Why Should You Work with an Expert Lawyer in the Urban Transformation Process?

The urban transformation process in Turkey is gaining momentum day by day, and building renovation works are increasing, especially in earthquake-prone regions. However, urban transformation is not merely a technical and construction process; it is a process that involves extremely complex and serious legal risks. For this reason, it is of vital importance for flat owners whose buildings will undergo urban transformation to work with an attorney specializing in urban transformation from the very beginning of the process.

Are Urban Transformation Consultancy Firms Really Reliable?

With the acceleration of urban transformation in recent years, many firms claiming to provide consultancy services in this field have emerged. However, urban transformation processes carried out with consultancy firms that are not lawyers are extremely risky.

Because;

• Of a consultancy firm that is not a lawyer
• The legal deficiencies in the urban transformation contract
• Potential future disputes
• Unbalanced clauses drafted in favor of the contractor
• Provisions that may lead to a loss of rights for flat owners

to be able to identify is not possible.

It should not be forgotten that urban transformation agreements may contain provisions that could lead to the loss of millions of liras in rights in the future. These agreements must not only be "read", but also analyzed from a legal perspective . This can only be done by a lawyer who is an expert in their field.

The Biggest Problem in Urban Transformation: Inadequate Contractors

One of the biggest problems encountered in the field of urban transformation is that companies lacking sufficient workforce and financial capacity bid on every project. In practice;

• having never constructed a building in their life,
• having not delivered even a single building previously,
• and lacking sufficient technical staff and financial capacity,

it is observed that even such companies submit bids for projects by claiming "we are experts in urban transformation."

Furthermore, even if they operate in the construction sector, companies with inadequate workforcefrequently undertake multiple urban transformation projects simultaneously and consequently fail to complete the projects on time. This situation causes flat owners to be unable to move into their homes for years and to suffer severe grievances.

The Contractor Company Must Be Thoroughly Researched

When selecting a contractor during the urban transformation process, one should not rely solely on the promises or visual presentations offered by the company. The first step to be taken is to inspect the previously completed projects of the contractor company on-site..

However, there is also a significant risk here:
In practice, some companies, representing projects they did not actually execute as if they did is being heard.

Therefore;

• The trade registry records of the contractor company
• Enforcement files to which it was previously a party
• Ongoing or concluded lawsuit files
• Disputes experienced with the flat owners

must be examined one by one.

Particularly in its past commercial life;

• having left debts to other companies,
• having aggrieved flat owners,
• having exhibited behaviors contrary to commercial ethics

contractor companies are extremely unlikely to carry out the urban transformation process in a healthy manner. All of these examinations require legal knowledge and experience.

One of the Most Critical Issues in Urban Transformation Agreements: Construction Permit Date

In urban transformation agreements to be concluded with contractors in the presence of a notary public, one of the most frequently overlooked yet most vital clauses, is the clear and explicit specification of the date on which the contractor company will obtain the construction permit.

If in the agreement;

• The date by which the construction permit will be obtained is not clearly stated,
• It is not tied to a specific timeframe,
• It is not subject to sanctions,

the contractor company may obtain the building permit years later. In this case, flat owners both suffer a loss of time and experience serious difficulties in exercising their legal rights.

In practice, it is observed that many grievances stem precisely from this point.

Working with a Lawyer in Urban Transformation Is Not a Choice, It Is a Necessity

The urban transformation process;

• Contract drafting
• Contractor research
• Legal risk analysis
• Disputes among flat owners
• Legal follow-up from the beginning to the end of the process

and similar stages. Therefore, working with a lawyer in urban transformation is not an "extra service", but a mandatory safeguard.

Working with an urban transformation lawyer who is an expert in their field ensures the prevention of irreversible losses of rights in the future.

For Professional Urban Transformation Legal Consultancy

If your building is going to undergo urban transformation, in order to avoid any grievances, from the very beginning of the process it is of great importance to work with a lawyer specialized in the field of urban transformation.

You may contact our office to receive professional support regarding urban transformation consultancy and legal support services.

Atty. Batın YILMAZ