One of the most common problems in urban transformation is the inability to obtain the majority consent of the apartment owners, which causes the process to be blocked. Although the owners who oppose the decisions taken by two-thirds majority have the right to file a lawsuit, these lawsuits must be based on legal grounds. Otherwise, time and financial losses may occur. Another problem is the imbalance in contracts signed with contractors. Contracts that do not clearly regulate critical issues such as delivery periods, distribution of independent sections, penalties, and inspection mechanisms can lead to serious disputes in the future. Therefore, consulting a lawyer during the contract preparation process prevents future conflicts.
Title deed procedures are one of the most sensitive stages of the urban transformation process. When the new building is completed, the title deeds of the owners must be arranged accurately and completely. Any deficiency or mistake in establishing condominium rights may cause major legal problems in the long term. In addition, objections to the risky building decision, legal interventions in the evacuation process, and compensation lawsuits in case of expropriation are also part of the process. Professional follow-up of all these stages helps protect the clients both financially and morally.
Urban transformation projects in Istanbul offer an important opportunity to renew the building stock of the city but may also cause irreparable damage to owners if managed incorrectly. Therefore, from the very beginning of the process, all owners must be informed, correct steps must be taken, and each stage must be carried out with legal support. As Uzunpınar TÜFEK International Law Firm, we produce reliable and sustainable solutions for owners, contractors, and investors in urban transformation projects. We stand by our clients at every step of the process and aim to protect their rights at the highest level.
Our Services Within the Scope of Urban Transformation Law;
1. Objection to Risky Building Detection and Cancellation Lawsuits (Objection and suspension of execution procedures against “risky building” reports issued for the building)
2. Urban Transformation Contracts (Construction in Return for Flat) (Preparing urban transformation contracts between property owners and contractors)
3. Resolving Disputes Among Right Holders (Mediation and litigation processes in case the property owners cannot reach an agreement in the transformation project)
4. Tracking of Urban Transformation Rental Assistance and Rights (Rental assistance and other rights provided by the state to evacuated right holders)
5. Management of Evacuation and Demolition Processes (Evacuation of the risky building, demolition operations, and legal notifications)
6. Contractor Contract Violations and Disputes (Legal precautions to be taken when the contractor fails to start or complete the construction on time)
7. Legal Consultancy Within the Scope of Law No. 6306 (Legal support within the scope of the Law on the Transformation of Areas Under Disaster Risk)
8. Preparation and Approval of the Common Decision Protocol (Preparation of the protocol of common decision taken with a certain majority by the right holders)
9. Objection to Zoning Plan Amendments (Within the Scope of Urban Transformation) (Legal objection to zoning plan changes made in the urban transformation project area)
10. Establishment of New Title Deeds and Condominium Rights (Setting up title deeds and condominium rights for new independent units after transformation)

FREQUENTLY ASKED QUESTIONS
1. What is urban transformation and which buildings are included in this scope?
Urban transformation is a process that involves demolishing risky or outdated buildings and replacing them with safe and modern structures. Within the scope of Law No. 6306, buildings that are determined to be “risky” through a technical report are subject to transformation. This determination is made by institutions authorized by the Ministry of Environment, Urbanization and Climate Change. Urban transformation is essential both for public safety and urban renewal.

2. How is the risky building assessment carried out and who can apply?
Risky building assessment is conducted by licensed institutions based on a technical examination. Any one of the property owners or an authorized representative can apply for the assessment. Once the report is issued, the property owners are notified through the land registry office. There is also a right to object to the risky building determination.

3. How are decisions made in urban transformation?
According to the legal regulation, a simple majority is now sufficient to initiate transformation. If more than half of the owners approve, the process can proceed. However, the dissenting owners have the right to file a lawsuit for annulment. Legal support is crucial to ensure the process complies with the law.

4. How are the building permit and occupancy certificate obtained in urban transformation?
During construction of the new building, the building permit is obtained from the relevant municipality. After completion, the occupancy certificate (iskan) confirms that the building is legally usable. During the permit and occupancy process, technical documents such as architectural projects, static calculations, and electrical-mechanical plans are reviewed. Any deficiencies may delay the process. Legal and technical support ensures smooth progress.

5. How is evacuation carried out during the urban transformation process?
Once the risky building assessment becomes final, property owners are given a 60-day period to vacate the premises. If the building is not evacuated within this period, the authorities may initiate forced demolition and eviction. Law enforcement may be involved in the eviction process. Rent assistance may be provided to owners or tenants who are displaced. If the process is not conducted properly, legal action can be taken against administrative decisions.

6. What happens if there is a disagreement among the property owners?
Once the simple majority is obtained, the transformation process can begin, but dissenting owners still have the right to challenge the decision in court. In case of disagreement, the matter is usually resolved through litigation. The objecting owners must prove that the decision is procedurally or legally flawed. Otherwise, the transformation decisions remain valid. Mediation may also be considered to resolve disputes with minimal conflict.

7. Is notarization mandatory in urban transformation?
Although urban transformation decisions and agreements are not required to be notarized, notarization gives them official legal validity. Especially when property owners sign consent forms, having them notarized provides strong legal evidence in future disputes. Land registry annotations often require notarized documents. Therefore, notarization is not mandatory but is highly recommended for legal security. It ensures the documents have an official legal status.

8. Why is annotation in the land registry important?
Contracts annotated in the land registry are valid against third parties and protect the rights of the owners. In cases where the contractor tries to transfer the building or make changes, the annotation prevents such actions without the owners’ consent. It also ensures that the agreements between owners are officially recorded. In legal disputes, annotated documents carry stronger evidentiary value. Therefore, registry annotation is important to prevent loss of rights.

9. How are land shares determined and distributed?
In the new project, the distribution of independent units to the owners is based on the old ownership structure, land shares, and property valuation. Distribution is not always equal; factors such as building value, location, and floor level are taken into account. Expert reports help guide this process. Owners have the right to object and may apply to the court if necessary. Legal and technical support is essential for fair allocation.

10. What are the rights of tenants?
Although tenants do not have ownership rights in the transformation process, they are entitled to certain protections. They are granted a specific period for eviction and may benefit from state-supported rent assistance. However, they do not have decision-making power in the project like owners do. If the eviction is carried out unlawfully, tenants may also seek legal remedies. Tenant rights must be protected within the legal framework.

11. How long does the urban transformation process take on average?
The transformation process, from the risky building assessment to the issuance of new title deeds, typically takes around 12 to 24 months. However, this duration can vary depending on the owners’ agreement process, the contractor’s performance, and potential legal disputes. If lawsuits are involved, the process may take even longer. Professional consultancy helps shorten the duration. Planning and document preparation also affect the timeline.

12. Can the urban transformation process be stopped through court action?
If the process is conducted unlawfully, property owners or stakeholders may file a lawsuit in administrative court to cancel it. The court may stop the process if necessary. Unlawful building assessments, forged consents, or ownership violations may be grounds for legal action. However, filing a lawsuit alone does not halt the process—a court decision is required. The lawsuit must be managed professionally.

13. Why are expert reports important in urban transformation?
Expert reports play a decisive role, especially in property valuation, risk assessment, and land share calculations. Courts place great importance on expert opinions. If the reports contain errors, objections can be raised and a new expert requested. Reports prepared by unqualified individuals can negatively affect the case. Therefore, experts must be both competent and impartial.

14. Does the state have authority to intervene in the transformation process?
Yes, the state can supervise the transformation process and intervene when there is a conflict with public interest. Declarations of risky areas, building permits, and occupancy certificates fall under the state’s authority. The Ministry of Environment, Urbanization and Climate Change is authorized at every stage of the process. If deemed necessary, the process can be suspended. This control mechanism ensures a healthy process.

15. What is the time limit for filing a lawsuit against urban transformation decisions?
Lawsuits against risky building assessments or administrative decisions must generally be filed within 15 to 30 days in administrative court. This period starts from the date of official notification. If the deadline is missed, the right to sue is lost. Tracking deadlines and submitting complete documents is crucial. With legal support, this right can be exercised on time.

16. What kind of support does the government provide for urban transformation in Istanbul?
As part of urban transformation projects in Istanbul, the government provides grants up to 750,000 TRY to eligible property owners. In addition, low-interest loans up to 750,000 TRY and a 100,000 TRY relocation grant are offered. Rent assistance is also available for those who meet certain conditions. These supports are designed to encourage participation and speed up the transformation process.

17. Who is eligible for the grant and loan support?
To benefit from government support, you must be one of the building owners and apply for transformation. A confirmed risky building assessment is required. Applications must be submitted to the Ministry of Environment, Urbanization and Climate Change. Applications are either approved or rejected based on evaluation.

18. When and how is the 750,000 TRY grant paid?
The grant is usually paid in phases based on the progress of the construction. The Ministry transfers the payment to the owners or directly to the contractor according to the contractor’s progress reports. The payment is made step-by-step depending on the physical progress of the project. All official documents and technical reports must be submitted completely during the process.

19. Under what conditions is the 750,000 TRY low-interest loan granted?
The low-interest loan is provided through banks partnered with the government. It is usually long-term with a fixed interest rate and is evaluated based on the applicant’s credit score. Income status and collateral are reviewed. Once approved, the loan is used for construction costs and repaid in installments.

20. How can the 100,000 TRY relocation grant be received?
The relocation grant is provided to owners who vacate their buildings after a confirmed risk assessment. Applications can be made via e-Government or directly to the provincial directorates of the Ministry. A one-time payment is transferred to the applicant’s bank account after approval. It is important not to miss the application deadline.

21. What documents are required for rent assistance?
To receive rent assistance, a risk assessment report, title deed, a copy of your ID, and proof of evacuation are needed. You must also submit your bank account details and application form. Having all documents complete speeds up the approval process. The assistance is usually paid monthly.

22. Can multiple owners benefit from these supports?
Yes, if there are multiple owners in the same building, each can apply separately for support. However, only one application is allowed per independent unit. For shared ownership, the right to apply is evaluated based on ownership shares. The Ministry conducts system checks to prevent duplicate applications.

23. Do these supports have to be repaid?
The 750,000 TRY grant and 100,000 TRY relocation support are non-repayable. However, the 750,000 TRY low-interest loan must be repaid in installments over a set term. The purpose of the grant is to financially support property owners. The loan is offered to cover construction expenses.

24. How long is rent assistance provided in Istanbul?
In Istanbul, rent assistance is typically provided for 18 months. However, it may be extended in special cases or if construction is not completed. The duration is determined by the Ministry and may be updated annually. Beneficiaries should closely monitor updates related to the process.

25. Is it mandatory to work with a lawyer to benefit from these supports?
Applications for support can be made individually, but due to many legal and technical details, it is advisable to work with a lawyer. Especially in issues such as title deed problems, ownership distribution, and contractor agreements, things can become complex. Legal assistance ensures that the application proceeds more smoothly and quickly. It also helps prevent loss of rights.