Urban Transformation Process in Apartments: A Guide for Management and Unit Owners

Due to the reality of earthquakes and the aging building stock, urban transformation is on the agenda of apartment and complex residents. Questions such as "Is our building risky? Does everyone\'s consent need to be obtained for transformation? How does the process work?" are frequently asked. In this article, we explain the main lines of the urban transformation process from the perspective of management and unit owners.

The Legal Basis of Urban Transformation

The main legal basis of urban transformation is Law No. 6306 on the Transformation of Areas Under Disaster Risk. This law regulates the renewal of buildings that are not resistant to earthquakes and other disaster risks. The process begins with the determination of the building as a "risky structure."

Step 1: Risky Structure Determination

The process begins with determining whether the building is risky. Even one unit owner can apply to an institution licensed by the Ministry to have the risky structure determination made for the building. If the building is determined as a "risky structure," this is recorded in the title deed and notified to the relevant owners.

There is a right to object to the risky structure determination; owners may object to the determination within a specific period.

Step 2: Transformation Decision and Majority

After the risky structure is finalized, a decision is made about demolishing and rebuilding or reinforcing the building. Urban transformation legislation provides a majority basis that facilitates transformation, different from the classic condominium ownership rules, in taking these decisions. In the general framework, the transformation process may proceed with the decision of a specific majority of owners; unanimity of every owner is not required.

Important note: Majority ratios, the situation of owners who do not participate in the decision, and the details of the process may be updated over time with legislative changes. For this reason, for current ratios and procedures, confirmation from official sources (Ministry of Environment, Urbanization and Climate Change) or an expert/lawyer is important. This article describes the general process and does not declare exact ratios.

Step 3: Demolition, Project, and Rebuilding

After the transformation decision is taken, the phases of vacating the building, demolition, and implementing the new project come. During this process, topics such as agreement with the contractor, unit distribution, and rent assistance arise among owners. Some supports provided by the state (such as rent assistance and credit facilities) may be applicable; their scope and conditions vary according to current legislation.

The Role of Management

Apartment/complex management plays an important role in coordinating owners in the urban transformation process: organizing meetings, recording decisions in the decision book, communication with owners, and document tracking. Since the process involves many owners and documents, regular record-keeping and communication are critical.

Summary

Urban transformation begins with the risky structure determination under Law No. 6306. Even a single owner can apply for determination. The transformation decision is taken with a majority basis that facilitates transformation. For current ratios and procedures, official sources should be taken as the basis. Management\'s coordination role in the process is important.

In processes such as urban transformation, which involve many owners and many documents, keeping meeting decisions, owner communication, and document tracking in order is of vital importance. Apt Yönet facilitates this complex process by gathering decision records and resident communication on a single panel.

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Frequently Asked Questions

How do I find out that my building is risky?

You can have a risky structure determination made by applying to a licensed institution; even a single owner can apply.

Is everyone\'s consent required for urban transformation?

No. The process proceeds not with unanimity but with a majority basis that facilitates transformation. Official sources should be confirmed for the current ratio.

What is the legal basis of urban transformation?

Law No. 6306 on the Transformation of Areas Under Disaster Risk.

Can objection be made to the risky structure determination?

Yes, owners may object to the determination within a specific period.

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This content is for general informational purposes and does not constitute legal advice. For current ratios and procedures, sources of the Ministry of Environment, Urbanization and Climate Change and confirmation from an expert should be taken as the basis.