A new page has been opened in urban transformation. For the building, which was decided to be demolished with a majority of 51 percent of the votes, the right holders will not be notified by going door-to-door at addresses such as Istanbul or Germany. The demolition decision will remain on the building for 15 days. Thus, the notification will be deemed to have been made. The evacuation period, which was previously extended to 6-9 months, has been limited to 90 days.
After the urban transformation law, which strengthened the legal basis for accelerating the transformation against earthquake risk and renewal of risky buildings, the implementation regulation was also published. Thus, the road map of the transformation for municipalities, contractors and right holders became clear. The meeting requirement for the building, which is decided to be demolished with a 51 percent majority, has been abolished.
In other words, there is no obligation to notify other owners at a meeting. In the risky building notification, all right holders will no longer be called door-to-door at the addresses they have given such as Istanbul, Ankara, Germany and Switzerland. The “risky building” decision of the building will be posted in the building to be transformed, and the notification will be deemed to have been made by sending it to the mukhtar and e-government. The decision will remain hanging in the building for 15 days. Previously, the period was extended to 60 days with two notifications. Objections not made within the two-week suspension period will also be deemed invalid.
The evacuation period, which was extended to 6-9 months after the notice of suspension, has been limited to a maximum of 90 days. In other words, right holders must vacate the building within a maximum of 3 months. For the owners who are outside the 51 percent and for whom the meeting requirement has been lifted, legal experts said, “If he is out of town, he cannot see the notice posted on the building. For this reason, they should check their notifications by logging into e-Government at least once every 10 days. Those who do not check e-Government cannot see the building even if it is demolished.”
Complete loss of rights
Real Estate Law Institute (GHE) President Lawyer Ali Yüksel stated that the new urban transformation law and regulation aims to accelerate urban transformation.
Pointing out that the transformation decision, which used to be made by capturing 2 out of 3, can now be taken with 51 percent, Yüksel continued as follows: “The law says that there is a period of agreement among themselves, and that agreement among themselves is essential. However, the regulation states that there is no need for a meeting with the owners, and that ‘the others shall notify the others of the decision they have taken’. Since it says ‘or’ here, those who do not hold an agreement meeting may multiply. The contractor conducts the settlements. If you don’t hold a meeting, if you don’t invite them to sign, if you don’t invite them to sign, if you hang it directly to the mukhtar, to the building, this may be subject to a lawsuit. Therefore, all right holders should attend the transformation meetings. They may lose their rights completely if they do not attend the meetings for the urban transformation of the building.”
Pointing out that notification to the residence is not mandatory with the renewed legislation and regulation, Yüksel said: “With the new regulation, there is no obligation to send the notification to the residence address. It is enough to send it to e-Government, to the mukhtar’s office and to attach this notification to the risky building. Therefore, if the person does not check his e-Government, if he does not go to the mukhtar’s office, if the apartment in the apartment building has been determined and a contract has been made with a 51 percent majority, he cannot see the contract without examining it at the mukhtar’s office. He cannot see that the building has been demolished, he can only see money in his account. For this reason, the person needs to check his e-Government every 10 days, I think if he does so, he will not miss it.”
15 days or 90 days can be given for eviction
Ali Güvenç Kiraz, President of the Real Estate Law Association (GHD), said that in the past, there used to be two notification periods of 60-30 days and the eviction period, which started with the notification to the last owner, sometimes extended to 6-9 months, and now the eviction is limited to 90 days after 15 days of suspension.
GHD President Ali Güvenç Kiraz explained what the new Urban Transformation Law brings as follows: “If any of the owners do not want to open their doors after the request made by the owners to take cores within the scope of risky building determination, the licensed institution applies to the Provincial Directorate of the Ministry. The Directorate writes to the District Governorate and the core was to be taken by the police. With the new regulation, “In the event that the determination of the risky building is prevented, the determination will be made or made ex officio by opening or having the doors opened with the letter of the local administrative supervisor and by providing sufficient law enforcement force.”
Pointing out that the decision on risky building determination will be notified to the land registry office within 10 working days by the Presidency or the Administration and that the risky building letter will be hung on the building by the Presidency or the Administration (municipalities, special provincial administrations), not by the land registry office, Kiraz said, “The owners will be notified through the e-government portal, and it will be kept suspended for 15 days at the mukhtar’s office. On the last day of the suspension at the mukhtar’s office, all real and personal right holders will be deemed to have been notified. Risky buildings will also be announced on the Ministry’s website for 15 days for the same period. The owners can appeal against the risky building decision within 15 days to the district mayors’ offices in Istanbul, Ankara and Izmir, and to the Provincial Directorates of the Ministry of Environment, Urbanization and Climate Change in all centers and districts of other provinces.”
Ali Güvenç Kiraz pointed out that the eviction periods and the notification issue have also been rearranged and explained the new process as follows: “In the old regulation, the first notification was defined as not less than 60 days and the second notification was defined as a new period to be determined by the administration. However, with the new regulation, a single period is envisaged and this period is defined as not more than 90 days. For example, if there are 5 apartments in an apartment building, the municipality may give 15-25-35 days, and if there are 100 independent sections in a block in a site, the administration will be able to give a maximum of 90 days. According to the legislation, ‘in the event that the evacuation of the risky building is prevented, the evacuation will be carried out ex officio with the letter of the local administrative supervisor and by providing sufficient law enforcement force by opening the gates or having them opened. All costs incurred in such evacuations will be reflected in the title deed record in proportion to the shares of the persons who personally prevented the evacuation and will be collected within the scope of Law No. 6183.”
Requirement of notification to all owners abolished
Ali Güvenç Kiraz, President of GHD, pointed out that the requirement that municipalities must notify all owners of the eviction and demolition notices that they will now be obliged to issue, which include a maximum 90-day eviction and demolition period, has been abolished. Kiraz continued as follows. “The eviction letter will be posted on the apartment door, the owners will be notified via the e-government portal and will be announced at the mukhtar’s office for 15 days. As of the end of this 15th day, all owners will be deemed to have been notified of the eviction-demolition period and the period will begin. For example, let’s assume a period of 70 days for that apartment building, which was posted in the mukhtars’ office on June 15th. At this point, as of June 15, the announcement will be deemed to have been notified to all owners on June 30 and the 70-day evacuation period will be completed on September 8. At this point, there will be no condition such as whether the owners are personally notified.”
Lawsuits may increase by 30 percent
GHE President Lawyer Ali Yüksel pointed out that lawsuits may increase in the face of the new situation. Yüksel said, “If the building you live in is close to the mukhtar, you will hear about it, but if you have a residence in various provinces such as Çeşme, Kayseri, Sivas, İzmir, you have to go to the mukhtar where that residence is located. In the past, there used to be a two-thirds majority, and since the number of people who did not compromise was lower, the number of lawsuits was accordingly, but now there is a 50 percent who do not compromise, so there may be a 20-30 percent increase in the number of lawsuits.”
(dünya gazetesi)
