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Objection to Risky Building Determination, Notification of the Risky Building Report, and Other Related Procedures

Objection to Risky Building Determination, Notification of the Risky Building Report, and Other Related Procedures

Under the risky building assessment process carried out pursuant to Law No. 6306, a majority vote of the condominium owners is not required in order to initiate a building risk assessment. The application of a single property owner to a licensed institution, together with the title deed and identification documents, is sufficient. The costs of the assessment are generally borne by the owner who requests it; however, if the assessment is conducted ex officio by the administration, the costs are apportioned among all owners in proportion to their land shares. With respect to the reporting and objection procedures, as a general rule, only one risky building assessment report may be issued for each building. After the report is submitted to the Land Registry, notification is made by posting the notice on the building, publishing it through the e-Government system (e-Devlet), and announcing it at the local headman's office (Muhtarlık). Property owners may file an objection with the Urban Transformation Presidency within fifteen days from the date of notification or bring an annulment action before the administrative court within thirty days. Buildings for which no objection is filed, or..

Administrative Termination of a Construction Contract in Urban Transformation Projects

Administrative Termination of a Construction Contract in Urban Transformation Projects

As Uzunpınar & Tüfek International Law Firm, we provide comprehensive and professional legal services to our clients in matters concerning the administrative termination of construction agreements, which frequently arise in practice within the scope of urban transformation law, construction law, and real estate law disputes. Particularly in urban transformation projects carried out under Law No. 6306 on the Transformation of Areas Under Disaster Risk, the termination of construction agreements due to a contractor’s failure to fulfill its contractual obligations may lead to significant legal consequences for property owners, contractors, and public authorities alike. Accordingly, it is of utmost importance that the legal conditions for termination are properly assessed, that the application process is conducted in compliance with the relevant legal requirements, and that any resulting disputes are managed effectively. In this article, we will examine in detail the conditions under which a construction agreement may be terminated by the administration pursuant to Law No. 6306, the applicable application procedure, the calculation of the relevant statutory periods, and the legal i..

Conditions, Time Limits, and Methods of Proof in an Action for Recovery of Property (Istihkak Claim)

Conditions, Time Limits, and Methods of Proof in an Action for Recovery of Property (Istihkak Claim)

An action for recovery of property (istihkak claim) is a lawsuit filed when it is alleged that an asset seized during enforcement proceedings does not belong to the debtor but to a third party. In other words, a third party who claims ownership or another real right over the seized property files an action for recovery of property in order to protect that right.     ..

Inheritance Transfer for Foreign Nationals in Turkey

Inheritance Transfer for Foreign Nationals in Turkey

The transfer of inheritance for foreign nationals is a multi-faceted process that must be evaluated within the framework of both Turkish law and the foreign legal systems to which the heirs are subject. The determination of the applicable law, the certificate of inheritance, and transactions concerning immovable property are of great importance for the proper conduct of the process. For this reason, inheritance transfer procedures involving foreign nationals require a careful approach that addresses both their legal and administrative aspects together. ..

Dissolution of Joint Ownership (Izale-i Shuyu) Lawsuit

Dissolution of Joint Ownership (Izale-i Shuyu) Lawsuit

Dissolution of joint ownership (izale-i shuyu) lawsuits are significant legal processes that aim to eliminate uncertainty and de facto disputes among co-owners in immovable properties subject to shared ownership or joint ownership. The options of dissolving the joint ownership through partition in kind or through sale must be carefully evaluated in line with the nature of the immovable property and the interests of the co-owners. For this reason, izale-i shuyu lawsuits are among the types of cases that have both technical and legal aspects and require meticulous planning from the very beginning of the process...

Land Share Adjustment Lawsuit

Land Share Adjustment Lawsuit

Land share adjustment lawsuits are of great importance in ensuring the principle of fair distribution in immovable properties subject to condominium ownership Land shares that are determined in a manner incompatible with the location size and characteristics of independent units may over time lead to serious loss of rights and disputes For this reason lawsuits concerning the adjustment of land shares are among the types of cases that require technical examination and legal evaluation to be carried out together and demand careful attention and expertise..

Fraudulent Inheritance Lawsuit

Fraudulent Inheritance Lawsuit

Fraudulent inheritance (muris muvazaası) lawsuits are of great importance within inheritance law for protecting the rights of heirs. These lawsuits aim to determine when the deceased’s assets were disposed of contrary to their true intent and to render transactions that resulted in unjust enrichment invalid. As Uzunpınar & Tüfek International Law Firm, our experienced team carefully manages every stage of the legal process in fraudulent inheritance lawsuits, ensuring that your heirs’ rights are fully protected...

Title Deed Cancellation and Registration Lawsuit

Title Deed Cancellation and Registration Lawsuit

Disputes concerning immovable property ownership are serious legal processes that directly affect the right of ownership which is one of the most fundamental rights of individuals Erroneous or unlawful transactions recorded in title deeds may lead to consequences that are difficult to remedy at later stages therefore such disputes must be handled with great care..

Unjust Enrichment (Ecrimisil) Lawsuit

Unjust Enrichment (Ecrimisil) Lawsuit

Ecrimisil lawsuits are among the significant ownership disputes that arise when an immovable property is used unlawfully and without the consent of the rightful owner. The determination of unlawful use, the duration of such use, and the calculation of the compensation that may be claimed require the legal and technical aspects of the process to be evaluated together. For this reason, ecrimisil lawsuits must be handled within the framework of a careful legal approach that requires full command of the relevant legislation and the proper presentation of evidence in order to prevent any loss of rights...

Permission to Show the Leased Property Lawsuit

Permission to Show the Leased Property Lawsuit

Permission to Show the Leased Property lawsuits are among the special types of disputes aimed at preserving the balance of interests between the parties throughout the continuation of the lease relationship. Where the showing of the leased property to third parties for legally valid reasons such as sale or re-leasing is obstructed, the conditions under which this right may be exercised must be carefully assessed. For this reason, permission to show the leased property lawsuits constitute legal processes that must be addressed within the framework of lease-specific regulations, with due regard to the principles of proportionality and necessity...

Investment Consultancy

Investment Consultancy

  Reliable, comprehensive, and strategically planned legal consultancy is essential for individuals and institutions planning to invest both in Turkey and abroad...

Urban Transformation Law

Urban Transformation Law

  Urban transformation law is a specialized branch of law that regulates the legal relationships arising in the processes of identifying, evacuating, demolishing, and reconstructing buildings at risk of disasters..

Real Estate Law

Real Estate Law

  Real estate law is the branch of law that covers all transactions related to immovable properties such as land, plots, residences, and commercial properties, as well as the disputes that may arise from these transactions...