Urban Transformation Law

The concept of urban transformation was introduced to our law with the Law No. 6306 on the Transformation of Areas Under Disaster Risk. Urban transformation, which includes the solution of the problems brought about by the phenomena of urbanization and urbanization in our country, has become a concept that needs to be addressed from a legal perspective, especially with the increasing urban transformation problems and urban transformation lawsuits.

Urban transformation is the improvement, liquidation and renovation of lands and plots where there are areas under disaster risk and risky buildings outside these areas in order to create healthy and safe living environments in accordance with the norms and standards of science and art. Urban transformation is especially important in apartment buildings, sites and risky areas.

Fethiye Law Office and Mediation Center aims to provide the most accurate legal support to anyone who needs information on this subject. In our country, which has active fault lines in many regions, urban transformation projects become even more important after the recent earthquake we experienced on February 06, 2023, which resulted in the death of 46,000 citizens and the destruction of tens of thousands of buildings, affecting 10 provinces centered in Kahramanmaraş. In this way, urban development in our country, especially in big cities, can be reconsidered socially, economically and spatially, and problematic areas in the city can be made healthy and livable. In the projects and applications produced in this direction, buildings are demolished, reconstructed, revitalized, sanitized and structured.

In this process, there may inevitably be conflicts of opinion, violations of rights, and victimizations arising from mistakes in laws and regulations, both among property owners and between property owners and the institutions and organizations that will carry out renovation projects.

Pursuant to Law No. 6306 on the Transformation of Areas under Disaster Risk and the Regulation issued pursuant to this law, building owners have the right to object to the reports on the determination of risky areas and structures. The most important point to be emphasized here is that the subject of the objection of the right holders is not the content of the risk assessment report, but the risk assessment itself. Pursuant to the legislation, the right holders have the right to object by submitting a petition to the Directorate of Infrastructure and Urban Transformation or the Directorate of Environment, Urbanization and Climate Change where the risky building is located within 15 days from the notification of the risk assessment reports, and if the objection is not met, they have the right to file a lawsuit.

Fethiye Law Office and Mediation Center provides professional services to its clients in the field of urban transformation law with its experienced lawyers. Our main services in this field;

- Carrying out the necessary studies on the legal infrastructure of the building renovation activities carried out within the scope of Law No. 6306 on the Transformation of Areas Under Disaster Risk and Implementation Regulation,

- Preparation of the construction contract between the site management and the contractors, and between the condominium owners and the contractors, in such a way that the condominium owners are not victimized,

- Effective operation of the appeal mechanism to administrative authorities against the reports received within the scope of urban transformation legislation,

- Preparation of the necessary legal infrastructure for the decision-making procedure of the condominium owners and the establishment of the board of representatives in the renewal process of buildings or sites subject to urban transformation,

- Establishment of a decision-making mechanism for building retrofitting, which is accepted as an alternative to demolition in urban transformation,

- Follow-up of the lawsuits that need to be filed during the urban transformation process.