Is Demolition the Only Way in Urban Transformation? The Strengthening Option and Its Legal Basis
Besides demolishing and reconstructing existing buildings, strengthening (retrofitting) is also a crucial option in urban transformation. But how is building strengthening addressed legally, and can it be a viable alternative to demolition? Below, we examine the answers to these questions in light of relevant laws and court decisions.
Strengthening Decisions Under the Condominium Law
The process of strengthening an existing building without demolition is primarily governed by the provisions of the Condominium Law No. 634. According to Article 19/2 of the Law, strengthening works that affect the building's structural system require the approval of both the unit owners and at least four-fifths (4/5) of the land share.
However, the law makes an exception for urgent situations. Article 19/2 states that if a court determines that strengthening is necessary, the 4/5 approval condition does not apply. According to the case law of the Court of Cassation, if the main structure urgently requires reinforcement, strengthening can be carried out without a decision of the board of unit owners, and the expenses can be collected from the owners. In this context, each unit owner may submit scientific evidence to prove the need for strengthening and apply to the court for permission even without the consent of the other owners. In summary, if there is a threat to life or property safety, strengthening can legally be permitted through judicial intervention.
The Condominium Law also emphasizes procedural requirements for adopting strengthening decisions. A resolution passed by a 4/5 majority of the board of unit owners is only valid if the meeting is convened and the vote is conducted in accordance with Articles 27 and subsequent provisions of the Law. For example, meeting invitations must be delivered to all owners by registered mail or with a signed receipt; informal notifications such as via WhatsApp are not valid. Decisions taken in violation of procedure are considered null and may be subject to annulment, even if a majority is achieved. Owners who do not agree with the decision have the right to file a lawsuit in the civil court of peace within one month of being notified. Consequently, adopting a strengthening decision under the Condominium Law requires both a high majority and strict procedural compliance.
Strengthening After Core Samples Are Taken – Under Law No. 6306
Law No. 6306 on the Transformation of Areas Under Disaster Risk, enacted in 2012, is commonly referred to as the Urban Transformation Law. It mainly focuses on identifying and swiftly renewing risky structures. Once a building is officially declared “risky” by licensed institutions following technical inspection, two main options emerge for property owners: demolition and reconstruction, or strengthening. While demolition is more common in practice, the law does not completely rule out the strengthening option.
Reconstruction (Demolition and Renewal):
Law No. 6306 facilitates the demolition and reconstruction of risky buildings through a quorum-based decision mechanism. Once the risky status is finalized, if at least two-thirds (2/3) of the owners agree, the building can be demolished and rebuilt. For dissenting owners, coercive measures such as land share sales may be applied. During this process, the government offers incentives such as rent assistance, project support, and tax exemptions. Thus, the law aims to replace unsafe buildings with secure new ones where sufficient consensus is achieved.
Strengthening:
Although the law does not lay out a detailed procedure, the explanatory memorandum of Law No. 6306 mentions that “buildings that are technically suitable for strengthening can be strengthened.” In practice, this process is shaped by provisions in the relevant Regulation. Article 8/5 of the Regulation on the Implementation of Law No. 6306 outlines the procedure if owners choose strengthening instead of demolition. Accordingly, within the deadline provided by the Provincial Directorate of Environment and Urbanization, the following steps must be followed:
Technical Report: First, it must be technically determined whether strengthening is feasible (a detailed performance analysis must be performed by authorized engineering offices).
Owner Decision: A 4/5 majority decision for strengthening must be obtained as per Article 19/2 of the Condominium Law (even for risky buildings, the law refers to this qualified majority).
Project and Permit: A strengthening project must be prepared and a building permit obtained from the relevant municipality. Since strengthening significantly affects the structural system, a permit is required under zoning regulations.
Implementation and Inspection: The strengthening must be completed within the time stated in the permit, and the structure must be made safe. Upon completion, the "risky building" annotation can be removed by applying to the Provincial Directorate for inspection.
If these conditions are fulfilled within the deadline, demolition can be avoided, and the risky status will be lifted. If not, the demolition process resumes. Indeed, the Regulation stipulates that risky buildings not demolished within the prescribed period will be demolished by the authorities.
Zoning Law and Other Legal Aspects
The Zoning Law No. 3194 provides the general legal framework for building safety. Article 39 of the Law mandates that buildings posing a danger must be immediately evacuated and demolished by the owners, or else by the authorities. This provision is particularly relevant for severely damaged or potentially collapsing structures. However, buildings classified as “moderately damaged” after an earthquake are granted a grace period for repair and strengthening; if this is not done in time, demolition may be necessary.
Furthermore, Article 58 of the Planned Areas Zoning Regulation explicitly defines strengthening affecting a building's structural system as a major alteration. Thus, strengthening is legally permissible if it is technically feasible and approved. From a zoning perspective, since a strengthened building retains its current form, updated requirements such as parking spaces, fire escapes, and setback distances may not be imposed, offering a legal advantage to strengthening.
Legal Basis and Rights of Property Owners in Strengthening Projects
Legal Basis:
Both the Condominium Law and Law No. 6306 include provisions enabling legal strengthening. As mentioned earlier, Article 19 of the Condominium Law outlines the decision framework, while the Regulation of Law No. 6306 details the process for risky buildings. Within this context, property owners wishing to strengthen must:
Obtain a performance analysis and strengthening project from qualified engineers,
Secure the required majority approval from the board of unit owners,
Obtain a construction permit from the municipality.
Failure to meet these requirements may render the strengthening effort legally invalid or unapproved by the municipality. Especially for risky buildings under Law No. 6306, noncompliance may lead to unavoidable demolition.
Rights and Obligations of Owners:
Once a strengthening decision is made, it is binding on all owners. Both consenting and non-consenting owners are required to participate in the implementation and share the costs. Under the Condominium Law, strengthening expenses are distributed among owners based on land share. If temporary evacuation is required during strengthening, all owners must comply; however, many projects are carried out with partial or no full evacuation.
Dissenting owners may challenge the decision in court, arguing that the building is structurally sound or the decision was procedurally flawed. The court will then assess the need for strengthening through expert evaluation. Conversely, owners favoring reconstruction but lacking sufficient support may apply to the Provincial Directorate of Environment and Urbanization for an official “risky building” assessment. If confirmed, even a minority can trigger the demolition process under Law No. 6306. Thus, parties may pursue different legal avenues depending on whether they support strengthening or rebuilding.
At this point, the legislation does not inherently favor either strengthening or demolition. What matters is that the right decision, supported by scientific evidence and majority consensus, is made. Both strengthening and reconstruction can make a building earthquake-resistant if done properly. A balanced evaluation of ownership rights, public safety, and stakeholder interests should guide the most appropriate solution.
Lawyer Mediator Fatih M. TERCAN