Urban renewal is a process that aims to renew structures which are not earthquake-resistant and have reached the end of their useful life with safe buildings, yet in its legal dimension it can be complex and wearing for most owners. From a building being declared a risky structure to the signing of a contract with the contractor, and from the determination of ownership rights through to rent assistance and eviction, losses of rights may occur at every stage. For this reason, setting the process up correctly from the very beginning is critically important, since the first steps taken determine the entire course of the file. As Av. Aydın, we offer our clients holistic legal support at every stage of the transformation process under Law No. 6306. Working with an experienced Izmir urban renewal lawyer both ensures the protection of the owners' rights and enables the process to advance in a predictable manner.
Our Services as an Urban Renewal Lawyer
Urban renewal law is a multi-layered field that brings together zoning legislation, the provisions of condominium law and the rules of the law of obligations concerning construction contracts, governed above all by the Turkish Law No. 6306 on the Transformation of Areas under Disaster Risk (Afet Riski Altındaki Alanların Dönüştürülmesi Hakkında Kanun). Disputes in this area require both technical and legal knowledge. An Izmir urban renewal lawyer must be able to assess correctly not only the administrative side of the process but also the relationship among the owners themselves and the contract concluded with the contractor. Our principal services and types of cases are the following:
- Risky structure identification and objection to the identification: Following the process by which the building is identified as a risky structure, examining the report prepared by the licensed institutions, and objecting in time to flawed or incomplete identifications is the most critical opening step of the process.
- The owners' decision-making process and simple majority: Once the risky structure has been finalised, we provide legal support so that the owners' decisions on demolition, reconstruction and the choice of contractor are taken in conformity with the law and so that the meeting and decision minutes are drawn up in due form.
- Ownership rights in urban renewal: The determination of who will be a right-holder, and in what proportion, in the new structure to be formed after the transformation, and the resolution of disputes over the shares of the stakeholders and over ownership rights, fall within the scope of our work.
- Land-share and valuation disputes: The correct determination of the land-share proportions that form the basis of distribution in the new structure, objections to erroneous land shares and the auditing of valuation reports are frequently encountered disputes.
- Contractor and land-share-for-construction contracts: The preparation, negotiation, review of, and the assessment of legal remedies in the event of breach of, land-share-for-construction (flat-for-land) contracts, one of the points where owners suffer the greatest harm, are among our services.
- Rent assistance processes: Following up applications for the rent assistance that may be provided to owners and tenants during the transformation process, and resolving disputes concerning assistance that is not paid or is cut off.
- Eviction and demolition processes: We provide support on the eviction of the risky structure, the proceedings concerning stakeholders or tenants who do not comply with the eviction, and the lawful conduct of the demolition process.
- Declarations of risk areas and reserve building areas: The assessment of administrative acts by which a region is declared a risk area or a reserve building area, and, where necessary, recourse to the administrative judiciary against such acts.
- Grievances in transformation and litigation: The pursuit through litigation of claims for compensation, termination of the contract and other legal remedies in cases of grievance such as the contractor abandoning the work half-finished, delay, defective workmanship and the sale of excess flats.
- Legal advice and pre-contract examination: Preliminary advisory and contract-draft review services that inform owners of possible risks before any document has been signed.
In all of these types of service, an Izmir urban renewal lawyer acts both as an adviser who plans the process from the very outset and as an attorney who protects the owners' rights in the event of a dispute. As Av. Aydın, we believe that assessing the transformation process not only in its litigation dimension but also from the perspective of preventive law before the contract is the soundest approach in the interest of our clients.
The Transformation Process under Law No. 6306
The legal framework of urban renewal is determined to a large extent by the Turkish Law No. 6306 on the Transformation of Areas under Disaster Risk (Afet Riski Altındaki Alanların Dönüştürülmesi Hakkında Kanun). This law aims at the renewal, in a manner that secures life and property, of areas under disaster risk together with the risky structures outside those areas. A correct understanding of the process is of great importance in knowing which right is to be exercised at which stage.
Risky Structure Identification and Objection
The transformation process usually begins with the building being identified as a risky structure. Risky structure identification is carried out, upon the application of one of the owners or of the persons specified in the law, by institutions and organisations licensed by the Ministry. The report prepared as a result of the identification is notified to the relevant administration and a risky structure annotation is entered in the land register. The owners are granted the right to object to the identification within the period prescribed by law. The objection is examined by technical panels. For owners who consider the identification flawed or incomplete, it is of great importance not to miss this objection period; for the finalised identification forms the legal basis of all the subsequent stages. An Izmir urban renewal lawyer ensures that the report is examined from both a technical and a legal standpoint and, where necessary, that the objection is prepared with strong grounds.
Demolition and the Owners' Decision Stage
Once the risky structure identification has become final, the owners become obliged to evacuate the building and begin the demolition process. On the immovable property, which becomes land after the demolition, the owners must decide how the transformation is to be carried out. At this stage, matters such as reconstruction, agreement with a contractor and the nature of the project are determined by the decision quorum prescribed in the law. The taking of the decisions in conformity with the law, with meetings and minutes drawn up in due form, is of critical importance in preventing disputes that may arise at later stages.
The Owners' Decision-Making Process and Simple Majority
One of the most frequently discussed matters in urban renewal is the owners' decision-making process. It is often impossible for the transformation decisions to be taken by the unanimity of all the owners; for this reason, the law has made it possible for certain decisions to be taken by a qualified majority of the owners. Under Law No. 6306, decisions concerning the transformation of the risky structure may be taken by a simple majority of the owners in proportion to their shares. This majority is calculated not by the number of owners but by the land-share (interest) proportions.
The shares of owners who do not join in a decision taken by simple majority may be assessed within the procedure prescribed in the law and made the subject of a sale. For this reason, the conduct of every stage of the decision-making process in conformity with the law is of the utmost importance both for the owners who constitute the majority and for the owners who remain in the minority.
The assessment of the shares of owners who do not join in the decision, and the auction and sale processes, are subject to technical rules. Procedural errors made at this stage may lead to the invalidation of the process and to lengthy litigation. An Izmir urban renewal lawyer both ensures that the decisions of the owners constituting the majority are taken in conformity with the law and sees to the protection of the rights of the owners who remain in the minority. This balanced approach is decisive for the fair completion of the transformation.
Ownership Rights and Land Share in Urban Renewal
One of the most critical matters of the transformation process is who will be a right-holder, and in what proportion, in the new structure. Ownership rights are, as a rule, determined according to the situation of the independent units and the land share in the existing structure. However, when the number of flats, the square metres and the distribution of floors change in the new project, questions arise such as which stakeholder will take which flat and how the differences in value between them will be settled. At this point the land-share proportions play a decisive role.
The land share is a proportion that must be determined in proportion to the values of the independent units. In practice, situations are frequently encountered in which the land shares were determined erroneously from the outset or do not reflect the true value of the independent units. An erroneous land share may lead directly to injustice in the post-transformation distribution. In this case an action for the correction of the land share may come onto the agenda. Moreover, the accuracy of the valuation reports that form the basis of the distribution in the new structure must also be meticulously audited. In land-share and valuation disputes, an Izmir urban renewal lawyer both examines the technical reports and makes the necessary legal applications in order to protect the client's rights. It should not be forgotten that most of these disputes require an expert examination and that the file has a technical character.
Contractor and Land-Share-for-Construction Contracts
The area in which owners suffer the greatest harm in urban renewal is, without doubt, the land-share-for-construction (flat-for-land) contracts concluded with the contractor. In this type of contract, the owner undertakes to transfer part of the land share to the contractor; the contractor, in return, undertakes to construct the building and to deliver a determined number of independent units to the owners. A failure to draw up the contract in a balanced manner that protects the owners' rights may lead to serious grievances later in the process.
The points that require particular attention in land-share-for-construction contracts are the following:
- Delivery period and delay sanction: The date on which the building is to be delivered and the penalty-clause or compensation conditions to be applied in the event of delay must be clearly specified.
- Title transfer and security: The stage at which and the proportion in which the land share is to be transferred to the contractor is important; for the security of the owners, staged-transfer and guarantee mechanisms matter.
- Quality of workmanship and technical specification: The materials to be used, conformity to the project and the technical standards must be set out in detail in the contract.
- Penalty clause and termination conditions: The conditions for terminating the contract and compensating the losses arising, in the event that the contractor fails to fulfil its obligations, must be clear.
- Distribution of the independent units: Which flat will belong to whom, and the units to be left to the contractor, must be determined in a manner that leaves no room for doubt.
Where the contractor abandons the work half-finished, fails to deliver on the undertaken date, carries out defective (faulty) workmanship or sells more flats than fall to its own share, there are legal remedies available to the owners. Among these remedies are the provisions on warranty against defects, delay compensation, the demand for the penalty clause and, where the conditions exist, the termination of the contract. An Izmir urban renewal lawyer knows that informing the owner before signing the contract is the most effective way of preventing grievances that would arise later. A meticulous legal examination carried out before the contract is signed very often forestalls litigation that could last for years.
Rent Assistance, Eviction and Demolition Processes
One of the matters that owners and tenants most wonder about during the transformation process is how their accommodation will be provided for while the building is being renewed. Under Law No. 6306, rent assistance may be provided to the right-holders whose risky structure is demolished, on the conditions determined within the framework of the law and the relevant regulation. Rent assistance is an important form of support aimed at reducing hardship during the transformation process; however, its application conditions, duration and amount are subject to specific rules. In situations such as the assistance being cut off or not being paid at all, there are legal remedies available.
After the risky structure identification has become final, the building must be evacuated. In respect of owners or tenants who do not vacate the building despite the eviction, the administrative processes prescribed in the law are set in motion. The demolition process must likewise be conducted in conformity with the law, with the necessary permits and notifications. During the eviction and demolition stage, matters such as the rights of the tenants in particular, disputes among the stakeholders and the conduct of the process in due form frequently become the subject of dispute. An Izmir urban renewal lawyer, by seeing to the protection of the rights of both the owners and the right-holding tenants at this stage, contributes to the smooth advancement of the process.
Declaration of a Risk Area and a Reserve Building Area
Urban renewal may be carried out not only at the level of individual buildings but also on the scale of a region. Law No. 6306 makes it possible for areas that carry a risk of causing loss of life and property, on account of their ground structure or the built environment upon them, to be declared a risk area. Moreover, areas designated for use as a new settlement site during the transformation process are termed a reserve building area. Because these declarations are in the nature of administrative acts, they may directly affect the right-holders.
The declaration of a region as a risk area significantly affects the rights of the immovable-property owners in that region and the legal status of their property. It is possible to have recourse to the administrative judiciary against such administrative acts on grounds of unlawfulness. However, the periods in administrative cases are strict and the procedural rules require care. For this reason, it is prudent for owners affected by the declaration of a risk area or a reserve building area to have the process assessed with an Izmir urban renewal lawyer without loss of time in order to protect their rights. The basis of the declaration, its scope and the safeguards provided to the right-holders are matters that must be examined in detail in every file.
Izmir Urban Renewal Lawyer Fees
The urban renewal lawyer's fee is one of the matters that clients most frequently wonder about at the beginning of the process. The most important factor determining the fee is the type and scope of the service requested. There is a significant difference, in terms of the labour and expertise required, between a piece of pre-contract advice and contract review and a land-share correction or a compensation action against the contractor that could last for years. The table below has been prepared in order to offer a general framework regarding pricing; it is intended to show the elements that affect the fee, not to give a definite figure.
| Transaction / Type of Case |
Principal Elements Affecting the Fee |
| Pre-contract advice and contract review |
The scope of the contract, the number of owners and the level of detail of the review |
| Objection to risky structure identification |
The urgency of the matter, the examination of the technical report and the volume of the file |
| Drafting / negotiating a land-share-for-construction contract |
The complexity of the contract provisions, the number of parties and the negotiation process |
| Land-share correction case |
The number of independent units, the scope of the expert examination and the duration of the proceedings |
| Compensation / termination case against the contractor |
The nature of the claim, the complexity of the file and the expected workload |
| Case against an administrative act (declaration of a risk area, etc.) |
The nature of the administrative process and the scope of preparing the legal pleading |
Attorney's fees may under no circumstances be set below the Minimum Attorney's Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations (Türkiye Barolar Birliği). This tariff secures the minimum value of the legal service and forms the lower limit of pricing. A fee to be set above the tariff is freely agreed according to the particulars of the file, the labour to be expended and the requirement of expertise. As Av. Aydın, once we have assessed your file at the preliminary consultation and clarified its scope, we provide transparent fee information; committing to a definite figure without examining the concrete file would not be the right approach.
It is also necessary to draw attention here to a distinction that is frequently confused. The attorney's fee paid to the lawyer is the consideration for the legal service and rests on the contract between the client and the lawyer. By contrast, litigation costs are the items paid to the State or to third parties during the case, such as court fees, expert fees, and site-inspection and service expenses. These two items are independent of each other. Moreover, depending on the outcome of the case, the counterparty attorney's fee that the court may charge to the losing party may also arise; this fee is a concept distinct from the fee agreed with the lawyer. When working with an Izmir urban renewal lawyer, discussing these items openly from the start forestalls surprise costs and makes the process predictable.
Who Is the Best Urban Renewal Lawyer in Izmir?
One of the questions most searched for online is "who is the best urban renewal lawyer in Izmir". It must be stated honestly that there is no single "best" lawyer valid for every file. The correct expression is not the "best" lawyer but the lawyer most suited to the file. For every urban renewal file has circumstances of its own: the transformation of a single-owner building and that of an apartment block with dozens of stakeholders, or a file still at the contract stage with the contractor and a dispute that has reached the litigation stage, call for very different approaches. For this reason, focusing on finding the lawyer suited to the requirements of your file, rather than searching for the "best", is far healthier.
Some criteria that can be considered when choosing a good urban renewal lawyer are the following:
- Experience in the field: The lawyer's accumulated experience in land-share-for-construction contracts, land-share disputes and the application of Law No. 6306 is important.
- Command of the contract: A good lawyer can structure the clauses of the contract in the owners' favour and foresee the possible points of risk in advance.
- Communication and transparency: Working with a lawyer who explains the process in an understandable way, presents a realistic picture and makes no inflated promises inspires confidence.
- Familiarity with technical matters: An aptitude for technical matters such as valuation, the calculation of land shares and expert reports provides a marked advantage in transformation files.
- Commitment to professional ethics: A lawyer who makes an honest and realistic assessment, rather than one who gives guarantees such as "we will definitely win this case", should be preferred.
It should be understood that no lawyer can guarantee the outcome in advance in urban renewal disputes; for the outcome depends on the circumstances of the concrete case, the evidence and the court's discretion. When choosing an Izmir urban renewal lawyer, preferring a lawyer who assesses your file honestly and clearly explains the possible scenarios, rather than one who promises a certain result, will be in your interest over the long term.
Common Mistakes in Urban Renewal
During the transformation process, owners, very often in good faith but without sufficient knowledge, may suffer losses of rights on account of the steps they take. One of the most frequently encountered mistakes is signing the contract concluded with the contractor without obtaining legal support, relying on verbal promises. A failure to regulate clearly in the contract matters such as the delivery period, the delay sanction, security and the quality of workmanship leads to serious grievances at later stages.
Another frequent mistake is missing the period for objecting to the risky structure identification or the periods for filing suit against administrative acts. Because these periods are strict, missing them gives rise to consequences that are difficult to repair. Moreover, a failure to notice that the land share has been determined erroneously may cause lasting injustice in the post-transformation distribution. A failure by the owners to document their decisions among themselves with minutes drawn up in due form also leads to problems of proof when a dispute later arises. The most effective way of avoiding all these mistakes is to conduct the process from the very first step in the company of an Izmir urban renewal lawyer and to obtain a legal opinion before important decisions.
Our Approach as Av. Aydın
Urban renewal is a technical and multi-dimensional field in which the rules of administrative law, condominium law and the law of obligations concerning construction contracts intertwine. The particular circumstances of each file — the condition of the building, the number of owners, the relationship among the stakeholders and the nature of the agreement concluded with the contractor — call for a different legal strategy. As Av. Aydın, we first assess the file as a whole, examine in detail the elements for and against the owners, and work from the very start of the process to forestall potential losses of rights.
We support our clients in Izmir and the surrounding region at every stage of the transformation process, from the objection to the risky structure identification to the preparation of the land-share-for-construction contract, and from land-share disputes to cases to be brought against the contractor. Our aim is not merely to file suit when a dispute arises; it is to prevent the grievance from occurring in the first place, by informing the owner through a preventive-law approach before the contract. The losses of rights most frequently encountered in transformation files stem from contracts signed without obtaining legal support, objections not made in time, the failure to notice an erroneous land share, and the owners' decisions not documented in due form.
The transformation of a building is, for most people, a process they will experience once in their lifetime and one that concerns their most valuable asset. Having a legal adviser experienced in the field at your side in this process both protects your rights and ensures that the process advances more predictably and with less strain. For any question concerning urban renewal, whether for pre-contract advice or the resolution of an existing dispute, you are welcome to contact our office.
