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The New Ratio of 50%+1 in the Urban Transformation Process and the Process Itself

We renovate your old buildings into earthquake-resistant, luxurious structures.

Article 10 of Law No. 7471 on the Transformation of Areas Under Disaster Risk and Amendments to Certain Laws and Decree Law No. 375, which was published in the Official Gazette No. 32364 dated 09.11.2023 and entered into force, changed the phrase "at least two-thirds" to "simple". Accordingly, a simple majority (50% + 1) of shareholders in proportion to their shares will be sufficient for all decisions to be made regarding real estate. With this change, in projects where a 2/3 majority cannot be achieved, the urban transformation process can be initiated with a simple majority. Article 10 refers to the amendments to Article 6 of Law No. 6306, and the fifteenth paragraph added to Article 6 of Law No. 6306 by Article 10;

The simple majority rule in urban transformation was introduced with Law No. 6306. This law allows those who own independent units in a condominium building or who are co-owners of a property to dispose of the entire property if their building is deemed risky and needs to be demolished, and if the land or site is left vacant or given to a contractor for the construction of a new building, provided that 2/3 of the co-owners or independent unit owners give their approval.

Whether the co-owners of a property agree or disagree on the demolition of a building identified as high-risk or located in a high-risk area is irrelevant. In other words, even if co-owners unanimously agree, they have no say in the demolition of buildings located in high-risk areas, or even those deemed safe but slated for demolition. The demolition of such buildings is mandatory.

Urban transformation, with a simple majority, comes into play during the stage of determining the structure to be built in place of the demolished building, or making the relevant decision after the demolition. Property owners, who come together during the stage of determining the status of the land after the demolition of the building, decide how they want to use the land.

Property owners can choose to have the land developed themselves, contract a contractor for a new building in exchange for apartments, leave the entire plot as land, or decide to sell the land.

If all the property owners reach a common decision, there will be no problem, and the method decided upon by unanimous vote will be applied to the land. The point where the simple majority rule comes into play is when the shareholders cannot agree. If a decision cannot be made regarding the action to be taken on the land, the decision taken by the simple majority is legally binding on the other group of shareholders.

EKŞİOĞLU CONSTRUCTION

Drawing strength from its long-standing history, the company continues its work while maintaining its innovative, reliable, and honest approach.

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Çaybaşı Neighborhood, 1345 Street, Ekşioğlu Apartment Building, No: 22

MURATPAŞA - ANTALYA

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info@eksiogluinsaat.com.tr

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