Amendments to Law No. 6306 on the Transformation of Areas under Disaster Risk

Amendments to Law No. 6306 on the Transformation of Areas under Disaster Risk

The “Law on the Amendment of the Law on the Transformation of Areas under Disaster Risk and Certain Laws and the Decree Law No. 375” adopted by the General Assembly of the Turkish Grand National Assembly was published in the Official Gazette dated 09.11.2023. With this regulation, some amendments have been made to the Law No. 6306 on the Transformation of Areas Under Disaster Risk and the Administrative Trial Law No. 2577.

1. Significant Changes Introduced by the Law;

1.1 Urban Transformation Quorum

The approval of at least two-thirds majority of the right holders was required for the urban transformation decision. With the new regulation, the decision of the absolute majority of the right holders will now be sufficient.

1.2 Demolition Process in Urban Transformation

• With the new regulation, law enforcement officers will be able to intervene if the evacuation of risky buildings is prevented, and if the risk assessment is prevented again, the building can be opened with a locksmith with the “written” permission of the authorities.
• With the new regulation, the Urban Transformation Presidency has been authorized to identify, inspect and evacuate risky buildings.
• Right holders will be given a single deadline of no more than 90 days for the demolition of risky buildings. No two separate notifications will be made for evacuation and demolition, and 90 days will be given at once.

1.3 Financial Assistance in Urban Transformation

In order to accelerate urban transformation, financial assistance will be provided to the right holders in this process. For this reason, the phrase “and assistance for construction” has been added to the relevant articles after the phrase “rental assistance”.

1.4 Notification in Urban Transformation

During the process of determination of risky buildings, the owners will not be notified individually; the report containing the information regarding the determination will be posted on the building, the owners will be notified via e-government and it will be announced in the mukhtars’ offices for 15 days. The last day of the announcement will be deemed to have been notified to the right holders.

1.5 Ex officio Risky Building Detection in Urban Transformation

Detection of risky buildings can be made ex officio by the Urban Transformation Presidency or the administration. In the event that the determination of the risky building is prevented or sampling is not allowed, law enforcement officers will intervene with the written permission of the local administrative authority and the buildings can be opened with the help of a locksmith.

1.6 Appeal in Urban Transformation

With the new regulation, the procedure of objection to the zoning and parceling plans subject to the implementation area has been introduced by announcement. Approved zoning and parceling plans are announced by the relevant Provincial Directorate of Environment, Urbanization and Climate Change for 15 days. Objections to the plans are made to the relevant Provincial Directorate of Environment, Urbanization and Climate Change within the announcement period and the objections are evaluated by the ministry within 5 days. If the objections are rejected, the decision becomes final.

1.7 Building and Settlement License for Urban Transformation Process

The zoning process will also be accelerated. Provided that it is undertaken by the Presidency and the ownership is documented, a building license will be issued within 30 days from the date of application according to the project and an occupancy permit will be issued within 30 days after the completion of these structures.

2. Urban Transformation Costs to be Collected from Owners in Proportion to Their Shares

The zoning process will also be accelerated. Provided that it is undertaken by the Presidency and the ownership is documented, a building license will be issued within 30 days from the date of application according to the project and an occupancy permit will be issued within 30 days after the completion of these structures.

• According to the law, costs such as risky building detection, evacuation, demolition and construction will be taken from property owners in proportion to their shares.
• Considering the value of the existing immovable of the right owner and the value of the immovable to which the right owner will be entitled in the new structure, it may also be necessary for the right owner to borrow. In this case, a contract will be made with the right holder based on the borrowing amount and the title deed of the immovable will not be transferred until the entire borrowing amount is paid.
• If the person is not in an economic situation to pay the debt, it is made possible to register the building on the title deed in the name of the right holder and the Urban Transformation Presidency on the basis of shared ownership. In this case, if there is no other residential real estate registered on the right holder, the right to reside on these independent sections will be granted to the right holder and his/her spouse if the right holder is married.
• The Law regulates the provision of financial assistance to right holders for construction. It has also been added that the procedures and principles of the assistance to be provided for construction will be determined by the President of the Republic.

3. The definition of “Reserve Area” has also been changed in the Urban Transformation Law

The definition and scope of the reserve area designated as a new settlement area has been expanded and the term “new settlement area” has been removed. The reserve area is defined as “existing urban and rural areas”. In this case, the scope of the reserve area has been considerably expanded. With this amendment, any location can be selected as a reserve area even if it is already inhabited.

4. The Law Provides for Procedures to Accelerate Judicial Proceedings Regarding the February 6 Earthquake;

With the provisional Article 11 added to the Administrative Procedure Law, in the annulment lawsuits filed in the places considered as disaster zones affecting general life due to the earthquakes that occurred on 06.02.2023;

• The initial examination shall be conducted within ten days and the petition and its annexes shall be served.
• The defense period is 15 days from the notification of the statement of claim. This period can be extended for a maximum of ten days for once. The defense petition shall include the building suspension code. The file is deemed to be finalized with the submission of the defense petition or the expiration of the defense period.
• Decisions regarding the request for stay of execution cannot be appealed.
• Discovery is conducted within 15 days after the file is finalized. Expert reports are submitted to the court within 15 days. Expert witnesses and expert reports may be objected to within 7 days from the notification of the report.
• Holding a hearing is subject to the request of the parties and the court’s decision. The parties shall be notified of the hearing invitations at least 15 days before the hearing date.
• Cases shall be decided within fifteen days at the latest from the completion of the file or, in cases where discovery, expert examination or hearing is required, their completion.
• An appeal can be filed against the final decisions within 15 days from the date of notification. Petitions of appeal shall be examined and served within 10 days. The time to respond to the petition of appeal is 15 days. The appeal request shall be decided within 2 months at the latest.
• Full judgment actions and annulment actions are not heard together. The annulment and full judgment cases that were previously filed together are separated. Therefore, if a damage has also arisen from the action of the administration, it will be necessary to file a separate lawsuit for its compensation, unlike the normal procedure.
• In cases where no time period is stipulated in the article, all kinds of works and transactions shall be finalized immediately.

Provisional Article 2 Added to the Expert Witness Law by Law;

Until 01.01.2028, in places deemed to be disaster areas affecting general life due to the February 6 earthquake, experts may be appointed from outside the lists without being subject to the procedure in the laws in the works, cases, investigations and prosecutions pending in judicial and administrative jurisdictions in connection with earthquakes.

5. A lawsuit can be filed for the elimination of partnership in the immovable property that becomes land during the urban transformation process

Regardless of whether the Presidency/Treasury is a stakeholder in the immovables within the scope of this law and whether there is shared or detached ownership in these immovables, the Presidency uses the right of “pre-purchase” in the event of the sale of these immovables in whole or in part to third parties other than the owners of the area or parcel.

After the buildings demolished within the scope of disaster risk, a lawsuit for the elimination of partnership can be filed within the scope of the Turkish Civil Code. The filing of a lawsuit for the elimination of the partnership will not prevent the decision to be taken with the absolute majority of the stakeholders within the scope of the law and the completion of the urban transformation process.