- within Environment topic(s)
- within Environment, Intellectual Property and Energy and Natural Resources topic(s)
The Regulation Amending the Implementing Regulation of Law No. 6306 ("Amending Regulation") was published in the Official Gazette dated 4 February 2026 and numbered 33158. The Amending Regulation introduces significant changes concerning decision-making processes in urban transformation projects, the sale of ownership shares of dissenting co-owners, land registry practices and the transfer of development rights.
One of the key amendments concerns land registry records following the demolition of a risky building. Instead of the "risky building" annotation being removed from the declarations section of the land registry without replacement, a new annotation will now be recorded indicating that the property remains within the scope of Law No. 6306. This amendment is expected to eliminate uncertainties regarding the application of tax and fee exemptions under urban transformation legislation to transactions such as sales carried out on the land following demolition.
As previously known, amendments introduced in 2023 and 2024 abolished the former two-thirds majority requirement for decisions concerning implementations on parcels containing risky buildings. Instead, condominium owners were allowed to adopt decisions by simple majority of shares, and the ownership shares of dissenting co-owners could be sold through public auction. Under the Amending Regulation, if the share offered for sale in this manner is not purchased by the consenting condominium owners in the first auction, a new sale process may only be initiated upon the request of the simple majority.
The Amending Regulation also clarifies the meeting and decision-making procedures for new implementations on parcels where risky buildings are located. Accordingly, in order to adopt a decision regarding new implementations, all co-owners must be invited to a meeting upon the request of one co-owner. The place and time of the meeting must be notified to the co-owners either through an announcement made fifteen days in advance or via notary notification. Public announcements may be made at the neighborhood's headman's office (muhtarlık) or, where the risky building has not yet been demolished, on the building's notice board.
In this context, documents such as the meeting invitation and the minutes of the meeting must now be included in the application file submitted to the relevant authority for the issuance of a building permit.
Furthermore, in the event that, following the demolition of the risky building on it, a decision is made to sell the land upon the request of the absolute majority of the shareholders, such sale must first be offered to the Urban Transformation Presidency, the affiliated or related institutions of the Ministry of Environment, Urbanization and Climate Change, the relevant administration or Turkish Housing Development Administration.
If a parcel containing a risky building is subdivided, only the parcel or parcels corresponding to the location of the risky building will remain within the scope of implementation, and the risky building annotation will be removed from the other parcels.
Additionally, in urban transformation areas where construction of a new building is not possible due to ground conditions, disaster risk or zoning restrictions, existing development rights may be transferred to another parcel through a transfer of development rights mechanism. In such case, provided that all co-owners' shares are consolidated within the same parcel and the consent of the other co-owners of the new parcel is obtained, the implementations on the parcel to which the development rights are transferred will be carried out within the scope of urban transformation legislation.
As is also known, the security amount that the contractor is required to provide to the relevant administration for implementations on parcels containing risky buildings was reduced in 2024 from 10% to 6% of the estimated construction cost. Under the Amending Regulation, securities already provided in connection with building permits issued for urban transformation projects as of 1 January 2024 may also be reduced to 6% upon the contractor's request.
Finally, the authority to implement and enforce the Regulation of Law No. 6306 has been transferred from the Minister of Environment, Urbanization and Climate Change to the President of the Urban Transformation Presidency.
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.