Frequently Asked Questions

The determination of risky buildings will be made by the institutions or organisations licensed by the Ministry and whose list is published on the official website of the Ministry of Environment and Urbanisation and www.kentseldonusum.gov.tr upon the application of any of the owners with a copy of the title deed and identity card.

Buildings located in risky areas do not need to have a risk assessment.

There is no obligation to have a risk assessment for each building. However, in order to benefit from the provisions of the Law, owners must have risk assessment carried out by institutions or organisations licensed by the Ministry of Environment and Urbanisation. It has been determined that many buildings in our country were constructed without engineering services, are not in compliance with technical requirements in terms of materials and workmanship, especially the quality of concrete is very low and carry a risk in terms of earthquake. Therefore, it would be appropriate for every citizen who wants to live in safety and peace in his/her residence and who suspects that the building he/she lives in may be risky to have a risk assessment.

* Petition * Photocopy of Title Deed * Photocopy of Identity Card (Title Deed Holder) * Architectural and static project of the existing building (It can be obtained from the municipality. If there is no relevant project in the municipality, a letter stating that there is no project should be obtained). * Title Deed Encumbrance Certificate to be obtained from the Land Registry Office (To be obtained maximum 1 week before the submission of the report to the Ministry) * UAVT code document of the existing building (It can be obtained from the municipalities.)

Buildings located in risky areas do not need to have a risk assessment.

The condominium owners may object to the registration within 15 days after the notification made to them by the Land Registry Office.

Buildings located in risky areas do not need to have a risk assessment.

In such a case, criminal complaints can be filed to the relevant Public Prosecutor's Offices. This is clearly stated in the Urban Transformation Law.

It is not necessary to take a decision with a 2/3 majority of the owners to have the building risk assessed. An application from one of the owners is sufficient for risk assessment.

The 2/3 majority referred to in the Law is not the 2/3 majority of the number of owners, but the 2/3 majority of the owners in proportion to the shares owned.

The land shares related to the independent sections of the condominium owners who do not agree with the decision to be taken with a 2/3 majority will be sold by auction procedure to other stakeholders who reach an agreement not less than the fair value. If the sale to the stakeholders is not possible, these shares will be purchased by the Ministry and will be utilized in accordance with the decision taken with 2/3 majority.

There is no need for a separate decision to demolish the building.

All services will be suspended in risky buildings for security reasons.

If the building is to be rebuilt, the demolition costs are covered by the construction company. If the demolition of the building is carried out by the Municipalities or the Ministry, the demolition costs will be notified to the Land Registry Offices, and the Land Registry Offices will demand this cost by dividing it according to the proportions of the shareholders.

In the event that an agreement cannot be reached with at least 2/3 majority within 30 days following the notification to the owners, the Ministry, TOKİ or Municipalities may carry out urgent expropriation.

After the finalization of the risky building determination, the owners will be given a period of not less than 60 days to demolish these buildings. Within this period, it will be checked whether the risky buildings have been demolished, if not, an additional period of not less than 30 days will be given and if the risky buildings are not demolished by the owners within these periods, the demolition procedures will be carried out by the local authorities with the participation of local administrations.

Owners or tenants who do not evacuate the risky building within the periods given to the owners for the demolition of the risky building shall be notified to the Infrastructure and Urban Transformation Directorates. A criminal complaint shall be filed with the Chief Public Prosecutor's Office in accordance with the relevant provisions of the Turkish Criminal Code dated 26/9/2004 and numbered 5237, depending on the act committed and the situation, against those who prevent the identification, evacuation and demolition of risky buildings.

According to the Law, any annotation in the registry of the risky buildings that restricts or prohibits real and personal rights and the right of assignment (e.g. mortgage right) will continue on the shares after the risky building is demolished. Therefore, the existence of a mortgage will not constitute an obstacle to the demolition of the risky building.

In the event that there is a lawsuit filed in relation to a building identified as risky, the mere fact that a lawsuit has been filed will not constitute an obstacle to the execution of the actions taken by the administration, unless a stay of execution or annulment decision is issued in these cases.

After the notification of the approval letter of the Ministry of Environment and Urbanization, the building joint decision protocol must be signed by at least 2/3 majority of the floor owners according to the ratio of their land shares and approved by the Provincial Directorates of Infrastructure and Urban Transformation in Istanbul, Izmir and Bursa and the Provincial Directorates of the Ministry of Environment and Urbanization in other provinces.

- How the finalized building demolition will be carried out, - How to share the shares of the new building, - The terms and conditions of the agreement with the contractor, - Obtaining the Ministry's approval for construction, - Whether or not the urban transformation loan will be used or under which conditions it will be used. - Shareholders who do not sign the protocol or cannot attend the meeting should be notified through a notary public that if they do not comply with the decision taken within a 15-day period, their shares will be sold to other shareholders through auction over the value written in the report received from the licensed valuation institution of the Capital Markets Board, and if there is no buyer, their shares will be expropriated.

Buildings to be renovated within the scope of Law No. 6306 can be renovated according to the current regulations and zoning plans of the municipality to which it is connected.

Tenants living in risky buildings can also benefit from the Ministry's relocation assistance up to two rental fees for one time only.

If there are historical artifacts in the transformation area, the Ministry of Culture and Tourism must give an "appropriate" opinion

After the building is demolished, the mortgage will continue on the shares. The mortgage does not prevent the renovation of the building.

The risky building must be evacuated by agreement.

The common property share allocated to independent sections is called land share. It is the share given to the independent sections in proportion to the fair values when establishing condominium ownership or condominium easement.

Land share is a key concept in the urban transformation law and if the owners cannot agree, a decision can be taken at the last point by 2/3 of the land shares. In reconstruction, contractors can give the owners an apartment or a workplace based on their land shares and the square meters they currently use. Due to this land share problem, the process in urban transformation does not go as desired and land share correction cases can be filed in court due to land shares in many immovables. Land share distribution can be made according to the location, facade and value at the time the building was built.

Floor owners living in risky buildings are provided with rent assistance for up to 18 months or interest support for loans to be used from banks upon their request. In addition, transactions, contracts, transfers and registrations and applications to be made pursuant to the Law are exempt from notary fees, title deed fees, fees charged by municipalities, stamp tax, inheritance and transfer tax, revolving fund fee and other fees, banking and insurance transactions. In 2019, the rent assistance fee for Ankara-Istanbul-Izmir is 1150 TL and is provided by local municipalities. This amount is updated every year. For 18 months, you can collect five months of the rent assistance in advance from the Ministry of Environment and Urbanization to help with the costs that may arise during the move.

The owners and tenants of the buildings demolished with an agreement can benefit from the aids and supports to be provided under the Law.

The condition to benefit from the aids and supports specified in the Law is the evacuation of the risky building with an agreement.

Within the scope of the Law, tenants can be provided with a one-off rent subsidy, taking into account their moving costs. If tenants wish to purchase a house, interest support will be provided for loans to be obtained from banks that have signed a protocol with the Ministry.

The monthly rent is updated every year by the Consumer Price Index published by the Turkish Statistical Institute. The maximum duration of rental assistance is 18 months.

Interest support will continue for the duration of the loan. However, interest support payments will be suspended for loans that are not repaid by the beneficiaries.

A maximum of TL 400,000 per independent section can be borrowed. Loan repayments are realized with a grace period of 2 years and a maturity of up to 10 years.

The total amount of loans for which interest support will be provided for those who own more than one house or workplace cannot exceed TL 2,000,000.