Urban Transformation has been regulated under the Law No.6306 ("the Law"). The Law mainly aims to enhance old structures. The Law enables property owners to get their apartments rebuilt through cost efficient methods as well as its other conveniences such as rent allowance, credit facilities, move allowance, tax and fee immunities etc.
How to process for Urban Transformation according to the Law?
As per the Law, undermentioned steps shall be mainly fulfilled to finalise urban transformation process;
- Application to obtain detection report for risky building shall be made to authorised agencies and institutes by one or more property owners.
- Property owners may object to the detection report in fifteen days as of notification date.
- Following finalization of the detection report Demolition Permit shall be provided.
- Risky building has to be evacuated in 90 days (60 days + additional 30 days) following the detection report served.
- Property owners shall take a decision by 2/3 majority regarding how to benefit from the risky building.
- Application for rent/move allowances shall be made to Provincial Directorate of Ministry of Environment and Urbanisation.
- Construction Permit shall be obtained following preparation of projects.
- Residential Usage License shall be obtained after construction period is completed and the process is ended.
Please note that; rent allowance may be provided at most maximum period of 18 months and such amount is determined by Ministry of Environment and Urbanisation on yearly basis (TRY 735,00 for the year of 2015). Plus credit facilities may provide credit up to TRY 100.000,00. However, property owners should choose either to obtain rent allowance or credit.
On the other hand, other issue to be emphasized is status of the property owners dissenting to decision taken by 2/3 majority. The decision shall be send by public notary to dissenting owners. They shall be notified in this notification that if they don't accept the decision in fifteen days their land share shall be sold other property owners who agreed with the decision.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.