Decision Majority in Urban Transformation, and Owners Who Don't Join

In a building registered as a risky building, it is the owners who decide what happens next. The original version of Law No. 6306 required two-thirds of the land-share majority for this decision; a 2023 amendment lowered this to a simple majority of co-owners weighted by their shares. This made it harder for a single owner to block the process.

How is the decision made?

1. The risky-building finding becomes final and is entered on the title deed.
2. Owners meet to discuss the plan to be carried out (demolition and rebuilding, choice of contractor, sharing); the meeting can be called through a notary or the authority.
3. The decision is made by a simple majority based on land shares and recorded in minutes.
4. The decision is notified to owners who did not attend, through a notary; the notice gives them a period to join the decision.

The share of owners who don't join the decision

If an owner still does not join the decision despite notice, the law provides that their land share is first offered for sale, by auction, to the other owners who joined the decision. The sale price cannot be lower than the market value set by a licensed valuation firm. If no buyer comes forward, the share can be bought at market value by the Ministry, TOKİ, or the authority. The proceeds are paid to the owner whose share was sold.

What owners need to know

• The majority is calculated by land share, not by number of people; an owner with a larger unit has a heavier vote.
• The decision minutes should record not just 'demolish it' but also the contractor, the sharing ratio and how units will be distributed; otherwise a second meeting is needed.
• An owner who did not join can still use the available objection routes, but the process does not stop in the meantime.
• Tenants and holders of limited rights in rem (usufruct, right of residence) do not vote in the decision process, but they do have rights regarding evacuation and rent assistance.