Urban transformation in Turkey: the legal steps from risky-building report to new title deed

The short answer

• Process: risky-building assessment → registration on the title and notification → 15-day objection period → owners' decision → evacuation and demolition → new project, permits, construction → condominium easement, occupancy permit and condominium title.
• Majority: since 9 November 2023 a simple majority by land share is enough, not two-thirds.
• Owners who do not agree: their share can be sold at auction to the agreeing owners, at no less than market value.
• Tenants: must vacate; may receive one-off rent assistance if they qualify.
• Contractor: the flat-for-land construction contract should be executed before a notary, with detailed terms on guarantees, deadlines and share transfers.

What Law No. 6306 covers

Law No. 6306 on the Transformation of Areas under Disaster Risk, commonly called the “urban transformation law” (kentsel dönüşüm), governs the renewal of buildings that could cause loss of life in an earthquake or other disaster. It works with three concepts: a risky building (riskli yapı), a risky area and a reserve building area. Most transformations in Istanbul are single-building projects. Since the late-2023 amendments (Law No. 7471), the Urban Transformation Presidency (Kentsel Dönüşüm Başkanlığı) under the Ministry of Environment, Urbanisation and Climate Change is the central authority; municipalities and provincial directorates act within delegated powers.

How a building is assessed as risky

The assessment is primarily commissioned by an owner or legal representative, at the owner's cost, from an institution licensed by the Presidency. A single owner can request it without the others' consent. The authorities can also carry it out on their own initiative.

If the building is found risky, the result is sent to the land registry within ten working days and recorded on the title. Notification is not sent individually: the report is posted on the building, notified to owners through e-Devlet (the government portal) and displayed at the neighbourhood headman's office (muhtarlık) for 15 days. By law, the last day of that display counts as notification to everyone.

Because of this notification method, keep an eye on your e-Devlet notifications and the muhtarlık notice board. The objection period starts without any letter being sent to you.

Objecting to the risky-building report

An objection can be filed within 15 days. Only owners, their legal representatives or, after an owner's death, the heirs may object; tenants cannot. The objection is filed with the provincial directorate (or the municipality where powers are delegated) and examined by a seven-member technical committee of university academics and ministry or Presidency staff, which reviews the whole report and issues a final decision. That decision can be challenged in the administrative court within the 30-day period that Law 6306 sets for administrative acts under it. Supporting your objection with an independent engineering opinion, the project and permit documents and records of any past retrofitting makes it stronger.

Two-thirds or simple majority?

Law No. 7471 replaced “at least two-thirds” with “simple majority” in Article 6 of Law 6306. Since 9 November 2023, decisions to rebuild, merge parcels, sign a flat-for-land contract or sell shares are taken by a simple majority of owners according to their land shares (arsa payı), not by headcount. Permits and other administrative steps follow that decision. It is documented by a decision record signed by the agreeing owners, or copies of their powers of attorney and contracts; in practice, using a notary is preferred for evidence.

If the building has already been demolished and no majority agreement is reached within 30 days of notification, the authorities may also use urgent expropriation.

What happens to an owner who does not agree?

The majority owners notify the dissenting owners of the decision and terms through a notary or by a 15-day display at the muhtarlık, stating that if the offer is not reviewed or accepted within 15 days, the land share will be sold under the law. After that, the share is sold by auction to the agreeing owners at no less than the market value set by the Presidency; for risky buildings the auction is repeated until a sale takes place and third parties who accept the agreement may also bid. Mortgages and attachments on the share continue over the sale price.

If a court annuls the sale, the share generally returns to the former owner; if the annulment is only because the price was too low, the buyer pays the difference instead. An action to dissolve co-ownership (ortaklığın giderilmesi) can be filed after demolition, but it does not stop the majority decision or the project.

For a dissenting owner, the 15-day window after the offer is notified is decisive. If you disagree with the terms, send your counter-proposal in writing within that time and consider your legal options.

Tenants' rights in urban transformation

Once the report is final, owners are given up to 90 days to evacuate and demolish. This binds everyone in the building, including tenants. Because the property can no longer be used, the lease comes to an end in practice, and the tenant may claim back the deposit and any rent prepaid for the unused period.

Under Article 16 of the Law 6306 Implementing Regulation, tenants living in a risky building or running a business there may receive one-off rent assistance equal to twice the monthly rent-aid amount set by the Presidency. The application must be made within one year of evacuation or demolition. Owners of risky buildings outside designated areas may receive monthly rent aid for 18 months (up to 48 months in risky and reserve areas). Anyone receiving rent aid cannot also receive interest support on loans from the same fund. Amounts are updated from time to time, so check the Presidency and e-Devlet before applying. Other lease disputes (deposit, prepaid rent, moving date) are subject to mandatory mediation, explained in our rent and eviction guide.

What to check in the contractor agreement

The key document is the flat-for-land construction contract (kat karşılığı inşaat sözleşmesi) between the owners and the contractor. Because it includes an obligation to transfer land shares, the Court of Cassation requires it to be drawn up by a notary (düzenleme şeklinde); a private contract or one with only notarised signatures may be invalid as regards the share transfer. At a minimum the contract should cover:

• the sharing ratio and a list of units for each owner by floor, side, size and number, with the approved plans
• start and delivery dates and a monthly penalty or rent compensation for delays
• any rent the contractor will pay to owners during construction
• transfer of land shares to the contractor in stages, linked to construction progress
• bank guarantees and when they are released
• materials standards, building inspection and the obligation to obtain the occupancy permit (iskân)
• liability for defects, termination grounds and their consequences
• who pays taxes, fees and utility connections

Law 6306 adds safeguards: the contractor may sell its units only up to the completion rate minus ten percentage points, with the authority's permission; shares transferred to the contractor cannot be attached for the contractor's unrelated debts until the condominium easement is set up (this protection lapses if that does not happen within six months of construction starting); and if work does not start within a year or stops for at least six months, the owners can resolve by simple majority to terminate, after which the Presidency gives the contractor 30 days before the contract is deemed terminated.

Title deed steps

1. Risky-building annotation is entered on the title. It does not prevent a sale, but a buyer takes the property subject to the process.
2. After demolition, the old condominium records are cancelled and owners are registered as co-owners of the land in proportion to their shares; mortgages and annotations continue on those shares.
3. Merging and subdivision of parcels can be carried out on the basis of the majority decision.
4. Condominium easement (kat irtifakı) is established once the new project is approved; each owner receives title to their new unit, and old mortgages move only to that owner's unit.
5. Condominium ownership (kat mülkiyeti) follows the occupancy permit.

Many steps under Law 6306 are exempt from notary and land registry fees, municipal fees and stamp duty under the conditions of Article 7; confirm the scope with the land registry and municipality for your project. If an owner has died, the heirs first need a certificate of inheritance (veraset ilamı) and registration of the share; see our inheritance guide.

Where to start

The report, the objection deadline, the majority decision and the contractor contract are linked steps, each with short time limits. Reviewing your title record, the report and notification dates, the proposed sharing ratio and the guarantees before signing helps prevent later disputes. If you would like your position as an owner or tenant reviewed, see our real estate and tenancy law page or reach us through the contact page.