courts within thirty days of notification, shorter than the general sixty-day period. A partition action may also be brought over land remaining after demolition, but it does not prevent majority decisions or action taken under them.

Conclusion

Rights in urban regeneration largely depend on short deadlines and service by announcement. Carefully reviewing the offer, the allocation of shares, delivery dates, rent assistance and guarantees before signing a contract is important to prevent future disputes.

This article is for general information purposes only and does not constitute legal advice.