The truth about 'reserve areas' and Hatay!

There are a total of 90,326 structures in the Antakya and Defne districts. Approximately 45,000 of these were destroyed or heavily damaged in the earthquake. In the 'reserve area' declared by the Ministry, there are 3,000 buildings that are destroyed, heavily damaged, or moderately damaged. In other words, only 7% of the structures damaged in the earthquake are located in this reserve area. So, why is such a practice not being implemented in the remaining area?

———————————-

Although 10 months have passed since the February 6 earthquake, the people of Hatay are resigned to a life in containers under extremely difficult conditions. Even those whose homes are intact cannot go and live in them. Because the Ministry of Environment, Urbanization and Climate Change has taken a new step and declared many residential areas as "RESERVE AREAS"! The neighborhoods falling within this area include: Armutlu, Akdeniz, Elektrik, Haraparası, General Şükrü Kanatlı, Cumhuriyet, Cebrail, Akevler, Gazi, Emek, and Altınçay neighborhoods, which encompass Fatih Street, Cumhuriyet Street, and Atatürk Street. There were approximately 3,800 structures in the declared "Reserve Area" before the earthquake, and approximately 3,000 of these have been identified as destroyed, heavily damaged, or moderately damaged in the earthquake.

IS THE "RESERVE AREA" A NEW GATEWAY FOR RENT-SEEKING?

The law, also known as the Urban Transformation Law No. 6306, defines transformation areas in three different ways: Risky Area, Reserve Area, and Risky Structure.

A Risky Area is declared by a Presidential Decree and enters into force after being published in the Official Gazette. A Reserve Area, however, is declared with the 'approval' of the Minister of Environment and Urbanization but is not published in the Official Gazette. As defined by the law, 207.35 hectares of land within the borders of the Antakya and Defne districts of Hatay Province have been declared as a Reserve Area. Law No. 6306 grants the Ministry of Environment, Urbanization and Climate Change the authority to carry out all kinds of work and transactions in an area declared as a Reserve Area. This means that the counterpart for property owners in these areas is the Ministry of Environment, Urbanization and Climate Change. At this stage, the Ministry of Environment, Urbanization and Climate Change is expected to carry out Urban Transformation work and transactions in the area in question.

So, what are these transactions? First, all rights holders in the area will be identified. This includes property analysis, current status assessment, valuation analysis regarding the existing rights of the rights holders, etc. Subsequently, the relevant ministry will prepare a zoning plan and project for this area. The project will be shared with all rights holders, and what they will obtain from the project will be presented to them. An important piece of information to know here is that the project can be implemented with the approval of at least 50% plus 1 of the rights holders!

Important questions come to mind: There are a total of approximately 90,326 structures in the Antakya and Defne districts. Approximately 45,000 of these were destroyed or heavily damaged in the earthquake. In the reserve area declared by the Ministry, there are 3,000 buildings that are destroyed, heavily damaged, or moderately damaged. In other words, only 7% of the structures damaged in the earthquake are located in this reserve area. So, why is such a practice not being implemented in the remaining area? How will the city be rebuilt with a fragmented planning approach? If the authority to make plans and projects in the 207.35-hectare area declared as a Reserve Area is under the authority of the Ministry, the result is that the authority to make all kinds of plans and projects in the remaining area belongs to the Hatay Metropolitan Municipality. So, how will the relationship between the projects that two different institutions are carrying out and will carry out in different areas be established?

WHAT WILL THOSE WHO HAVE PROPERTIES IN THE DECLARED RESERVE AREA DO?

The Ministry has also placed liens on sound buildings and apartments! If you have an apartment, house, or land in the reserve area, all kinds of consolidation, separation, and zoning status issuance regarding these are under the authority of the Ministry. In this area, the Ministry has halted all work and transactions to be carried out until the zoning plan is approved and projects are prepared.

*The Urban Transformation Presidency will be able to expropriate properties in the reserve area, exchange them with other real estate, or convert them into movable assets.

*It is stated that the Reserve Area can be carried out in stages, and projects can be initiated if 50% plus 1 is achieved in the stages. This ratio, which was previously specified in the law, was the condition of achieving a two-thirds majority. This ratio was lowered with the Reserve Area application. If the issue is approached with bad intentions, many people could become victims.

* Sales can currently be made within the reserve area. The person purchasing can see in the title deed that this area is a reserve area. Many earthquake victims, retired families, etc., have started to sell their destroyed apartments in the Reserve area at low amounts based on their land share in order to build a new life. Within the stage where the application is made by the Ministry, before the structures are demolished, decisions regarding share consolidation, abandonment, creation, demolition of the structure, sale of shares, and revenue sharing will be made by the simple majority of the land shareholders, without the need for the stakeholder of the structure.

The properties of those who do not participate in the urban transformation by remaining outside the simple majority of share owners can be sold by the Urban Transformation Presidency to other owners at the determined price.

The Urban Transformation Presidency will be able to carry out real estate development projects and revenue-sharing construction tenders in reserve areas.

A 15-day notification period is given to owners who remain outside the simple majority and with whom no agreement is reached, through the neighborhood headmen (muhtarlık). Legal proceedings will be initiated for owners who do not participate in the decision during this period.

If a citizen's building has been destroyed in the earthquake zone, a 30-day notification period will be given to citizens who do not reach an agreement with a simple majority. Within 30 days, they will either reach an agreement, or their property will be offered for sale by the Ministry to other owners at the determined price. Since many people are outside of Hatay, they will not be able to see these plans and projects.

The Ministry must convey all plans and projects it will carry out in the reserve area to the public with full transparency and achieve a high consensus rate among property owners. The reserve area is not a task to be left solely to the responsibility of the Ministry. The future of Hatay will be determined by the rights holders, NGOs, the municipality, and all components that make up the city coming together to discuss and reach a consensus on the issue, and by ensuring that the urban transformation parameters are implemented fairly and justly!

THE RESERVE AREA will be either a good or a bad example for Turkey. Hatay will show us this again!