Urban Transformation Law: Legal Information for Rights Holders in Istanbul

A guide for those who want to take informed steps regarding urban transformation projects in Istanbul. Legal information and process details for rights holders to manage the process securely in Avcılar, Esenyurt, and Büyükçekmece. Information on topics such as risky building identification, demolition orders, betterment rights (şerefiye), and parcel and block amalgamation with an Urban Transformation Lawyer.

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Introduction

Following the devastating impact of the February 2023 Kahramanmaraş-centered earthquakes in our country, and due to Istanbul's high population growth combined with a lack of preparedness for an earthquake disaster, the Ministry of Environment and Urbanization enacted the "Half is on Us Campaign" (Yarısı Bizden Kampanyası), accelerating urban transformation services, particularly in our districts of Avcılar and Büyükçekmece. However, these processes are of great importance for property owners and individuals who wish to purchase real estate identified as risky buildings. Particularly in densely built-up areas like Istanbul, Istanbul Urban Transformation Lawyer gaining legal awareness with their support is of critical importance for the protection of rights.

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Core Legal Elements in the Urban Transformation Process

The main elements to consider during the urban transformation process, particularly in the Avcılar and Büyükçekmece districts, are as follows:

• Identification of Risky Buildings: Official recognition of a structure as risky is the fundamental step initiating the transformation process. Although an objection against the risky structure determination decision is possible, the administration's decision regarding the risky structure generally remains unchanged.
• Demolition Decision: Demolition decisions issued after the determination of a risky structure constitute a legally significant process. Following the determination of a risky structure, the immovable property must be demolished for the urban transformation to commence.
• Ex Officio Share Sale: This is a legal procedure that requires careful attention during the property transfer and share regulation phase. The share of a condominium owner who refuses to sign the contract with the contractor is put up for sale ex officio based on the valuation report to be obtained. The ex officio sale is conducted primarily among the condominium owners; if no result is achieved from the sale among the condominium owners, a second sale is held via a public auction.
• Title Deed and Property Rights: The title deed records and premium/betterment rights (şerefiye) of the rights holders are among the most sensitive issues of the process. To prevent property owners holding premium rights from suffering grievances due to urban transformation, the transformation process must be meticulously monitored by an urban transformation lawyer.
• Contract to be Concluded with the Contractor: It is crucial that contracts defining rights and obligations are drafted in compliance with the law. The urban transformation process begins by executing a contract with the contractor. The contractor is required to construct the building within the period specified in the contract, use materials of the quality specified in the contract and technical specifications, and monitor the urban transformation service at every stage.

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Urban Transformation in Istanbul Examples

Urban transformation practices continue in every district of Istanbul. However, because urban transformation services are applied to risky structures, urban transformation is implemented more rapidly, particularly in districts with older settlements.

Avcılar Urban Transformation

Büyükçekmece Urban Transformation

Başakşehir Urban Transformation

Legal issues that require attention in these regions:

• Zoning Increase Application in Avcılar
• Parcel Amalgamation and Block Amalgamation
• Architectural Project Approvals

These applications and legal processes are crucial for property owners to understand their rights and make informed decisions. Exclusively within the scope of the Avcılar Urban Transformation practice, the zoning increase application has been initiated for block and parcel amalgamations. You can find detailed information about this application and the Avcılar zoning increase practice https://batinyilmaz.av.tr/otomatik-taslak/ on our website.

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Real Estate Law and Protection of Rights

Urban transformation law is directly related to real estate law. Prominent issues include:

• Right of Solatium (Şerefiye): Determined based on the ranking of property owners and the increase in the value of the immovable property, this right is economically significant.
• "Half is on Us" Campaign: Economic advantages applied in certain projects impact the financial dimension of the process.
• Contracts and Legal Consulting: Beneficiaries understanding their contracts and rights contributes to the secure progression of the process.

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The Importance of Legal Awareness

Being informed during the urban transformation process is the most effective way to prevent loss of rights. Legal awareness:

• Ensures the process proceeds transparently and securely
• Supports beneficiaries in making informed decisions
• Prevents potential disputes

Especially in districts with large and older structures such as Avcılar and Büyükçekmece, projects and legislation are quite complex. Therefore, legal consulting is important for the process to proceed clearly and securely. With legal support from an Urban Transformation Consultant and an Urban Transformation Attorney, assistance is provided regarding ensuring that contracts for structures identified as risky and those to be made with the contractor comply with the law and equity, determining whether the contractor acts in accordance with the contract during the reconstruction process, rectifying any breaches of contract, and, if rectification is not possible, claiming compensation.

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Summary and Recommendations

The urban transformation process requires property owners and investors to take conscious steps to protect their rights in projects located in districts such as Avcılar, Büyükçekmece, and others in Istanbul.

Key elements to consider:

• Identification of risky structures and demolition decisions
• Ex officio share sales and title deed transactions
• Betterment rights and contract processes
• Zoning increase applications, parcel and block mergers in Avcılar
• Architectural project approvals and real estate law

Gaining legal awareness during the urban transformation process is the first step to ensuring the process proceeds smoothly and rights are protected.

Urban Transformation Lawyer

Atty. Batın YILMAZ