The urban transformation process, which has been implemented recently especially in the Kadıköy region, continues despite the deficiencies in the legislation. The application recently made by the Republican People's Party to the Constitutional Court has been preserved as it is, called the 2/3 rule, which attracted the reaction of many citizens, as a result of the evaluation made by the Court, on the grounds that public security is prioritized. The most important regulation brought by the court was that it reopened the way to stay the execution against the Administration's actions.
The amendments made to the "Implementation Regulation No. 6306" on July 25, 2014, instead of addressing the basic points in the application to the Constitutional Court, correct some of the incomplete points and aim to bring order to risky building inspection companies. To examine the main changes brought by the new regulation;
– Preventing derelict buildings from being classified as risky buildings: As it is known, the most important financial advantage of urban transformation for contractors is maintaining the 8% VAT advantage in housing sales. House deliveries with a net area of up to 150 m2 for housing construction projects to be carried out in places designated as reserve building areas and risky areas within the scope of the law and in places where risky structures are located, maintain the 8% VAT rate. For this reason, it is pointless to include abandoned buildings within the scope of the law that was introduced to ensure life safety. In the new regulation, risky structure; It is made about structures that can be used on their own, that are covered and that people can enter, and that are used for people to sit, work, have fun, rest or worship, and structures that serve to protect animals and belongings. Buildings that are under construction but not inhabited and buildings whose structural integrity has been compromised due to being abandoned or partially demolished are excluded within the scope of the law.
– Regulation on structures without floor easement or condominium ownership: Before the regulation, there was no clear provision as to whether immovable properties without floor easement or condominium ownership would be within the scope of the law. In the new regulation, it is stated that the application for risky building determination for these buildings will be made by the land share owner who owns the building. In cases where it is stated in the title deed that the building on the land belongs to someone else, the application will be made by the relevant annotation owner.
– Possibility of strengthening the risky building instead of demolishing it: In accordance with the new regulation, the owners of the building that has been identified as a risky building will be able to make a decision to strengthen it in accordance with the condominium law, if they determine that the building can be strengthened. As a result of this decision, it will be possible to strengthen the building by the owners, once the reinforcement project is prepared and the relevant licensing process is carried out.
– Notification through a notary public regarding the meeting call regarding the auction has been abolished: In practice, there are various difficulties in ensuring that all owners agree on the demolition and in selecting the contractor company. After a 2/3 majority reaches a consensus regarding the land share, the auction process is initiated for the remaining owners. In order to initiate this process, the meeting of flat owners was required to be invited by a flat owner through a notary. Especially in buildings with a large number of owners, making the invitation through a notary placed a burden on the owners. In the change made, the element of making the relevant meeting invitation through a notary has been removed. It is important to remind that the decision to be taken at the auction meeting and the content of the notification to be made to those who did not attend the meeting require legal knowledge, and therefore doing the job through a lawyer will prevent future losses of rights.
– The decision was abolished by the majority vote of the owners in the subdivision process: Another problem seen in practice was the determination of a building as a risky building in case there was more than one building in the same parcel, and the situation where there were no other buildings or structures on the same parcel. Before the regulation, these structures could be evaluated separately and, if possible, requesting their division could only be made by a 2/3 majority decision. The current regulation stipulates that, in cases where subdivision is possible, the subdivision process should be carried out ex officio by the Infrastructure and Urban Transformation Directorate.
– Signing of the contract by opposing owners during the auction process: If the auction process is started, it is possible for the owners who do not participate in the majority and whose flats will be subject to sale to participate in the decision during this process and invalidate the auction process. The new regulation stipulates that the time required for the relevant owners to participate in the decision will be determined by the auction commission and that it is possible to participate in the decision only during this period. This gap in the previous period was corrected with the amendment of the law.
Apart from the above-mentioned regulations, changes have also been made regarding the organizations that detect risky buildings. As a result of the regulations, no substantial regulation has been introduced regarding the problems experienced by citizens, especially flat owners, in the process. Problems in the urban transformation process, where human relations and property rights are closely linked, require more regulation than the order brought by current legislation and institutions.
For More Detailed Information:
Av. I. Can Çayırpare email: can.cayirpare@cvghukuk.com
Tel: 0532 474 30 35
Av. B. Güven Cem email: guven.cem@cvghukuk.com
Tel: 0533 740 86 28
Av. Volkan Önkibar email: volkan.onkibar@cvghukuk.com
Tel: 0535 662 61 06
