Urban Transformation Attorney Istanbul
AREL LAW FIRM, with its team specialized in Urban Transformation Law, provides all kinds of consultancy services—particularly as an urban transformation attorney in Ataşehir and Kadıköy. The concept of urban transformation in Turkey and Turkish law began to be used with Law No. 6306 on the Transformation of Areas Under Disaster Risk, dated 16/5/2012.
Urban transformation, which encompasses the resolution of many issues arising from urbanization and the growth of cities, has increasingly become a concept that must be addressed from a legal perspective—particularly due to the rise in urban transformation problems and related legal disputes in recent years.
Urban transformation refers to the improvement, clearance, and renewal of plots and lands located in areas under disaster risk, as well as risky buildings outside these areas, in order to create healthy and safe living environments in accordance with scientific and technical standards.
This definition is regarded as the purpose within urban transformation legislation. This purpose constitutes the very reason for the existence of urban transformation and serves as the first barrier against unlawful practices.
Urban transformation processes in Istanbul are frequently brought to the agenda due to rapidly increasing construction and the need to renew the aging building stock. However, during these processes, issues such as loss of rights, actions taken without the consent of property owners, or unfair terms included in contracts with contractors are commonly encountered. For this reason, obtaining legal support in urban transformation projects has become essential, and the assistance of a specialized Urban Transformation Attorney has become a widely preferred service throughout Istanbul.
From the beginning to the end of the process, professional legal support is provided to protect the rights of property owners, prepare necessary contracts, submit official applications, and prevent potential disputes. Urban transformation attorneys operating in Istanbul meticulously manage procedures before land registry offices and relevant municipalities, offering comprehensive consultancy services to ensure that clients do not experience any legal grievances. In this way, urban transformation projects in Istanbul can progress on a more secure and transparent foundation.
Concepts of Risky Area and Risky Structure:
A risky area refers to zones that pose a threat to life and property due to ground conditions or the nature of the existing construction. A risky structure, on the other hand, is a building—whether inside or outside a risky area—that has reached the end of its economic lifespan or is scientifically and technically determined to be at risk of collapse or severe damage.
These two concepts form the starting point of all urban transformation practices. The urban transformation process begins with the identification of a risky area and/or a risky structure.
Areas Subject to Risky Building Assessment:
For a risky building assessment to be conducted, there must first be a structure eligible for such assessment. Buildings that can be evaluated as risky are those that:
Enclose people, animals, or goods in terms of volume,
Separate them from outdoor environments,
Have a covered top,
Are permanently connected to the land, and
Are not in the state of ongoing construction.
Only structures meeting these criteria may be subjected to a risky building assessment.
Urban transformation is particularly important in apartment buildings, residential complexes, and risky areas. Our law firm aims to provide both legally and academically accurate information to anyone seeking guidance in the field of Urban Transformation. In recent years, with the increasing impact of earthquake risk across our country, transformation and renewal projects have gained significant momentum, aiming to rehabilitate and reintegrate deteriorated, abandoned, or worn-out urban areas into the city fabric.
Through these efforts, urban development—especially in major cities—can be restructured socially, economically, and spatially, making problematic urban areas healthier and more livable. Within the scope of these projects and implementations, demolition, reconstruction, revitalization, rehabilitation, and restructuring of buildings are carried out.
During this process, disagreements, rights violations, and grievances arising from errors in laws and regulations may inevitably occur—both among property owners themselves and between property owners and the institutions or organizations responsible for carrying out the renewal projects.
Arel Law Firm believes that urban transformation should be implemented under all circumstances and trusts that errors in the enacted laws and regulations can be easily corrected during the application process, thereby minimizing grievances. In this regard, it is ready to share its knowledge and experience with all concerned parties.
In 2012, with the enactment of the “Law on the Transformation of Areas Under Disaster Risk,” a comprehensive framework was established to prepare Istanbul and Türkiye’s risky regions and buildings for earthquakes and other disasters. Thanks to this law, potential loss of life and property—especially from earthquakes—can be prevented, and fundamental principles such as respect for property rights, healthy and orderly settlement, achieving maximum social benefit at minimum cost, and the planned, efficient, and sustainable use of resources can be realized.
The law is based on the principle of “preventing damage” rather than “repairing damage after a disaster,” thereby ensuring a significant and effective step toward implementing the constitutional principle of a “social state governed by the rule of law.”
The previously mentioned Law No. 6306 on the Transformation of Areas Under Disaster Risk aims to renew and improve buildings and areas that have become outdated or unsafe for habitation. In this context, the regulation issued under this law is based on the implementation principles of Law No. 6306. In other words, the legislation provides a framework for determining risky areas and risky structures. Property owners or their legal representatives have the right to object to these determinations.
The most important point to emphasize here is that apartment owners and property holders have the right to challenge the risk determination resulting from the urban transformation assessment report. It should also be noted that tenants, pledge holders, or mortgage holders do not have the right to object to the risky building determination. Another essential point is that the objection can only be made against the existence of the risk determination itself, not the content of the risk assessment report—because property holders do not have access to the detailed content of the report.
Under the current urban transformation legislation, related parties have the right to file an objection and initiate an urban transformation lawsuit with a petition submitted to the Provincial Directorate within 15 days from the date of notification. Filing an annulment lawsuit against the risk assessment report is another matter that must be considered. It is important to note that Law No. 6306 departs from the general litigation time limits and specifically establishes a 30-day period for filing lawsuits related to disaster-risk–based urban transformation cases, as stated in Article 6, paragraph 9.
After an urban transformation lawsuit is filed for annulment, examined, and concluded, certain legal outcomes naturally arise. Under the urban transformation legislation, the determination of buildings to be demolished is not made solely by the state. This decision primarily belongs to property owners and institutions licensed by the Ministry of Environment and Urbanization.
Since annulment actions can also be filed against risky area decisions, such cases are included among lawsuits initiated against urban transformation processes.
Within this scope, Arel Law Firm:
1- Carrying out the necessary legal work regarding the legal framework of building renovation activities conducted under the Urban Transformation Law and its Implementing Regulations.
2- Preparing Construction Contracts in Return for Flat Ownership between Site Management and Contractors, and between Property Owners and Contractors, in a manner that ensures no rights violations or grievances for the property owners.
3- Effective execution of the administrative objection procedures regarding reports issued within the scope of urban transformation legislation.
4- Protecting the rights of property owners under Law No. 6306 and related regulations, and carrying out the necessary legal work to prevent grievances arising from gaps in the legislation.
5- Preparing the necessary legal framework for the decision-making procedures of property owners and the establishment of the Representatives’ Committee during the renovation process of buildings or residential complexes subject to urban transformation.
6- Establishing the decision-making mechanism of property owners regarding Building Reinforcement, which is accepted as an alternative to demolition in urban transformation processes.
7- Monitoring and concluding Land Share Adjustment Lawsuits during the urban transformation process
8- Carrying out the necessary procedures for issuing the Building Registration Certificate under the new Zoning Amnesty (Imar Affı) regulation.
Please contact us for information regarding urban transformation attorney fees.