Urban transformation law is a specialized branch of law that regulates all legal relationships arising in the processes of identifying, evacuating, demolishing, and reconstructing buildings that are risky or under disaster risk. Urban transformation projects carried out under Law No. 6306 on the Transformation of Areas Under Disaster Risk require a comprehensive legal infrastructure in terms of protecting the rights of property owners, ensuring fair and balanced contracts with contractors, and proper processing of title deed and permit procedures. These processes involve not only technical and administrative procedures but also potential disputes and legal risks between the parties.

 

Urban transformation practices, especially in metropolitan cities like Istanbul, increase the legal challenges that property owners, investors, and contractors may face. Issues such as disputes among property owners, breach of contract terms, complications during the evacuation process, and errors in title deed procedures can create serious problems. Therefore, working with an experienced and specialized urban transformation lawyer from the beginning of the process is crucial to prevent loss of rights and to ensure that projects proceed legally, transparently, and securely.

 

Expert legal support not only protects the rights of property owners but also allows for the identification of potential legal obstacles in advance and the implementation of necessary measures. This minimizes both financial and time losses and ensures that urban transformation projects are completed smoothly. In Istanbul’s urban transformation projects, professional legal consultancy is essential to prevent future disputes and create a secure investment environment for all parties involved.

 

At Uzunpınar & Tüfek International Law Firm, we provide professional and reliable support to our clients at all stages of the urban transformation process. Our services include:

 

1. Objections and Annulment Lawsuits Against Risky Building Determinations
Filing objections and requesting suspension of execution against “risky building” reports.

 

2. Urban Transformation Contracts (Floor-Based Construction)
Drafting contracts between property owners and contractors, ensuring contract terms are fair and balanced.

 

3. Resolution of Disputes Among Property Owners
Mediation and legal proceedings management in case of disagreements among homeowners.

 

4. Urban Transformation Rent Assistance and Rights Monitoring
Monitoring rent assistance and other rights provided by the state to evacuated property owners.

 

5. Management of Evacuation and Demolition Processes
Legal management of evacuating risky buildings, demolition procedures, and notifications.

 

6. Contract Violations and Disputes with Contractors
Legal remedies in cases where contractors fail to fulfill their obligations.

 

8. Legal Consultancy Under Law No. 6306
Legal support within the framework of the Law on the Transformation of Areas Under Disaster Risk.

 

9. Preparation and Approval of Joint Decision Protocols
Transforming majority decisions of property owners into official protocols.

 

10. Objections to Zoning Plan Changes
Legal objections to zoning plan changes within urban transformation project areas.

 

11. Establishment of New Title Deeds and Condominium Ownership
Establishing new independent units’ title deeds and condominium ownership after urban transformation.

 

FREQUENTLY ASKED QUESTIONS

 

1. What is urban transformation, and which buildings are included?

Urban transformation is the process of demolishing risky or buildings that have reached the end of their economic life and replacing them with safe and modern structures. Under Law No. 6306, buildings identified as “risky” through a technical report fall under the scope of transformation. This determination is made by authorized institutions under the Ministry of Environment, Urbanization, and Climate Change. Urban transformation is crucial for both safety and urban renewal.

 

2. How is a risky building identified, and who can apply?

Risky building identification is conducted through technical inspections by licensed institutions. One of the property owners or an authorized representative can apply for a risky building assessment. After the report is prepared, property owners are notified via the land registry office. There is also a right to object to the risky building determination.

 

3. How are decisions made in urban transformation?

Under legal regulations, a simple majority is now sufficient to start the transformation process. If more than half of the property owners approve, the process can proceed. However, dissenting property owners have the right to file an annulment lawsuit. Legal counsel is important to ensure the process is conducted properly.

 

4. How are construction permits and occupancy certificates obtained?

Construction permits are obtained from the relevant municipality before building a new structure. After construction, an occupancy permit (iskan) is issued, officially certifying the building as usable. Technical documents such as architectural plans, static calculations, and electrical and mechanical projects are reviewed during this process. Missing or incomplete documents can delay permit issuance. Lawyer and technical consultant support ensures a smooth process.

 

5. How is evacuation carried out in urban transformation?

After the risky building determination becomes final, property owners are given 60 days to evacuate. If the building is not vacated within this period, authorities may initiate demolition and evacuation procedures. Law enforcement may be involved for forced evacuation. Evacuated owners or tenants may receive rent assistance. If the procedures are not properly followed, there is a right to file a lawsuit against administrative actions.

6. What happens if there is a dispute among property owners?

Once the majority is reached, the transformation process can begin, but dissenting owners retain the right to file lawsuits. Disputes are usually resolved in court. Objecting owners must prove that the decision is procedurally or legally flawed. Otherwise, transformation decisions remain valid. Alternative solutions such as mediation can also be considered.

 

7. Is notary approval mandatory in urban transformation?

While transformation decisions and contracts do not need to be notarized, notary approval gives official validity. Notarized consent agreements among owners provide evidence in case of disputes. Notarized documents are also often required for land registration. Therefore, notary approval is recommended for legal security, even if not strictly mandatory.

 

8. Why is registration at the land registry important?

Contracts registered at the land registry are valid against third parties and protect owners’ rights. It prevents the contractor from transferring the building to others or changing the project without consent. Registered agreements also provide visibility of agreements at the land registry. Registered documents are considered stronger evidence in legal disputes, protecting owners’ rights.

 

9. How are land shares determined and distributed?

New independent units’ shares are determined based on previous ownership structure, land shares, and value assessments. Equal distribution is not applied; factors like building value, location, and floor are considered. Expert reports guide the process. Property owners have the right to object and, if necessary, go to court. Technical and legal support ensures fair distribution.

 

10. What are tenants’ rights?

Tenants do not have direct ownership rights but have certain protections. They are given a specific notice period and may benefit from government-supported rent assistance. However, tenants do not have decision-making authority like property owners. If eviction is carried out unlawfully, tenants can take legal action. Tenant rights must be protected within the legal framework.

 

11. How long does the urban transformation process take?

The process, from risky building determination to issuing new title deeds, may take approximately 12 to 24 months. The duration can vary depending on property owners’ agreement, contractor’s work pace, and possible lawsuits. Legal disputes may extend the process further. Professional consultancy helps shorten the timeline, and planning and documentation also affect the duration.

 

12. Can the urban transformation process be halted through the courts?

If the process is conducted unlawfully, property owners or interested parties can file an annulment lawsuit in administrative courts. The court may suspend the process if deemed necessary. Reasons for litigation may include unlawful risky building determinations, forgery in consent documents, or violations of ownership rights. Filing a lawsuit alone does not halt the process; a court decision is required. Professional management of the lawsuit is essential.

 

13. Why are expert reports important in urban transformation?

Expert reports are crucial for value assessment, building risk status, and land share calculations. Courts place significant weight on expert opinions. If there is an error in the report, objections can be made and a new expert requested. Reports prepared by technically unqualified individuals may negatively affect the case. Therefore, qualified and impartial experts should be selected.

 

14. Does the government have authority to intervene in the urban transformation process?

Yes, the government can supervise the transformation process and intervene if it is contrary to public interest. Risk area declarations, construction permits, and occupancy certificates are directly monitored by the authorities. The Ministry of Environment, Urbanization, and Climate Change is authorized at every stage of the process. If necessary, the process can be suspended. This oversight is essential to ensure proper execution.

 

15. What is the time limit for filing a lawsuit against urban transformation decisions?

Typically, a lawsuit against a risky building determination or administrative decisions must be filed within 15 to 30 days from notification. Missing the deadline results in loss of legal rights. Timely tracking of deadlines and proper documentation is essential. Lawyer support ensures that these rights are exercised on time.

 

16. What government support is provided for urban transformation in Istanbul?

As of 2025, property owners in Istanbul may receive up to 875,000 TRY in grants. Additionally, low-interest loans up to 875,000 TRY and relocation assistance of 125,000 TRY are available. Certain conditions also allow for rent assistance. These supports aim to encourage property owners and accelerate the transformation process.

 

17. Who is eligible for grants and loans?

To benefit from government support, you must be one of the property owners and apply for transformation. The risky building determination must be made and finalized. Applications are submitted to the Ministry of Environment, Urbanization, and Climate Change and are approved or rejected based on evaluation.

 

18. When and how is the 875,000 TRY grant paid?

Grant payments are usually made in stages during the construction process. The Ministry transfers payments to property owners or directly to the contractor based on progress reports. Payments are made incrementally according to the project’s physical progress. Official documents and technical reports must be fully submitted.

 

19. Under what conditions is the 875,000 TRY low-interest loan provided?

The low-interest loan is provided through government-approved banks, usually long-term and fixed-rate. The applicant’s financial situation is not assessed in most cases. Approved loans are used for construction costs and repaid in installments.

 

20. How to obtain the 125,000 TRY relocation support?

Relocation support is provided to property owners who evacuate their buildings after the risky building determination. Applications can be made via e-Government or in person at provincial ministry offices. Payment is made as a one-time transfer to the applicant’s bank account. Meeting deadlines is essential.

 

21. What documents are required for rent assistance?

Required documents include the risky building report, title deed, ID copy, and proof of evacuation. Bank account details and application form must also be provided. Complete documentation ensures faster processing. Rent assistance is generally paid monthly.

 

22. Can multiple owners benefit from the support?

Yes, if there are multiple owners in the same building, each can apply separately. However, only one application per independent unit is allowed. Joint owners’ applications are evaluated according to their share. The Ministry prevents duplicate applications through system controls.

 

23. Are these supports repayable?

The 875,000 TRY grant and 125,000 TRY relocation support are non-repayable. However, the 875,000 TRY low-interest loan must be repaid in installments. Grants aim to provide financial support to property owners, while loans are intended to cover construction costs.

 

24. For how long is rent assistance provided in Istanbul?

Rent assistance is generally provided for 18 months. Extension may be possible due to incomplete construction or special circumstances. The Ministry determines the duration, which is updated annually. Property owners should closely follow the process.

 

25. Is it mandatory to work with a lawyer to benefit from these supports?

Applications can be made personally, but due to numerous technical and legal details, lawyer support is recommended. Complex issues like title deed disputes, rights distribution, and contractor agreements require legal guidance. Lawyer support ensures smoother and faster processing and helps prevent loss of rights.