Reserve building area declaration in Hatay: A 'title deed' operation on a city waiting to be rebuilt

Following the enactment of the law containing regulations for urban transformation, the authority to declare reserve building areas under the law has been applied for the first time in Hatay. Sol Haberhas compiled a report on the repercussions of the decision to be implemented in the Antakya and Defne districts of Hatay.

MINISTRY DECLARED

With the decision of the Ministry of Environment, Urbanization and Climate Change, neighborhoods in the Antakya and Defne districts of Hatay have been declared as reserve building areas.

In the document signed by the Ministry's Urban Transformation Presidency, within the scope of the "Law No. 6306 on the Transformation of Areas Under Disaster Risk," an area of 207.35 hectares in the Antakya and Defne districts was designated as a Reserve Building Area it was stated.

THE DECISION COVERS NEIGHBORHOODS WHERE 50 THOUSAND PEOPLE LIVE

Speaking to soL, Hatay Bar Association Environment and Urban Law Commission Chair Ecevit Alkanpointed out that the designated reserve building area encompasses neighborhoods where approximately 50,000 people live, including both damaged and undamaged structures.

PEOPLE WILL BE DISPOSSESSED OF THEIR PROPERTIES

Noting that buildings will be demolished even if they are undamaged to create zoning plan integrity in the area, Alkan indicated that if people lack the financial means to pay, their title deeds will be seized and they will be dispossessed.

THE LAW DREW REACTION

The "Law on the Transformation of Areas Under Disaster Risk and Amendments to Certain Laws and Decree-Law No. 375," which includes regulations regarding urban transformation and was accepted by the General Assembly of the Parliament, was published in the Official Gazette on November 9.

The law aims to accelerate judicial processes regarding buildings that could not be demolished due to requests for the cancellation of demolition decisions in the earthquake zone.

IF EVICTION IS NOT CARRIED OUT, IT WILL BE ENFORCED BY FORCE

By removing the requirement that areas to be declared as reserve building areas must be designated as new settlement areas, the authority to unlawfully declare existing settlement areas as reserve areas will be created. In all procedures applied by the decision of the rights holders, the majority requirement will be reduced from two-thirds to half. In the absence of homeowners or tenants, eviction for the identification and demolition of risky structures may be carried out by force by opening locked doors and areas. 

In neighborhoods declared as risky areas, the authority to suspend services such as electricity, water, and natural gas, which is currently being carried out to intimidate and evict residents, will be transferred from the Ministry to the Urban Transformation Presidency. 

"THE POOR WILL BE PUSHED TO EVEN MORE REMOTE PARTS OF THE CITY"

Stating that the new version of the law will deepen and legalize the injustices that have persisted until now, the President of the Istanbul Branch of the Chamber of Architects Esin Köymen, in a statement to soL, pointed out that more grievances could be experienced in the coming period.

Drawing attention to the fact that rent-based urban transformation under the new law could victimize everyone and that unlawful practices previously seen in specific neighborhoods could spread to the entire city, Köymen stated, "Alongside a handful of the wealthy, all the remaining poor will be pushed toward the outskirts of the city."

News Source: 12punto