Urban Transformation Law

Urban Transformation Law; Law No. 6306 on the Transformation of Areas under Disaster Risk was adopted on 16/5/2012. The urban transformation law is rapidly being implemented in our country, especially in the provinces where the earthquake danger is high. Our law firm, with its professional team in the field, answers all kinds of questions of its clients about the buildings located on risky areas or the risky structures outside this area, supports the owners in the contract processes from the very beginning to the end of the process, participates in the negotiations, and provides consultancy services in this regard by considering the interests of the owners in the most accurate way.

Our team provides legal services to its clients as an urban transformation lawyer and expropriation lawyer in all kinds of litigation, including tenant rights, objection rights of building owners or relevant legal representatives, administrative lawsuits to be filed in relation to this, and property rights guaranteed by the Constitution within the scope of urban transformation.

Urban transformation law is a field that constitutes the legal infrastructure of projects carried out to increase the livability in cities and to meet social and economic needs. Transformation projects often target old structures, risky areas or idle areas and require a comprehensive management process.

Important issues related to urban transformation law:

1. Definition and Purpose:

– Urban transformation is the planning and construction activities carried out with the aim of improving the existing building stock, increasing energy efficiency, strengthening social infrastructure and modernizing urban areas.

2. Application Areas:

– Urban transformation is generally applied in risky areas (disaster-risk areas), historical buildings or socio-economically disadvantaged areas.

3. Planning Process:

– Urban transformation projects are carried out within the framework of strategic plans determined by municipalities. In this process, landscaping, zoning plans and public space arrangements should be taken into account.

4. Privatization and Expropriation:

– If a consensus cannot be reached with the property owners for urban transformation projects, expropriation procedures may come into play. Expropriation encompasses the right of the state to confiscate the property of individuals and integrate them into the project.

5. Proprietary Rights:

– The rights of property owners over their own properties regarding urban transformation projects include many elements such as participation, compensation and cost sharing.

6. Urban Transformation Regulation:

– Urban transformation practices in Turkey are regulated by the “Urban Transformation and Development Type Law” enacted in 2012 and related regulations. In these documents, the purpose, process and operations are clearly defined.

7. Urban Transformation Projects and Project Owners:

– Although projects are generally carried out with the cooperation of the public and private sectors, it is important that all relevant parties (architects, engineers, property owners, public institutions) are jointly involved in the process.

8. Legal Disputes:

– Legal problems that may arise during the urban transformation process generally focus on the scope of the project, disputes between the property owner and the contractor. Therefore, preventive measures should be taken so that disputes do not go to the courts.

9. Environmental Impacts:

– The reflections of urban transformation projects on environmental impacts should be analyzed with environmental assessments and a sustainable and nature-friendly approach should be demonstrated.

10. Monitoring and Evaluation:

– The feasibility and results of the projects should be monitored and evaluated at regular intervals. These processes aim to inform the public and encourage participation in urban management.

Getting professional legal support while organizing urban transformation projects will help the process to progress in a healthy way.

There are different types of lawsuits in urban transformation law and we provide professional services with our nearly 20 years of experience in all of these cases.

As Terlemez Law Firm, some of the services we offer to our Domestic and Foreign Clients within the scope of Urban Transformation Law with our expert lawyer staff;

• Conducting a preliminary assessment of your building without paying high fees to licensed organizations to determine whether your building is risky
• Providing consultancy on the determination of risky buildings without payment by the owners
• Providing expert support to the owners in the process from the detection of a risky building to the demolition of the building and moving back to your new building
• Legal follow-up of the demolition and reconstruction process after the determination of the Risky Building
• In accordance with the legislation, follow-up of works and transactions related to owners who do not consent to demolition and reconstruction processes
• Participating in meetings between construction companies, owners and apartment management meetings to show the paths that the parties should follow
• Follow-up of the cases of cancellation of the decisions taken at the meetings of the board of flat owners held in violation of the legislation regarding the urban transformation process
• Preparation of warnings that must be sent to the owners who voted negatively in accordance with the legislation
• Sending warnings against the flat owners who do not vacate the apartment in a way that prevents the demolition process, and filing and following up of recourse lawsuits by other floor owners for the damages they cause
• In line with the interviews; Creating the most suitable business and contract model for you, such as construction contract in return for flats, revenue sharing construction contracts, establishment of a joint company or cooperative
• Providing legal assistance to the owners in processes such as relocation and rental assistance
• Providing legal assistance to ensure that the contractor complies with the contract while rough construction is in progress and, if necessary, issuing a warning letter
• Revision of the contract as a result of changes in zoning status
• Preparation of contracts of flat owners and apartment management with other parties such as CMB Appraisal Company