Earthquake risk has turned urban transformation from a zoning matter into a field of law that directly concerns the right of ownership. Law No. 6306 on the Transformation of Areas under Disaster Risk sets out the basic framework for transformation processes ranging from a single building to large areas. This article addresses the stages most frequently encountered in transformation at the scale of a single building.

Determination of a risky building

The process begins with the determination that the building is a risky building. The determination is made by institutions and organisations licensed by the Ministry of Environment, Urbanisation and Climate Change, and an application by any one of the owners is sufficient. The result of the determination is entered in the title deed register as a risky building annotation and served on the owners.

Objection to the determination

Owners may object to the risky building determination within fifteen days of service. Objections are examined by technical committees that include representatives of universities and professional chambers. Since missing the objection period causes the determination to become final, keeping track of the time limit is of vital importance.

Decision by a two-thirds majority

Decisions on the project to be implemented after the demolition of the risky building, on how the new building will be allocated and on the other terms of the agreement are taken by a majority of at least two thirds of the co-owners, calculated in proportion to their shares. This rule was introduced to prevent the transformation from being blocked entirely by the objection of a single owner. However, the decision does not mean that the will of the majority alone is unlimited; the decision must comply with the principle of equality and must not disproportionately weaken the rights of the owners in the minority.

Co-owners who do not join the decision

The decision taken by a two-thirds majority is served on the co-owners who did not join it. The land shares of the co-owners who do not join may be sold, primarily to the other co-owners, by public auction at not less than market value, in accordance with the procedure laid down in the Law. If no sale takes place, they may also be transferred to the administration. The consequences of choosing not to join the decision should therefore be carefully assessed at the decision stage.

Eviction, rent assistance and incentives

Owners are given a period within which to have risky buildings demolished; buildings not demolished within that period may be demolished by the administration. Various fee and tax exemptions apply to transactions within the scope of the Law. Those living in the building as owners or tenants may, if they meet the conditions, benefit from temporary housing or rent assistance.

Assessment

Urban transformation is one of the areas in which the right of ownership most frequently comes face to face with the public interest. For owners, the most critical moments are the period for objecting to the determination and the meeting at which the decision is taken by a two-thirds majority. The flat-for-land agreement to be concluded with the contractor must also contain clear and verifiable provisions consistent with these decisions.