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İnşaat Yatırımları A.Ş.
Urban Renewal: Rebuilding Cities
Istanbul, particularly districts like BeÅŸiktaÅŸ with their rich historical and cultural heritage, is among the areas where urgent measures are needed against earthquake risks. Buildings constructed many years ago that have lost their structural integrity pose a significant threat, potentially causing serious loss of life and property in the event of an earthquake.
For this reason, urban transformation is critical not only for safety but also for creating sustainable, aesthetically pleasing structures that support modern city life. New buildings will be designed with eco-friendly materials that enhance energy efficiency, protecting the environment while serving as an investment in the future.
Moreover, transformation projects that respect BeÅŸiktaÅŸ’s unique historical texture and blend the district’s aesthetic values with modern architecture will not only ensure safety but also improve quality of life, creating a more orderly, attractive, and livable urban environment. Every individual who acts with this awareness contributes to both their own and the community’s safe future.
How the Process Works?
Concept of Risky Structures
The concept of risky structures, as defined by Law No. 6306 on the Transformation of Areas under Disaster Risk, includes buildings that may be located both within and outside designated risk zones. These are structures that have reached the end of their economic life or are identified, based on scientific and technical data, as carrying a risk of collapse or severe damage.
Identifying these buildings is of great importance for public safety and the creation of sustainable living spaces. Therefore, transformation efforts on such structures should be planned with consideration for both environmental factors and community needs. Converting risky structures will not only enhance disaster resilience but also improve overall quality of life.
How is the Assessment of Risky Buildings Conducted?
The first step in this process is to determine whether the building can withstand an earthquake. This assessment must be carried out by licensed organizations. Only institutions licensed by the Ministry of Environment, Urbanization and Climate Change can conduct the identification of risky structures. These organizations perform the assessment by preparing a “Risk Assessment Report.”
The Ministry grants licenses to institutions, organizations, and companies that meet the required criteria and regularly publishes these lists on its website. The list of authorized organizations can be accessed at csb.gov.tr. This list serves as an important resource for ensuring public safety and identifying buildings at risk of earthquakes. Therefore, it is crucial for property owners to work with licensed organizations during this process.
Who Can Have a Risky Structure Assessed?
The risky structure assessment is an important process that can be initiated by property owners or their legal representatives. At this stage, it is sufficient for only one of the owners to submit the request; no majority approval is required.
If the assessment is requested by a single owner, the costs are the responsibility of that owner alone. However, if the assessment is initiated by the building manager based on a decision of the condominium owners’ board, the costs are shared among all owners in proportion to their land shares.
To apply to a licensed organization for a risky structure assessment, the applicant must submit a written request along with proof of ownership (title deed) and an identification document. If the applicant is represented by a legal representative, a power of attorney must also be provided. Submitting these documents completely and accurately is crucial for ensuring a fast and smooth process.
What Happens After the Assessment?
Reports related to the assessment of risky structures are submitted by the responsible authority or licensed institution to the Provincial Directorate of Environment and Urbanization in the province where the building is located. The Provincial Directorate reviews these reports to ensure they comply with technical standards. If no deficiencies are found, the identified risky structures are notified to the relevant land registry office within 10 business days, so that the information can be recorded in the declarations section of the title deed.
When a risky structure assessment is conducted, the land registry office also informs the property owners. They are notified that they have 15 days to appeal the assessment and that a 60-day period is granted for the demolition of the risky structure. This process is crucial for protecting the rights of the owners.
Once the assessment is finalized, the Municipality issues a demolition notice to the property owners. The notice requires the owners to carry out the demolition themselves. If the structure is not demolished within the 60-day period, the Municipality will perform the demolition and grants a final additional 30-day period to the owners.
What Should Unit Owners Do?
At this stage, it is important for the property owners to reach a unanimous agreement. If unanimity cannot be achieved, the construction of a new building, sale of shares, build-and-share arrangements, or other methods may be used to re-evaluate the property. Once the value of the risky structure is determined by a licensed appraisal company registered with the Capital Markets Board, the appraisal report is shared with all owners, and all owners are invited to the meeting. Subsequently, a decision is made by a 2/3 majority of the owners based on their respective land shares, and the joint decision protocol for the building is signed.
During the general assembly meeting for the property identified as risky, the first step is to select the presiding committee. During the meeting, the construction company presents proposals to the owners, including the construction method, project, and details. Then, the real estate appraisal report prepared by experts licensed by the Capital Markets Board is read. After evaluating the proposals and the report, unanimous agreement is aimed for; if unanimity cannot be reached, a decision can be made by a two-thirds (2/3) majority of the land share. The decision covers the selected construction company, construction method, and project details.
Owners who do not participate or disagree with the decision are notified via a notary. The notification states that if the decision is not accepted within fifteen days, the land shares corresponding to the independent units will be sold by auction to the other owners who agreed to the decision at a price not lower than the market value determined by the Ministry. If the sale does not occur, the property will be sold to third parties according to the terms of the agreement.
What Happens if the 2/3 Majority Cannot Be Reached in Risky Structures?
If risky structures are not demolished within the timeframes granted to the owners, the provision of electricity, water, and natural gas to these buildings may be suspended, or existing services may be cut off upon request from the relevant authorities and institutions. Upon the administration’s request, these institutions are obliged to stop providing these services. Risky structures that are not demolished within the specified period are reported to the local authority, and their evacuation and demolition are carried out or arranged by the administration with the support of law enforcement provided by the local authority.
How is the Auction Process for the Land Shares of Owners Who Did Not Participate in the Decision?
For parcels containing risky structures, a decision by at least a two-thirds majority of the stakeholders is required for the sale of land shares. In this process, the signed decision minutes of the agreeing owners, contract or power of attorney copies, notification of the decision and offer via a notary or in accordance with Law No. 7201, the appraisal report, and the owners’ address information for notification are submitted to the directorate or competent authority.
It is not required that the buildings be demolished for the sale to take place. The time and place of the sale are notified to the agreeing owners and the owners participating in the sale; failure to notify or absence of owners does not affect the validity of the sale. The first sale is open only to the stakeholders who agreed by the two-thirds majority; if they do not wish to participate, third parties may join subsequent sales. Therefore, it is important for landowners not to enter the risky structure process without first reaching an agreement with a construction company among themselves, in order to prevent potential grievances.