Abstract:

Law No. 6306 on the Conversion of Disaster Risk Areas aims to minimize the risks caused by earthquakes as quickly as possible in our country, which is largely in the earthquake generation. The structures and areas that are determined to be at risk, through this Law, may be subject to urban transformation by a qualified majority decision, even if there is no unity between the owners. In this context, the law has made it possible that the shares of stakeholders who are opposed to the decision on urban transformation for various reasons can be sold through the administration. However, there are some legal uncertainty regarding the conditions and procedures stipulated in the legislation regarding the sale of shareholders. These uncertainty, in addition to striking the law’s goal of “rapid preparation for the earthquake”, may have a negative impact on the property rights of citizens who have been forced to evacuate their dangerous structures in the hope of urban transformation for many years. In this study, it is requested that the subject, conditions and procedures of the sale of shares in risky structures, based on the writing of the legislation or on the grey spaces that arise for other reasons, to bring solutions to legal problems that occur or may occur in the practice.

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