The Disaster Law, its effects on our lives and properties (7)

WHAT ARE THE CONDITIONS FOR EX OFFICIO IMPLEMENTATION?

Extraordinary conditions may have occurred. In areas where there are structures that are risky to the point of collapse, or in areas where structures have collapsed on their own or have been heavily damaged or are at risk of being heavily damaged due to reasons such as ground slippage, landslides, flooding, rockfalls, fire, or explosions, transformation applications can be carried out or commissioned ex officio by the Presidency without seeking the consent of the owners and relevant parties. The boundaries of the area where the application will be made are determined by considering the integrity of the application.

Within the scope of this article, risky building assessment is carried out ex officio by the Presidency by opening or having closed doors/areas opened with the help of sufficient law enforcement, based on written permission to be given by the local administrative authority, provided that the costs are covered by the Transformation Projects Special Account and upon the request of the Presidency.

Buildings determined by the Presidency or the administration to require urgent evacuation and demolition due to the dangerous condition of the land on which the building is located or due to damage and destruction in the building are accepted as risky buildings.

The list of structures identified/accepted as risky is posted on the doors of these structures, which serves as notification, and is announced at the relevant neighborhood headman's office (muhtarlık) for two days. This announcement is deemed to be personal notification to the owners regarding the risky building assessment process. Objections to risky building assessments can be made by the owners or their legal representatives within two days, and objections are examined and decided upon by technical committees within three days.

As can be seen, the timeframes here have been kept much, much shorter. When it is not a potential risk but an actualized risk, the announcement periods at the neighborhood headman's office, which were previously foreseen as fifteen days, are limited to only TWO DAYS here. Objections can also be made within the same period, and the resolution of objections will take only THREE DAYS. However, in the previous practice, a separate period was foreseen for objections after the announcement at the neighborhood headman's office. A different procedure has been developed here to accelerate the process.

OBLIGATION TO EVACUATE

It is mandatory for the evacuation of the structures to be carried out within the period given by the Presidency. The notification regarding the evacuation is made in the manner specified in the second paragraph. In applications to be made under this article, relocation assistance may be provided to owners, tenants, and holders of limited real rights, provided that they reside in the structure.

In the event that the structures are not evacuated within the given period, upon the request of the Presidency, the work and procedures for evacuation and demolition can be carried out or commissioned by the Presidency by opening or having closed doors/areas opened with the help of sufficient law enforcement, based on written permission to be given by the local administrative authority.

THE PRESIDENCY'S AUTHORITY FOR EX OFFICIO REGISTRATION

All land registry and cadastre transactions, including sales, transfers, establishment of mortgages, and the cancellation of rights and annotations in the land registry, all kinds of permits and licensing work and procedures related to demolition and construction, and work and procedures to be carried out before other administrations are performed upon the request of the Presidency without seeking the consent of the owners and relevant parties.

REGISTRATION IN THE NAME OF THE TREASURY

Immovables belonging to public institutions and organizations located in the area where the application will be made that will be included in the transformation application, as well as all other immovables subject to private ownership, are registered in the name of the Treasury upon the request of the Presidency. The construction permit for the new structures to be built is issued in the name of the Treasury, and until the transfer of the independent sections corresponding to the rights of the right holders is made, floor easement and floor ownership are established in the name of the Treasury.

In applications carried out within the scope of this article, tenders can be held without requiring an implementation project. This is an interesting point; how will a tender be held without knowing what will be done and without an implementation project being prepared yet? That is, on what basis will the work to be done and the tender figures be determined? Without knowing what the work to be done is, how many workers will be employed, how much material will need to be purchased, and in how much time it will be completed? All these issues are the fundamental concepts of a tender, and I think how a tender will be held without knowing these items, how it will proceed afterwards, and how it will conclude is something we will see by experiencing it.

WHAT WILL HAPPEN TO ONGOING CONSTRUCTION CONTRACTS?

Contracts regarding construction work previously signed for immovables located within the boundaries of the area where the application will be made are considered terminated as of the date on which it is deemed appropriate for the applications to be carried out by the Presidency, without seeking the consent of the parties to these contracts and other relevant parties.

Contracts regarding construction work that have been annotated in the registry of the immovables are cancelled upon the request of the Presidency. If any work and application have been carried out based on the contracts deemed terminated, a settlement is made between the contractor who performed these works and applications and the Presidency.

Except for rental assistance payments, if any payment has been made by one of the parties to the contract to the other, the parties have the right to demand the payments made from each other within the framework of general provisions. If the immovables in the area where the application will be made have been transferred to the contractor in the land registry based on the contracts deemed terminated, the new immovables resulting from the application are registered ex officio in the name of the former owners who transferred them to the contractor, taking into account the right-holder studies.

QUALIFICATIONS OF THE IMMOVABLES TO BE BUILT

The quality and size of the residences and workplaces to be built are determined by the Presidency.

Right-holder studies are carried out by considering the value of the right holder's existing immovable and the value of the residence or workplace to be given to the right holder in the new structure, or, if a decision is taken by the Presidency, through methods such as construction in return for land, revenue sharing, and similar methods.

In case the right holder needs to take on debt, a contract is made with the right holder over the debt amount, and the title deed is not granted until the entire debt amount is paid.

In the event that the independent section(s) falling to the right holder are not taken delivery of within the periods determined by the Presidency, the right holder's right over this/these independent section(s) ends; the value of their immovable before the transformation is updated and deposited into a time deposit account to be opened in the name of the right holder; rights and annotations such as mortgages, precautionary attachments, liens, and usufruct rights located in the land registry of the right holder's immovable before the transformation are continued over the value of the immovable deposited in the name of the right holder; rights and annotations in the land registry are cancelled ex officio by the land registry office upon the request of the Presidency, and the situation is notified to the right holder. This/these independent section(s) registered in the name of the Treasury are transferred to the Presidency.

This is clearly a liquidation. Therefore, the subject of notification, which has taken on a very different nature, is of great importance again. Not being aware of the notification made by the Presidency can cause great grievances, and the newly constructed immovable can be taken away from the person. It must be emphasized once again on this occasion that it is a process that must be followed very carefully.

Mediator and Attorney NURDAN HERİS

News Source: 12punto