A new era in urban transformation: The state will seize the title deeds of those individuals!

Significant changes have been initiated in the implementation of urban transformation and risky buildings. In line with the regulation published today, the transformation process can now be initiated upon the request of a single rights holder, and the path has been cleared for the public sale of land shares belonging to partners who do not participate in the decision. A priority purchase right has also been granted to public institutions for land plots created after demolition.

With the new regulation, while the transformation process for risky structures under Law No. 6306 is accelerated, the procedure to be followed regarding the sale of land shares has been reshaped. The new regulation has been published in the Official Gazette and has entered into force.

DECISIONS CAN NOW BE MADE BY SIMPLE MAJORITY

For operations such as the demolition of risky buildings or the construction of new structures, the approval of a simple majority of the stakeholders will be sufficient. This majority will apply to critical decisions such as parcel consolidation, subdivision, fractional sales, or revenue-sharing agreements. In other words, the individual approval of every rights holder will no longer be required.

Another important change is that a single owner's application is now sufficient for the decision-making stage. Thus, when one person makes a request, all shareholders will be called to a meeting. Announcements will be made at the local headman's office (muhtarlık), on the apartment door, or via a notary, and the announcement period will not exceed 15 days. At the end of this period, notification will be considered served.

At the meeting, all decisions to be taken will be finalized by a simple majority and recorded in minutes.

THE PATH TO SALE OPENED FOR THOSE WHO DO NOT PARTICIPATE IN THE DECISION

For shareholders who do not participate in the decision to access the decisions and offers made, relevant documents will be made available for review at the local headman's office or at designated addresses; notifications will be made digitally to those with an electronic notification address. If those who do not participate in the decision do not approve or evaluate the offer within 15 days following the notification, their shares will first be put up for sale to other partners. The sale will be conducted via auction and provided that it is not below the fair market value. If the sale does not take place, public institutions or TOKİ may step in and acquire the shares on their own behalf.

Within the scope of agreements in risky structures, land shares can also be sold to third parties; this will require reaching an agreement on the decision.

In properties that become vacant land after demolition, if a sale decision is made, the land will be offered to the public sector as a priority. If deemed appropriate by TOKİ, the relevant administration, or institutions within the ministry, a housing or workplace contract can be signed directly with the landowners.

NEW REGULATION FOR PARCEL CONSOLIDATION AND TRANSFER OF ZONING RIGHTS

In the consolidation of parcels containing more than one risky structure, the approval of a simple majority will be sought separately for each parcel. If the consolidation is to be made with vacant parcels, the unanimous consent of the owners of the vacant parcels will be required.

Owners in areas where construction cannot be carried out due to ground conditions, disaster risk, or zoning restrictions may be given shares from another parcel. In such cases, there is a requirement for all owners to be consolidated into a single parcel suitable for zoning and for their approvals to be obtained.

Within the scope of the sales procedure, if the first tender fails, the process will restart upon the request of the simple majority again. Sale dates will be announced, and owners will be informed via e-Devlet.

Tax and fee reductions will continue to be applied in proportion to the area of the parcel containing the risky structure.

FINALLY, AN UPDATE ON THE COLLATERAL RATE

With another update made to the legislation, it was stated that the collateral taken within the framework of building permits issued as of January 1, 2024, can be rearranged according to the 6 percent level upon the contractor's request.

In this context, both decision-making processes in urban transformation have been clarified, and new practices on behalf of the public have been introduced for shareholders who do not participate in the process.

News Source: 12punto