Büyükçekmece Urban Transformation Service – Legal Processes and Professional Support

The Büyükçekmece urban transformation process is a legal and technical procedure of vital importance, particularly for citizens living in areas with a high earthquake risk. Many stages—such as risky building identification, contracts to be executed with contractors, property owners making decisions by a 50%+1 majority, ex officio sales proceedings, and title deed procedures—require both technical knowledge and legal experience. Therefore, ensuring that the urban transformation process is managed by a urban transformation lawyer ensures that the process is completed safely, swiftly, and smoothly.

In the content below, we explain all stages of urban transformation services in the Büyükçekmece region in a detailed, clear, and professional manner.

---

Why is Urban Transformation Important in Büyükçekmece?

Büyükçekmece, being one of Istanbul's districts with a high earthquake risk, possesses a significant amount of aging building stock. Therefore, urban transformation is of great importance for citizens to acquire safe residences.

Prominent reasons for urban transformation in the region:

• Density of buildings constructed prior to 1999
• Deterioration observed in the load-bearing system
• Structures not compliant with earthquake regulations
• Increasing population and construction density
• The need for modern, safe, and energy-efficient housing

Proper management of the urban transformation process helps property owners secure a new living space while protecting both their legal and financial rights.

---

Risky Structure Assessment Process (The First and Most Important Step)

is the starting point of the urban transformation process risky building assessment. This assessment is conducted by institutions licensed by the Ministry of Environment, Urbanization and Climate Change.

Matters to Consider in Risky Structure Assessment

• The assessment can be initiated upon the request of even just one of the property owners .
• The report prepared as a result of the examination is submitted to the Ministry.
• Upon approval by the Ministry, it is registered in the land registry risky building annotation is recorded.
• From this point on, the rights and responsibilities of the property owners commence.
• The 60-day evacuation and demolition process is initiated.

Advantages of Having a Risky Building Assessment Conducted

• Provided by the state rental assistance
• Low-interest urban transformation loan
• Fee and tax exemptions
• Expedited title deed and project approval processes

Since mistakes made at this stage can lead to serious delays in the process, it is recommended to proceed with the assistance of an attorney.

---

Contractor Agreement Process: The Key to Preventing Loss of Rights

One of the most critical stages of the Büyükçekmece urban transformation process is entering into a construction agreement in return for flats or turnkey construction contract.

Things to Do Before Reaching an Agreement with the Contractor

• The contractor's financial adequacy must be investigated
• Ongoing projects must be examined
• References must be checked
• A bank letter of guarantee must be requested
• The contract must be drafted by an attorney

A poorly drafted contractor agreement:

• To loss of square footage
• Regarding deficiencies in common areas
• Regarding delays
• Regarding pecuniary damages
• Regarding litigation processes

.

Essential Clauses That Should Be Included in the Contract

• Construction completion and delivery date
• Delay penalties
• Allocation of independent sections
• Technical specifications
• Provisions on collateral and liquidated damages
• Arrangements regarding common areas

A contract executed with the assistance of an expert urban transformation lawyer guarantees all the rights of the property owners.

---

Decision-Making Process with a 50%+1 Majority

Pursuant to Law No. 6306, following the identification of a risky structure, the decisions to be made by the property owners with a 50%+1 majority allow the process to proceed without the participation of all property owners.

Decisions That Can Be Taken with a 50%+1 Majority

• Contractor selection decisions
• Contract approval
• Project acceptance
• Determination of common expenses
• Initiation of the renovation process

Once this majority is achieved, the process may proceed even without the consent of the minority property owners.

What Happens to the Minority Property Owners?

Property owners who do not comply with the majority decision are served a notice to accept the decision. For the independent sections of those who do not accept, ex officio sale (auction) process may be initiated.

---

Ex Officio Sale Process (Legal Remedy Against Resisting Property Owners)

The independent sections of property owners who obstruct the urban transformation process may be sold by public auction through the Ministry of Environment and Urbanization. This procedure is called ex officio sale .

Stages of the Ex Officio Sale Process

1. A 50%+1 majority decision is reached
2. The decision is served to the minority
3. A 15-day period is granted
4. Non-compliant property owners are reported to the Ministry
5. The auction is announced
6. The highest bidder makes the purchase

Important Notes for Resisting Property Owners

• The independent section is sold at its actual market value
• The proceeds are deposited into the bank in the name of the owner
• The property owner does not suffer any loss of rights
• Obstacles stalling the process are eliminated

Therefore, sale by ex officio is an effective legal process that makes the majority decision binding for the entire building.

---

Advantages of Working with an Urban Transformation Lawyer

Urban transformation is not merely a technical process; it also involves intensive legal stages. Therefore, having the process managed by a urban transformation lawyer prevents loss of rights and ensures that all procedures are completed professionally.

Key Services Provided by the Lawyer

• Management of the risky structure assessment process
• Tracking of title deed (tapu) proceedings
• Contractor selection and contract drafting
• Organization of the 50%+1 majority decision process
• Tracking of ex officio sale procedures
• Merger (tevhit), subdivision (ifraz), and property type change (cins değişikliği) procedures
• Legal consultancy in zoning and licensing processes
• Conducting litigation processes in case of disputes

With the assistance of a professional lawyer, the process is completed more swiftly, securely, and in compliance with the law.

---

Frequently Asked Questions About Urban Transformation in Büyükçekmece

1. What share is given to the contractor in urban transformation?

Although this ratio varies depending on the project, location, and the condition of the building, it generally ranges between 40% and 55%.

2. How long does the rental assistance last?

Rental assistance can be provided for up to 18 months following the registration of the risky structure annotation.

3. How long does it take to complete the process?

A project, including the contract and permit phases, is completed within an average of 24–36 months.

4. Is the approval of all property owners required?

No. A majority of 50%+1 is sufficient.

---

Conclusion: Professional Support is Essential in the Büyükçekmece Urban Transformation Process

The Büyükçekmece urban transformation process involves multifaceted and complex steps such as risky structure identification, agreement with the contractor, the 50%+1 majority, ex officio sales, and title deed procedures. Even a minor mistake made in each of these processes can lead to serious loss of rights. Therefore, proceeding with a urban transformation lawyer from the beginning to the end of the process ensures both legal security and prevents loss of time.

Managing urban transformation with professional support is the most appropriate approach to owning a safe, modern, and earthquake-resistant building.