Following the devastating earthquakes on February 6th and given our geographic reality as an earthquake-prone country, urban regeneration has become increasingly critical in Turkey. Consequently, the legal frameworks governing this field are continually being refined and updated.
The procedures and regulations for urban regeneration are defined under Law No. 6306 on the Regeneration of Areas Under Disaster Risk. This legislation, along with its accompanying regulations, has undergone frequent amendments in recent years.
One of the most significant legislative changes concerns the majority vote required to pass resolutions regarding properties undergoing urban regeneration.
Prior to this amendment, Law No. 6306 required a minimum two-thirds ($2/3$) majority vote based on the shareholders’ property shares to determine the post-demolition proceedings of risky buildings. This $2/3$ majority did not refer to the total number of individual owners, but rather to the total proportion of shares held by the owners.
Under the newly introduced regulation, resolutions regarding the design of the replacement building, the selection of the construction contractor, or the decision to leave the property as a vacant plot post-demolition now require a $51\%$ absolute majority vote based on the owners’ or independent unit holders’ property shares.
As outlined above, the absolute majority rule applies specifically to decisions made after the demolition phase. Once a building has been officially classified as a risky structure, the property owners cannot block the demolition order, even if they reach a unanimous decision to oppose it.
