Urban Transformation Law No. 6306 and Building Reconstruction Lawyer in Istanbul

Urban Transformation (Kentsel Dönüşüm) under the Law on the Transformation of Areas Under Disaster Risk No. 6306 reshapes tens of thousands of residential and commercial buildings across Istanbul — particularly in earthquake-sensitive or older districts such as Kadıköy (Bağdat Caddesi, Suadiye, Bostancı, Göztepe), Bakırköy, Bahçelievler, Avcılar, Zeytinburnu, Şişli, Beşiktaş, Fatih, and Ataşehir. Following the major statutory amendments introduced by Law No. 7471, foreign and domestic apartment owners face shortened objection deadlines, a reduced 50%+1 simple majority threshold, and risk of compulsory auction of their land shares if they fail to act correctly. Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No: 6281), protects property owners, condominium boards, and investors throughout every stage of Law No. 6306 reconstruction in Istanbul.

1. The "Risky Building" (Riskli Yapı) Determination & 15-Day Objection Right (Law No. 6306 Art. 3)

Under Article 3 of Law No. 6306, any single apartment owner (even owning a 1% land share) can unilaterally commission a Ministry-licensed institution to conduct core concrete testing on the building:

• Notification via e-Devlet & Building Posting: Once the building is classified as a "Risky Structure" (Riskli Yapı) and annotated on the Title Deed (Tapu), notifications are posted physically on the building door and delivered electronically via the Land Registry / e-Devlet system.
• 15-Day Technical Objection & 30-Day Administrative Lawsuit: Co-owners who believe the seismic technical report is flawed may file a technical objection before the Istanbul Urban Transformation Directorate Technical Committee within 15 days, or file an annulment lawsuit before the Istanbul Administrative Court within 30 days under Law No. 2577 (İYUK Art. 20/A expedited procedure).
• Evacuation & Demolition Deadlines (Max 90 Days): Following finalization of the risky structure status, authorities grant a single period of up to 90 days for evacuation and utility disconnection (electricity, water, natural gas).

2. The 50%+1 Simple Majority Rule (Salt Çoğunluk — Law No. 6306 Art. 6 as Amended by Law No. 7471)

Previously, selecting a construction contractor and deciding how to rebuild a demolished building required a two-thirds (2/3) majority of land shares. Under the amended Article 6 of Law No. 6306:

• 50%+1 Land-Share Majority Suffices: Owners holding more than 50% of the undivided land shares (Arsa Payı Salt Çoğunluğu) can legally decide on the building reconstruction terms, select the developer, and sign the Construction Agreement in Return for Land Share (Arsa Payı Karşılığı İnşaat Sözleşmesi).
• Compulsory Sale of Minority Shares (Açık Artırma ile Satış): If a foreign or absentee apartment owner fails to sign the majority-approved construction contract within 15 days of receiving the official notice, the Urban Transformation Directorate puts the non-participating owner’s land share up for compulsory auction among the other co-owners (or treasury/Kentsel Dönüşüm Başkanlığı) at the valuation price!

3. Negotiating & Reviewing the Contractor Reconstruction Agreement in Istanbul

Simply signing whatever standard contract the majority or contractor presents can result in loss of square meters, inferior façade orientation, or uncompleted construction. Our attorneys review and negotiate the notarized reconstruction contract to protect your rights:

Frequently Asked Questions (FAQ)

Can my apartment in Istanbul be sold without my consent if I do not attend the Urban Transformation meetings?

Yes. Under Article 6 of Law No. 6306 (as amended by Law No. 7471), once owners holding more than 50% of the land shares sign a reconstruction agreement with a contractor, dissenting or non-responding owners have only 15 days from notification to accede to the contract. If they do not sign, the Directorate of Urban Transformation auctions their land share to the other co-owners. Appointing a lawyer in Istanbul by Power of Attorney prevents accidental loss of your property.

What if the 50%+1 majority signs a contract that gives my apartment a smaller size or lower floor than other owners?

While the 50%+1 majority can decide to rebuild, Turkish Court of Cassation and Administrative Court precedent prohibits the majority from violating the principle of equal treatment among co-owners or disproportionately reducing a minority owner’s relative floor/land-share value. We sign under legal reservation (İhtirazi Kayıt) to block compulsory sale of your share while suing for fair reallocation or compensation.

Does demolition under Law No. 6306 cancel a tenant’s lease in Istanbul?

Yes. Once a building’s Riskli Yapı status becomes final and evacuation is ordered under Law No. 6306, continuing the lease becomes legally and physically impossible, terminating the tenancy and entitling the tenant to statutory relocation assistance.

What happens if my apartment under a 3-year Turkish Citizenship annotation enters Urban Transformation?

Mandatory demolition under Law No. 6306 does not revoke Turkish citizenship, provided the owner does not sell the property to a third party and the 3-year non-sale annotation is properly carried over to the resulting land share and new independent unit at the Tapu Directorate.