Agreement between owners: how decisions are made and which deadlines apply

Why does agreement matter so much?

Law No. 6306 starts from agreement between owners and the authorities. Rent aid and construction aid, for example, may be considered for buildings evacuated by agreement. That is why it helps when everyone in the building sees the same written decision at the start.

Before a meeting, it is worth reading the assessment report, the share ratios and the notes in the title deed together. How to read the report and the order of the process are covered in other chapters of this guide.

How does the simple majority work?

Decisions on rebuilding, merging parcels, selling shares, kat karşılığı (flat-for-land exchange) or revenue sharing are taken by a simple majority of shares. The share ratios recorded in the title deed are the basis of the vote.

Before the amendment, at least two thirds was required; Law No. 7471 lowered this to a simple majority. Older articles describing the former rule may therefore be out of date.

• Rebuilding
• Merging parcels
• Selling shares
• Flat-for-land exchange or revenue sharing

What happens to an owner who does not agree?

The decision and the offer are notified to owners who did not agree, either through a notary or by a 15 day announcement at the muhtarlık (neighbourhood headman's office). If the offer is not examined or accepted within 15 days of notice, that owner's shares are sold at auction to the agreeing owners.

The sale price cannot be lower than the appraised value. If no buyer comes forward, the Başkanlık (the Ministry's Urban Transformation Directorate), the municipality or TOKİ may buy the shares in designated zones; for a riskli yapı (risky building) the sale is repeated until the shares pass to agreeing owners or to third parties who accept the agreement. Whoever buys such a share must give the land registry an electronic notification address.

An owner who receives a notice should track every date carefully. Remember too that an action can be brought in the administrative court within 30 days of an administrative act.

What changes with the 30 days after demolition?

Once the building is demolished, the owners of the empty plot are notified. If a simple majority agreement is not reached within 30 days of that notice, urgent expropriation may be used for property of natural persons and private companies.

Maturing the agreement before demolition is a much calmer route than rushing within these 30 days. For the details of urgent expropriation, ask the Başkanlık or a lawyer.

What should you check in the contractor contract?

The contract should state clearly whether it is kat karşılığı or revenue sharing. When construction starts and how long it takes depend on the contract, the permit and the contractor; the Law sets no fixed construction period.

Before the building permit, the contractor must take out a completion insurance (bina tamamlama sigortası) or provide other security set by the Başkanlık. Asking for a copy of the document is reasonable.

If, after agreement, construction has not started within one year for contractor reasons, or it has stopped and no crew or equipment has worked for at least six months, owners can decide by simple majority to end the contracts. The Başkanlık then inspects and warns the contractor for 30 days; rent aid already paid by the contractor cannot be reclaimed from the owners.

• Whether it is flat-for-land or revenue sharing
• Delivery date and what happens if it slips
• Completion insurance or other security
• Termination terms
• Type and size of the new flats

Where to ask?

This chapter is general information and not legal advice. For the decision, deadlines and contract in your own building, ask the Kentsel Dönüşüm Başkanlığı, your municipality or a lawyer.

Once an agreement is reached, the moving date becomes clearer, and that is also the moment to think about where belongings will wait. That topic has its own chapter in this guide.