Amendment To The Implementation Regulation Of Law No. 6306 Has Been Published

The Regulation on the Amendment of the Implementation Regulation ("Amending Regulation") of Law No. 6306 on the Transformation of Areas Under Disaster Risk ("Law") was published in the Official Gazette dated 4 February 2026 and numbered 33158, and has entered into force.

With the Amending Regulation, amendments have been made to the following provisions of the Implementation Regulation ("Regulation"):

• Article 8 titled Demolition of Risky Buildings,
• Article 15 titled Practices to be Carried Out on Parcels Containing Risky Buildings, in Risky Areas and Reserve Building Areas,
• Article 15/A titled Sale by Auction,
• Article 16 titled Rental Assistance and Other Supports, and
• Article 22 titled Enforcement.

In addition, Provisional Article 5, titled Provisional Practice Regarding Collateral, has been added to the Regulation.

1. Amending Regulation – Article 1

Pursuant to the amendment introduced by Article 1 of the Amending Regulation to the ninth paragraph of Article 8 of the Regulation, it is stipulated that, following the cancellation of the risky building annotation, a corresponding remark indicating that the relevant immovable property falls within the scope of the Law shall be recorded in the annotations section of the land registry.

2. Amending Regulation – Article 2

2.1 Decision-Making by Absolute Majority and Notification Procedures

Under the amendment introduced to the second paragraph of Article 15 of the Regulation:

• Decisions regarding new implementations on parcels containing risky buildings shall be taken following the convening of all owners upon the request of any one of them;
• The place and time of the meeting shall be announced for fifteen days by completing Annex-12, either at the relevant local administrative authority office or, where the risky building has not yet been demolished, on the building entrance or notice board, or shall be notified to the owners via a notary public;
• In cases of notification by announcement, the meeting place and time shall be deemed to have been duly notified to all co-owners as of the last day of the announcement period; and
• The meeting shall be held with the participation of at least an absolute majority of the co-owners based on their share ratios, and decisions shall likewise be taken by absolute majority and recorded in a signed resolution report.

2.2 Notification and Sale Application Requirements Prior to License Applications

Pursuant to the amendment made to the fourth paragraph of Article 15 of the Regulation:

• A building license application may be submitted based on a decision taken by the absolute majority of the co-owners according to their shares; however, certain procedural requirements must be fulfilled prior to such application;
• The decision and the offer containing the terms of agreement, or the location where such offer may be reviewed, must be duly notified to dissenting owners in accordance with the procedures set out in the second paragraph of Article 15;
• An application must have been filed with the Directorate, or with the Administration if authority has been delegated, for the sale of the shares of dissenting owners pursuant to Article 15/A;
• The Directorate or the authorized Administration shall conduct a preliminary review of the sale file to verify (i) whether the absolute majority requirement has been satisfied and (ii) whether notification procedures have been duly completed; and
• Upon request, the written opinion issued following such preliminary review shall be forwarded to the authority or unit responsible for issuing the building license.

2.3 Priority Order in the Sale of Land

Under the amendment to the fourth paragraph of Article 15 of the Regulation:

• Where a decision is taken to sell an immovable property that has become land following the demolition of a risky building, such sale must first be offered to the Presidency, the affiliated or related institutions of the Ministry, or alternatively to the Administration or TOKİ, pursuant to Article 6/1 of the Law.

2.4 Subdivision of Parcels

Pursuant to the amendment to the eighth paragraph of Article 15 of the Regulation:

• In cases where a parcel containing a risky building is subdivided, only the parcel or parcels corresponding to the risky building shall be evaluated within the scope of the Law, and the risky building annotation shall be removed from the remaining parcels.

2.5 Transfer of Development Rights and Construction on Another Parcel

Under the amendment to the tenth paragraph of Article 15 of the Regulation:

• Where the development right of the parcel containing the risky building is transferred to another parcel through a transfer of development rights mechanism, applications on the new parcel shall be carried out within the scope of the Law, provided that all owners are jointly registered on the same parcel and the consent of the other owners of that parcel is obtained.

3. Amending Regulation – Article 3

Pursuant to the wording added to subparagraph (a) of the first paragraph of Article 15/A of the Regulation:

• A new requirement has been introduced mandating that owners be invited to a meeting and that the meeting be actually held and documented prior to initiating the land share sale process. Accordingly, applications for sale must now include documents evidencing the invitation to the meeting and the minutes of the meeting.

Furthermore, pursuant to the amendment made to the twelfth paragraph of Article 15/A:

• In the event that no purchase is made in the initial sale, subsequent sales shall be initiated upon the request of the absolute majority, and the place, date, and time of the sale shall be determined directly by the Directorate rather than by minutes prepared with the participation of the owners.
• The use of Annex-13 has been made mandatory, the announcement procedure has been standardized to require publication via the Directorate's/Administration's communication channels and notice boards for fifteen days, and notification to all owners through the e-Devlet portal has been introduced.

4. Amending Regulation – Article 4

Pursuant to the amendment made to the eleventh paragraph of Article 16 of the Regulation:

• The exemption from land registry fees and charges, previously applicable only in cases where the parcel containing the risky building is consolidated with vacant parcels, has been expanded to also cover cases where the development right of the risky parcel is transferred to another parcel through a transfer of development rights mechanism.
• In such cases, the exemption shall be applied proportionally, based on the ratio of the area of the risky parcel to the area of the newly formed parcel or the parcel to which the development right has been transferred.

Finally, pursuant to Article 7 of the Amending Regulation, Annex-12 and Annex-13 have been added to the Regulation.

Entry into Force

The Amending Regulation entered into force as of its publication date, 4 February 2025, and the provisions of both the Regulation and the Amending Regulation shall be implemented by the President of Urban Transformation.

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.