Law No. 6306 on the Transformation of Areas at Risk of Disaster regulates the process of demolition and reconstruction of structures at risk of earthquake and disaster.
Risky Building Detection
- The Ministry of Environment, Urbanization and Climate Change is authorized.
- Technical review by licensed organizations.
- Annotation on title deed with risk report.
- Malik is informed; Objection period is 15 days.
Destruction Process
- Demolition within 60 days at the latest after detection of a risky structure.
- The evacuation period does not exceed 90 days (usually 60 days).
- Owner approval not required — public interest.
- Rent assistance (temporary housing) is provided.
Agreement with Contractor
- Contractor election by 2/3 majority of the owners
- The remaining 1/3 must participate — the right to object is limited.
- The flat fee agreement is approved by a notary.
- Construction inspection company control.
Rent Assistance
- Temporary shelter assistance to the owner after demolition.
- Monthly amount depends on region and family size.
- Paid during construction (usually 18 months).
- Direct transfer by the Ministry.
Entitlement Calculation
- Foundation of the square meters of the independent section in the old building.
- Equivalent or increased square footage in new building.
- Owner cash/small flat difference according to the terms of the agreement.
- Discussions on the transfer of "superstructure rights".
Supreme Court HGK and 14th HD - Established Approach
HGK and the 14th HD adopt the strict implementation of the 2/3 majority requirement of the owners in urban transformation, the right of objection of the remaining 1/3 owners is limited, but reasonable payment agreements must be presented so that they do not suffer financial losses in the selection of the contractor.
Typical Disputes
- Objection to the risk report.
- Failure to pay rental assistance.
- Contractor delay/bankruptcy.
- Entitlement rate debate.
- Disposals of assets made before demolition.
Practical Tips
Urban transformation files have multiple stakeholders. Real estate law lawyer recommended.