Within the scope of urban transformation processes carried out under Law No. 6306, various financial supports are provided to right holders, including rental assistance, interest rate subsidies, building assessment loans, demolition loans, and construction loans. In addition, tenants and holders of limited real rights may also benefit from these supports, provided that certain conditions are met...
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..
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..
Actions for the annulment of a demolition decision are among the important types of lawsuits aimed at reviewing the lawfulness of administrative acts established by the administration and that directly affect the right of property. Decisions regarding the demolition of a structure are often based on technical reports and administrative assessments, and therefore this process must be carefully examined in terms of both procedure and substance. For this reason, actions for the annulment of a demolition decision stand out as an effective legal remedy against administrative acts that may give rise to irreparable consequences...
Actions for the annulment of a risky building determination concern the submission of the legality of technical determination procedures—one of the most critical stages of the urban transformation process—to judicial review. Reports regarding whether a structure is genuinely risky must be meticulously evaluated in terms of both technical data and procedural criteria. For this reason, actions for the annulment of a risky building determination are among the legal processes that require particular care and expertise, as they produce results that directly affect the right to property...
In renewal processes carried out within the scope of the Urban Transformation Law, the inability of condominium owners to reach an agreement with the contractor constitutes one of the significant areas of dispute frequently encountered in practice. Particularly after the determination of a risky building, the failure to achieve consensus between the parties raises questions regarding how the process will proceed and how rights will be protected. For this reason, in cases where an agreement with the contractor cannot be reached, the legal position of condominium owners and the legal remedies available to them must be carefully evaluated within the framework of the Law...
At Uzunpınar & Tüfek Law Firm, we provide our clients with comprehensive and reliable legal consultancy services throughout all stages of contract preparation, review, negotiation, and implementation. As Contract Law forms the foundation of both commercial and personal relations, it is of utmost importance that each contract is drafted in line with the client’s needs and legal security...
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..
