Amendment To The Regulation On The Implementation Of Law No. 6306: New Rules In Decision - Making Processes

1. Introduction

The regulation1 published in the Official Gazette dated February 4, 2026, amending the Regulation on the Implementation of Law No. 6306 ("Regulation"), sets out important provisions regarding the procedures and principles for decision-making among co-owners, particularly in urban transformation applications concerning parcels containing risky areas and risky buildings. With the amendment to the Regulation, the provisions regarding the call to meeting, ser-vice of notice, determination of the majority, and the procedures to be followed with respect to owners who do not participate in or dissent from majority decisions have been reconsidered.

2. Abandonment of the Risky Building Annotation Following Demolition and Regulations Concerning Land Registration

Prior to the amendment to the Regulation, the "risky building" annotation recorded in the land registration with respect to a risky building that had, following its demolition, de facto reverted to the nature of land was abandoned. However, since there was no explicit indication in the land registration after the abandonment that the immovable property fell within the scope of Law No. 6306("Law"), this could give rise to uncertainty in practice as to which legal regime would govern the transactions to be carried out on the parcel.

With the Regulation amendment dated 4 February 2026, it has been stipulated that, following the demolition of the risky building and the abandonment of the risky building annotation, an additional indication stating that the immovable property falls within the scope of Law No. 6306 shall be recorded in the declarations section of the land registration.

With this regulation, it has become clearly ascertainable from the land registration whether the immovable property remains subject to the transformation process following the removal of the risky building annotation. Accordingly, through the declaration to be recorded in the land registration, clarity based on the land registry has been ensured for administrations, owners, and third parties as to the legal framework governing the practices to be carried out on the parcel.

3. Decision-Making Procedure Regarding Parcels Containing Risky Areas and Risky Buildings

Pursuant to Article 6 of the Law, with respect to risky buildings, decisions may be taken by a simple majority of the shares held by the co-owners on matters such as the amalgamation of parcels, implementation of zoning practices, construction of new buildings, sale of shares, and evaluation through flat-for-land or revenue-sharing methods, without requiring the demolition condition. In this regard, the Regulation sets out the meeting procedure for such decisions to be taken in risky areas and on parcels on which risky buildings are located. The procedures governing the notice, meeting, decision, and documentation stages are regulated in detail under Article 15/2 of the Regulation. Specifically:

• It has been stipulated that the meeting to adopt a decision regarding new implementations to be carried out on parcels on which risky buildings are located may be initiatedupon the request of one of the owners, and that the place and time of the meeting shall be notified to the owners in accordance with certain procedures. Within this scope, it is envisaged that the place and time of the meeting shall be announced at the neighbourhood headman's office, and, in cases where the risky buildings have not yet been demolished, announced on the building entrance door or the notice board for a period of fifteen days, or notified through a notary public. It is further stated that notifications shall be made via electronic service to owners who have notified an electronic service address to the land registry. In notifications made by way of announcement, it has been stipulated that service shall be deemed to have been made to all co-owners as of the last day of the announcement.

• It has also been stipulated that the decisions adopted as a result of the meeting shall likewise be accepted by a simple majority in proportion to the shares and recorded in minutes by being signed by the parties. It is stated that the offer containing the adopted decisions and the terms of agreement shall be notified to the owners who did not participate in the decision, and that such notifications shall be made in accordance with the procedures set forth in the Regulation.

Within this framework, the meeting procedure to be applied with respect to risky areas and parcels on which risky buildings are located has been regulated in detail.

4. Owners Who Do Not Participate in the Majority Decision and Application for a Building Permit

Although a simple majority decision serves as the basis for the new implementation to be carried out on the parcel on which the risky building is located, the land shares of the owners who did not participate in the majority decision must be sold prior to the application for a building permit. The Regulation has introduced certain conditions for the sale of the land shares belonging to the owners who did not participate in the decision. In addition, the notifications to be made to such owners prior to the application for a building permit have been addressed in parallel with the post-meeting procedure set forth under Article 15/2 of the Regulation.

• Accordingly, prior to the application for a building permit, the offer containing the adopted decision and the terms of agreement, or the place where such offer may be reviewed, must have been duly served on the owners who did not participate in the decision , in accordance with the procedure set forth under Article 15/2 of the Regulation.
• In addition, for the sale of shares belonging to owners who did not participate in the decision, it is mandatory to apply to the Urban Transformation Directorate in the province where the immovable property is located or, if authority has been delegated, to the relevant Administration, in accordance with Article 15/A of Regulation. Making this application is considered one of the prerequisites for proceeding with the building permit application.
• Within this scope, a preliminary examination shall be conducted on the sale file by the Urban Transformation Directorate or, where a delegation of authority has been made, by the relevant Administration. As a result of this examination, a written document shall be prepared indicating whether the simple majority has been achieved and whether the service of notices has been completed. It has been stipulated that such document shall be sent to the administration authorized to issue the building permit, if so requested.

5. Sale of the Shares of Owners Who Did Not Participate in the Decision

With the amendment to the Regulation, additional documents have been introduced to the list of documents required to be submitted in applications to be made during the process of selling co-owners' shares. Accordingly, in order for the sale transactions to be initiated, it has been made mandatory to include in the application file the documents evidencing that the owners were invited to the meeting, as well as the minutes evidencing that the meeting was held, thereby adopting the principle that, in applications relating to the sale of co-owners' shares, the proper conduct of the meeting and decision-making process in accordance with the prescribed procedures shall be demonstrated through documentation.

In the event that the share is not purchased by the co-owners who have reached an agreement, subsequent sale transactions shall again be carried out upon the request of the simple majority.

The procedure regarding the notification process to be followed where co-owners' shares are not purchased in the initial sale has also been regulated separately. Accordingly, in subsequent sales, following the determination of the place, date, and time of the sale, it is envisaged that the sale announcement shall be published for a period of fifteen days and that owners shall also be notified via the e-Government portal.

6. Transfer of Development Rights to Another Parcel

The procedure to be followed in cases where it is not possible to construct a new building on the parcel where the risky building is located due to reasons originating from the ground, due to any disaster risk, or due to the absence of building rights in accordance with the legislation, has been clearly regulated by the amendment made. In such cases, it has been made possible for the existing development rights on the parcel on which the risky building is located to be transferred to another parcel outside the implementation area.

In the event that development rights are transferred to another parcel, it has been stipulated as a condition that all owners be included in the co-ownership of the new parcel and that the consent of the other owners of that parcel be obtained.

In addition, it has been stipulated that the fee and charge exemption shall be benefited from in proportion to the ratio of the area of the parcel on which the risky building is located to the area of the new parcel formed as a result of the amalgamation of land or to which the development rights are transferred.

In this manner, the scope of the exemption has been tied to a concrete criterion by taking into account the difference in area between the immovable property within the scope of transformation and the parcel on which the implementation is carried out.

7. Updating Guarantees Related to Building Permits

With the temporary provision added to the Regulation, a specific adjustment mechanism has been introduced with respect to guarantees provided under building permits issued previously. Accordingly, guarantees furnished for building permits issued as of 1 January 2024 may, upon the request of the building contractor, be restructured on the basis of the 6% guarantee rate stipulated in the Regulation.

This arrangement enables the adjustment of guarantee rates to the new system with respect to permits issued prior to the effective date.

8. Change in the Competent Authority for the Implementation of the Regulation

With the amendment made to the Regulation, the competent authority responsible for its implementation has been redefined. Within this scope, the expression "the Minister of Environment, Urbanization and Climate Change," which denotes the authority responsible for the implementation of the provisions of the Regulation, has been replaced with "the President of Urban Transformation".

With this amendment, the Regulation on the Implementation of Law No. 6306 clearly indicates which authority shall exercise the final administrative power in the procedures and transactions to be carried out thereunder.

9. Conclusion

With the amendment to the Regulation published in the Official Gazette dated 4 February 2026, various arrangements have been introduced in the Regulation on the Implementation of Law No. 6306, ranging from decision-making procedures to sale and documentation processes, and from parcel-based implementations to matters concerning fees, guarantees, and the competent authority. With these amendments, the administrative and legal processes to be followed in urban transformation practices, as well as the framework regarding the distribution of authority, have been clarified at the regulatory level.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.