| ONLINE CONSULTATION | İstanbul Lawyer Office

Fixtures (Muhdesat) and Actions for the Determination of Fixtures

Fixtures (Muhdesat) and Actions for the Determination of Fixtures

Actions for the determination of fixtures (muhdesat) are of significant importance, particularly in proceedings involving the dissolution of co-ownership (izale-i şuyu), urban transformation projects, and expropriation processes, as they serve to determine the ownership of structures or planted elements situated on immovable property. In practice, disputes frequently arise concerning the legal nature of fixtures, the concept of integral parts, the function of the declarations section in the land registry, the conditions for filing such actions, the burden of proof, and limitation periods.As Uzunpınar & Tüfek Law Firm, in this comprehensive study we examine the concept of fixtures in light of the Turkish Civil Code and the precedents of the Court of Cassation, the circumstances under which an action for the determination of fixtures may be filed, the rights and obligations of the parties, and the scope of claims based on unjust enrichment. In the field of real estate law, professional legal assistance is essential to prevent loss of rights in fixture-related disputes...

Tags:
READ MORE
Rental Assistance and Other Supports Provided Under Urban Transformation

Rental Assistance and Other Supports Provided Under Urban Transformation

As Uzunpınar & Tüfek International Law Office, we provide legal consultancy services to our clients regarding rental assistance, interest subsidies, and financing opportunities available to rights holders within the scope of urban transformation processes carried out under Law No. 6306. In order to encourage the redevelopment of buildings classified as risky structures, the legislation provides various financial support mechanisms, including rental assistance for property owners and, under certain conditions, tenants, assessment loans for risk determination procedures, demolition loans for the removal of risky buildings, construction loans for reconstruction projects, and interest subsidies for bank loans. Furthermore, tenants and holders of limited real rights who meet the statutory requirements may also benefit from housing or workplace allocations. In this article, we briefly examine the scope of these financial support mechanisms, the application requirements, and the key practical considerations arising within the urban transformation process...

Tags:
READ MORE
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..

Tags:
READ MORE
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..

Tags:
READ MORE
Action for the Annulment of a Demolition Decision

Action for the Annulment of a Demolition Decision

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...

Tags:
READ MORE
Action for the Annulment of a Risky Building Determination

Action for the Annulment of a Risky Building Determination

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...

Tags:
READ MORE
The Situation of Condominium Owners Who Cannot Reach an Agreement with the Contractor Within the Scope of the Urban Transformation Law

The Situation of Condominium Owners Who Cannot Reach an Agreement with the Contractor Within the Scope of the Urban Transformation Law

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...

Tags:
READ MORE
CONTRACT LAW

CONTRACT 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...

Tags:
READ MORE
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..

Tags:
READ MORE