The main purpose of urban transformation is to transform risky and unhealthy buildings in cities into livable, strong and safe structures. It is essentially a field based on public law. The transformation projects in question are not limited to the construction of new and robust buildings in place of risky buildings; they are a set of large-scale regenerative projects aiming to prevent all kinds of illegal construction, renovate outdated buildings and meet the needs for areas such as parks and cultural centers.
The general objectives of urban transformation can be listed as follows:
1- Reducing the risks against natural disasters
2- Ensuring planned urbanization
3- Ensuring life safety
4- Increasing environmental sustainability
5- Increasing the quality of life in cities
There are various legal regulations and by-laws on urban transformation in Turkish law. Law No. 6306 on the Transformation of Areas under Disaster Risk is the law that determines the basic features and functioning of the urban transformation process. Pursuant to Article 1 of the aforementioned Law, transformation projects are regulated by law within the scope of issues related to improvement, liquidation and renovation in order to create healthy and safe living environments in accordance with the norms and standards of science and art in areas under disaster risk and in lands and lands outside these areas where risky buildings are located.
There are various legal regulations and by-laws on urban transformation in Turkish law. Law No. 6306 on the Transformation of Areas under Disaster Risk is the law that determines the basic features and functioning of the urban transformation process. Pursuant to Article 1 of the aforementioned Law, transformation projects are regulated by law within the scope of issues related to improvement, liquidation and renovation in order to create healthy and safe living environments in accordance with the norms and standards of science and art in areas under disaster risk and in lands and lands outside these areas where risky buildings are located.
How Does the Urban Transformation Process Work?
In order to initiate the urban transformation process, first of all, the floor owners must apply to a company authorized for urban transformation by collecting the necessary documents. The relevant company prepares a risky building report and includes the risk determination regarding natural disasters such as earthquakes and floods in the content of the report. As a result of the report, it is decided whether the building is a risky or risk-free building. In addition, the relevant administrative institution may also ask the owners to obtain a risky building assessment by giving them a deadline. It is possible to object to the report on the determination of the risky building, and the right holders on the existing building can exercise their legal rights against the report through objection or lawsuit. It should be noted that the right of objection is only given to title deed holders. The objections made are examined by the officials working in the Provincial Directorate of Urban Transformation and a decision is reached.
With the finalization of the risky building report, it is possible to decide on many issues such as demolition of the building, reinforcement, new project proposals, provided that the absolute majority (50% + 1) of the condominium owners is provided. In order to decide on these issues, firstly, the condominium owners are invited to a meeting. The “Condominium Law” is taken as basis for the invitation procedure.
After reaching a definite agreement with the contractor, a contract is made from the notary public in accordance with the technical specifications. The construction of the building is managed by making controls in accordance with the technical specifications and after the construction is completed, the official procedures are completed by the committee by inspecting whether it complies with the project and its annexes.
