According to Law No. 6306, which entered into force on 31 May 2012; If a report is issued for an old building, which has been approved by the Ministry as “completed its economic life”; Two-thirds majority decisions are no longer made unanimously on issues such as land owners, reconstructing contractors, size of new apartments. In this way, the consent of all owners is not sought for buildings that have completed their economic life, and reconstruction cannot be prevented only by the opposition of one or two apartments or shops.
Consequently, the “unanimity” obstacle in front of the renovation of these buildings, which threaten public health and safety throughout the country and which are also resistant to earthquake, has been removed.
Why are we renovating our buildings in ISTANBUL?
Why do we demolish and renovate our buildings in Istanbul while foreign countries look at their buildings from the past century that are used as residences?
Due to technical developments in the sector, increased audits, higher education levels of employees, new regulations, and above all, against the new Istanbul earthquake, which occurred on August 17, 1999, after the Gölcük earthquake, where we lost 17,000 people, was more durable and longer. The construction of structures that will last a lifetime is vital for us. The way to minimize loss of life and property in a possible earthquake is through this new transformation.
Most of the buildings that we live in our country, especially in Istanbul, are buildings built between 1950 and 2000. The vast majority of these structures are structures built after 1975 and again in 1975 according to the old DISASTER REGULATION and using old construction technologies, hand-mixed concrete and flat type structural steels. The number of these structures in Istanbul is estimated to be around 2 million.
It is observed that the construction steels are extremely corroded and rotten due to the fact that Istanbul is located at the seaside, the humidity level and the groundwater levels are high, the use of sea sand in the reinforced concrete of the old buildings, the foundation and the building insulation techniques are not applied. It has been determined that these rusting and decay cause cracks and spills on concrete surfaces.
In the examinations and analyzes made in the old buildings, it has been determined that the concrete samples taken are at low levels and this level is lower than the quality of concrete produced in today’s conditions. The type of Structural Steel used in these structures is no longer used in steel reinforced concrete structures.
Various additions were made after the earthquake of 17 August 1999, which was prepared by the authorized persons towards the end of the 1990s and which was accepted in 1997-1998, after the 17 August 1999 earthquake and finally it was updated with some additions in 2010.
In addition to this, as a result of scientific studies, better quality and more durable Concrete classes and Structural Steel grades are produced, Concrete Plants, Concrete Mixers, Pumps and all kinds of construction materials and machines are being produced and these materials have been started to be used in newly constructed buildings.
Meanwhile, with the Law No. 4708 enacted in 2001, more serious studies have been initiated regarding the inspection of the buildings, besides the responsibility of the project, the Construction Supervision firms have been made responsible, the Site Supervision has been made compulsory, the quality of the Concrete and Structural Steel used for the construction of the ground surveys and the productions. It was started to be taken under control by making checks whether it is suitable for the project values.
For this reason, as ADA PROJE, we have adopted the task of building more durable, long-lasting and modern buildings in accordance with the technology of the day by demolishing unhealthy old buildings in many districts of Istanbul, especially in our region. We are demolishing buildings that have already filled their economic lives and transforming them into new living quarters that are earthquake resistant, suitable for the district’s texture and with smart building features.
A: GENERAL QUESTIONS AND ANSWERS ON THE LAW:
Question (1) – What is the urban transformation law number 6306?
Answer: It is the renewal of disaster and buildings under disaster with state support.
Question (2) – What is the risky structure?
Answer: Risky structure According to Law No. 6306, it covers the structure or structures that are inside or outside the risky area, which have completed their economic life, or have been identified based on scientific and technical data and studies that they are at risk of collapse or severe damage.
Question (3) – What is the risky area?
Answer: It covers the area that has the risk of causing loss of life and property due to the ground structure or construction on it, which is determined by the Ministry or Administration by taking the opinion of the Disaster and Emergency Management Presidency and determined by the Council of Ministers upon the proposal of the Ministry.
Question (4) – Which floor is the carrier system properties determined for the risk structure determination?
Answer: The bearing system properties of the building can only be determined by critical floor-relief.
Question (5) – What do you need to do to get a risk report on your building?
Answer: At least 1 of the building owners should apply to the offices licensed by the Ministry with a photocopy of title deed and identity.
Question (6) – What will be done in case the other owners prevent the owner who wants to make a risk assessment?
Answer: A criminal complaint will be filed with the Chief Public Prosecutor’s Office in accordance with the relevant provisions of the Turkish Penal Code regarding those who prevent the detection, evacuation and demolition of risky buildings.
Question (7) – Who approves the risk report?
Answer: As a result of the determination to be made with the samples taken from the building; If the building is found to be risky and earthquake resistant, the relevant report is submitted to the Provincial Directorate of Environment and Urbanization for approval.
Question (8) – Who pays for the risk assessment made within the scope of urban transformation?
Answer: It is made by building owners and legal representatives at their own expense.
Question (9) – Is it necessary to take core sample from each floor in reinforced concrete buildings where we want to determine risk?
Answer: Within the scope of the law numbered 6306, it is sufficient to take core from the critical floor in buildings up to eight floors. In buildings with more than eight floors, the core must be removed from each floor.
Question (10) – There are 5 blocks on the same parcel. 4 of them accept urban transformation and provide the majority. It accepts 2 owners in one block. 8 owners do not accept. Is the two-thirds majority evaluated through the block or the parcel?
Answer: If there are more than one building on a plot, these buildings are separately identified for risk. A two-thirds majority is provided for each building separately. In order for the risky structures to be evaluated together, if it is possible to disclose from the area where the structure that does not make any risk determination, it is possible, the division is made. If it is not possible to execute, application can be done while preserving the integrity of the building. The title deed log is stated to be risky only for risky structures.
Question (11) – The citizen has 1 acre of land. There is a small 2-storey office on this land. Is there a limitation of m2 in order to benefit from urban transformation, since the workplace is small and the land m2 is large within the scope of urban transformation?
Answer: There is no limitation of square meter under the Law No. 6306. As a result of the risky structure, it can benefit from the rights brought by urban transformation.
Question (12) – Where should the objection application be made if the structure rises?
Answer: After the risk report in question is approved, notifications are sent to all floor owners in the building. Against the report, flat owners have the right to file an appeal to the Provincial Directorates of Infrastructure and Urban Transformation within 15 days.
Question (13) – What happens if the objection application to the risky building is accepted within 15 days?
With the objection made, the risky structure determination report is taken by the technical committee authorized by the Ministry for the province where the building is located and the final decision is made for the building. The technical delegation is composed of four members from universities, and at least two of them are civil engineers.
Question (14) – Is it annoying to put annotation on risky structure?
Answer: With the approval of the report that the building is risky by the ministry, the comment “Risk Building” is added to the title deed records of all apartments. The annotation in question does not interfere with sales and other deed transactions. However, the existence of this annotation will decrease the sales value of the apartment and it means that the urban transformation and demolition process has started in the building.
Question (15) – What happens when the risky structure decision is finalized administratively?
Answer: The Urban Transformation Provincial Directorate sends notifications to all floor owners in the building and requests that the building be emptied within 60 days.
Question (16) – What happens if the building is emptied and not demolished within 60 days given by the Urban Transformation Provincial Directorate?
Answer: If the building is not destroyed within 60 days given by the Urban Transformation Provincial Directorate, an additional 30 day period is given. If the building is not demolished within the periods given by the administration, the water, electricity and natural gas connections of the building are cut. In other words, the use of structures that have not been demolished within their time becomes virtually impossible.
Question (17) – How is a demolition license issued?
Answer: It is regulated by the Administration without the consent of other owners, with the application of at least one of the owners, with reference to the submission of documents received from the relevant institutions and organizations indicating that the building to be demolished has been evacuated and electricity, water and natural gas services have been closed.
Question (18) – How many days will the demolition license be issued?
Answer: Demolition license is issued within 6 working days.
Question (19) – Who washes risky structures that do not perform demolition within the given time?
Answer: It is demolished or demolished by the Ministry or Provincial Directorate of Environment and Urbanization.
Question (20) – Is it possible to object to the “demolition decision” in the related risky structures?
Answer: It is possible to file a lawsuit against the demolition decision of the building and the risky structure report of the decision in question, within 60 days following the notification of the decision, for the cancellation of the demolition decision and the suspension of execution. Since the legal document that initiated the process is the core report, the case should be opened mainly based on the deficiencies in the core report.
Question (21) – We have 180 m2 of land. We have 110 m2 of masonry building in the land. If I demolish my building within the scope of urban transformation, how many m2 can I have my 110 m2 house built?
Answer: There is no requirement for 110 m2 to 110 m2 for your house to be eaten within the scope of urban transformation. You can renew your building in the rate of zoning given by the relevant municipality.
Question (22) – After the building is demolished, is it necessary to provide a two-thirds majority in order to build a new building instead?
Answer: In the context of urban transformation, in order to build a new building instead of the destroyed building, there is a condition that there should be at least a two-thirds majority provided in proportion to the shares of the building owners.
Question (23) – What is the share of floor owners who do not agree with the decision of at least two-thirds majority in proportion to their shares?
Answer: Before the sale process is completed and decided by the commission, if the owners who do not agree with the decision with a two-thirds majority accept the decision made with a two-thirds majority and sign the contract made in line with the decision made with a two-thirds majority, signing the contract within the period given by the commission and selling it to the Directorate. The operation is considered invalid.
Question (30) – Citizen made an agreement with the contractor in 2008. They will now renovate the building as part of urban transformation. Does the contract with the contractor valid in 2008? Or is it necessary to re-contract?
Answer: All transactions and contracts made without a risk assessment within the scope of Law No. 6306 to a building are evaluated within the framework of private law. If the contracts made before the risk assessment are made in the same manner after the risk assessment is made in the building, it should be stated that these transactions are made within the scope of the Law No. 6306.
Question (31) – Citizen does not want to build a new building in place of its demolished building within the scope of urban transformation. He wants to leave it in the form of a plot. Is this possible?
Answer: According to the agreement made with at least a two-thirds majority, there is no obligation to rebuild the building that was destroyed within the scope of urban transformation.
Question (32) – How much is the rent allowance (2015)?
Answer: The fee designed for 2015 as a rent allowance is 735 Turkish liras.
Question (33) – How long is the rent benefit period?
Answer: The rental assistance period is 18 months in risky buildings outside the risky area. In risky areas, the rental assistance is determined by the relevant institution on condition that it does not exceed 36 months.
Question (34) – How much assistance is provided to tenants under urban transformation?
Answer: Those who reside as tenants or operate a business are given twice as much rent assistance as the monthly rental price.
Question (35) – What are the documents required for rental assistance?
Answer: For the owners; application form, original and photocopy of the identity card, original and photocopy of the title deed, current deed record of the immovable, copy of the address-based population registration, copy of the bank card showing the number of the public bank (IBAN), one of the electricity, water and natural gas bills of the last three months. the original
For tenants; application form, original and photocopy of the identity card, the original of one of the electricity, water and natural gas invoices of the last three months indicating that it is in the risky building, photocopy of the risky structure designation letter, the bank card showing the public bank’s (IBAN) number
Question (36) – Is it possible to provide both rent aid and interest support to the same person?
Answer: Those who benefit from rent allowance cannot benefit from interest support and those who benefit from interest support cannot benefit from rent aid.
Question (37) – What conditions are required to benefit from rental assistance?
Answer: In order to benefit from the rent allowance, the right of residence is sought from the beneficiaries. This requirement is evidenced by the relevant invoices.
Question (38) – I have a flat and a workplace. Can I get rent assistance from both my flat and workplace?
Answer: Those who benefit from interest support cannot benefit from rent allowance, and those who benefit from rental aid cannot benefit from interest support. Therefore, you can get rental assistance for both the apartment and your office.
Question (39) – Which banks can I apply for in order to get credit support within the scope of urban transformation?
Answer: It should be applied to banks that have signed a protocol with the Ministry. These banks are;
Business Bank, Denizbank, Akbank, Halk Bank, Turkey Finance, VakıfBank YapıKredi, Bankasya, TEB, Garanti Şekerbank albaraka, Kuveytturk, Ziraat Bank, Finansbank, ING Bank, Bank, respectively.