New law aims to speed up urban transformation process

ANKARA

The parliament has approved a law that aims to speed up the process of urban transformation in areas that face earthquake risk.

"Law on the Amendment of the Law on the Transformation of Areas under Disaster Risk and Certain Laws and the Decree," approved by the parliament on Nov. 8, introduces new procedures in the annulment lawsuits filed against administrative actions based on damage assessment reports, except for the transactions regarding the ownership of rights, provided that they are related to the damages caused by these earthquakes and subsequent earthquakes in the places that were recognized as disaster areas.

According to new regulations, the Urban Transformation Presidency will be established and organized as an administration with a special budget. An arrangement will be made to continue to allocate the World Bank-funded loan to the Urban Transformation Presidency.

The identification of at-risk buildings can be made ex officio by the Urban Transformation Presidency or the administration. As it has been found in practice that some owners or lessees prevent officials from identifying dangerous buildings and do not allow them to take samples from their own independent units for identification, it will be possible to identify dangerous buildings with the help of law enforcement force, based on the written permission to be given by the local administrative supervisor, if necessary.

The duties and powers given to the Environment, Urbanization and Climate Change Ministry regarding the demolition of risky buildings will now be exercised by the Urban Transformation Presidency. Owners will be given a maximum of 90 days to demolish risky buildings 

In urban transformations, all works and transactions, including obtaining a building permit, may be carried out on the basis of a decision taken by the absolute majority of the owners in proportion to their shares. The decision taken and the proposal containing the terms of the agreement shall be notified to the unit owners who did not participate in the decision by the unit owners who took the decision with a simple majority, through a notary public. The costs of identification, evacuation and demolition of the risky building, made or commissioned by the presidency or the administration, will be collected from the owners in proportion to their shares.

Entitlement studies will be carried out through flat for land, revenue sharing and similar procedures, taking into account the value of the existing immovable property of the right holder and the value of the housing or workplace to be given to the right holder in the new structure.

If it is necessary for the right holder to borrow, a contract will be made with the right holder at the borrowing price, and the title deed will not be transferred without full payment of the borrowing price.

The law will change the definition of "Reserve Construction Area." The “Reserve Construction Area” was defined as areas designated for use as new settlement areas. In some court cases, it was determined that the definition did not include areas that were already residential areas, paving the way for plots in residential areas to be designated as reserve construction areas.