Urban Transformation Lawyer

One of the main problems brought about by urbanization is haphazard urbanization. Urban transformation projects, seen as solutions to the problems caused by haphazard urbanization, can involve a number of disagreements during their implementation. Urban transformation lawyers , actively involved in this process, handle tasks such as preparing the Land Sale Agreement in Exchange for Construction and the Technical Specifications document, which includes details about the materials to be used in construction, objecting to the identification of risky buildings, and managing the process.

The procedures and principles regarding the identification of risky buildings, risky areas and reserve building areas, the demolition of risky buildings, the planning to be carried out, the determination of the value of the properties to be transformed, the agreements to be made with the rights holders and the assistance to be provided, and the construction of new buildings are determined within the scope of Law No. 6306.

The Law No. 6306 on the Transformation of Areas Under Disaster Risk, known as the "Urban Transformation Law," serves as a guide for activities related to identifying risky areas and structures. A risky structure within this context encompasses buildings, whether located within or outside a risky area, that have completed their economic lifespan or are determined, based on scientific and technical data, to be at risk of collapse or severe damage.

Risk Assessment of Buildings

According to Article 7 of Law No. 6306, risk assessment applies to structures that are self-contained, covered, and accessible to people for living, working, entertainment, rest, or worship, as well as structures used for the protection of animals and goods. Owners or their legal representatives have the right to appeal these assessments. Structures under construction and uninhabited, as well as structures whose structural integrity has been compromised due to derelict or other reasons, are not subject to risk assessment.

Objection to the Determination of a Building at Risk

The duties of an urban transformation lawyer include appealing against decisions regarding risky buildings and areas, conducting legal proceedings in these appeals, and holding meetings with demolition and construction companies. According to Law No. 6303, appeals against risky building designations are primarily made by the building owners or their legal representatives through an electronic software system, at their own expense. If, according to Law No. 634 on Condominium Ownership, a land share deed exists because a condominium ownership or easement has not been established, the risky building designation of the building actually located on the land is carried out by the land share owner. If the building on the land belongs to someone else and this is indicated in the land registry, the appeal is made by the party in whose favor the risky building designation was recorded.

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