Turkey passes law enabling government to designate any property ‘reserve building zone’

The proposal for the Law Amending the Law on the Transformation of Disaster-Prone Areas and Some Laws, including Decree Law No. 375, was passed in the parliament yesterday.

The amendment brings a change to the definition of a "reserve building area." The phrase "as a new settlement area" in the definition of a reserve building area was removed. In the rationale for this change, it was stated that in practical terms, judgments have been made that for any property to be designated as a reserve building area, it should be located outside of residential areas. The aim is also to allow parcels in residential areas to be designated as reserve building areas

Identification of risky buildings

With this law, changes have been made to ensure that the duties, rights, and powers related to the identification of at-risk buildings and the allocation of Treasury properties for evaluation are now to be carried out by the Urban Transformation Directorate.

According to the changes, the identification of at-risk buildings can be carried out either by the Urban Transformation Directorate or the administration. It has been observed in practice that some property owners or tenants prevent the identification of at-risk buildings and do not allow samples to be taken from their independent units for assessment. Therefore, the law provides the possibility for at-risk building identification to be carried out, if necessary, with the written permission of the provincial administrative authority using adequate law enforcement officers to open closed doors or areas.

A record containing information related to the identification of at-risk buildings will be posted on the at-risk building, and notifications will be made to the owners through the e-Government Gateway, with a notice posted at the relevant local neighborhood office for 15 days. The record's information regarding the at-risk building will be considered as having been served to the rightful owners on the last day of the notice period at the local neighborhood office.

For private or legal entities to apply for their properties to be designated as reserve building areas, it will be necessary to consent to the transfer of ownership of 30% of the base land area of the properties to be transferred or to submit the same amount as income to the Urban Transformation Directorate's special account for transformation projects.

Transformation in İstanbul

During the application in these areas, the duties and powers given to the Ministry to restrict zoning and building rights and to stop services such as electricity, water, and natural gas provided to buildings in the area will now be carried out by the Urban Transformation Directorate.

A regulation was also made in the law to enable financial assistance to be provided to property owners to implement the "Half of It Is Ours" campaign launched to accelerate transformation in Istanbul.

Evacuation with police assistance

The duties and powers given to the Ministry for the demolition of at-risk buildings will now be carried out by the Urban Transformation Directorate. Property owners will be given a period of fewer than 90 days to evacuate the at-risk buildings.

If the evacuation of the buildings within the scope of the law is prevented, evacuation will be carried out with the written permission of the provincial administrative authority using adequate law enforcement officers.

The costs related to the identification, evacuation, and demolition of at-risk buildings carried out by the Directorate or the administration will be collected from the property owners in proportion to their shares.

Notifications to real or legal rights holders regarding evacuation and demolition will be made by posting the report on the evacuation and demolition to the building, notifying the owners through the e-Government Gateway, and posting a notice at the relevant local neighborhood office for 15 days. The procedures related to evacuation and demolition will be considered as having been served to the real and legal rights holders on the last day of the notice period at the local neighborhood office.

Expert Witness Law

The Law on Expert Witnesses has been regulated by the law. Accordingly, in areas recognized as an effective disaster zone due to the earthquakes in Maraş on February 6, expert witness assignments may be made for cases, lawsuits, investigations, and prosecutions related to earthquakes until January 1, 2028, without being subject to the procedures in the relevant laws.

Expert witnesses who meet the minimum requirements but are not listed in the relevant expert witness regional list or lists may be assigned without being subject to the procedures in the relevant laws. (AS/VK)