10 questions 10 answers | Urban transformation roadmap
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Discussions grew in the emergency meeting of apartments in cities with earthquake risk. Although the earthquake performance of the building is curious, it is not known how to proceed most of the time. Experts explained all the details to SÖZCÜ in detail, from who can apply for the earthquake resistance test to where, to the rights of the tenants, what will happen if the building turns out to be risky, and the right to object.
The great destruction caused by the earthquakes in Kahramanmaraş left the tenants and the landlords of the buildings with unknown earthquake performance in a dilemma.
If the building is found to be risky as a result of the test, since it will undergo urban transformation and be demolished, both the flat owners and the tenants may abstain from determining the risk.
While the tenants are afraid of not being able to find a house due to the current supply shortage and being exposed to much higher rents even if they find it, the worry of the landlords is that they will no longer be able to rent and the value of their house will decrease. Moreover, there may be landlords who lose their house after undergoing urban transformation.
After the big earthquake that affected 10 provinces, the discussions in the emergency apartment meetings in other provinces also grew. It is not known how to proceed in these meetings held in the current information pollution.
So what to do, how to take a way?
We talked to Tayfun Gücenmez, President of the Association of Building Audit Companies of Turkey, and Ali Güvenç Kiraz, the President of the Real Estate Law Association, with all the details of who can apply for the earthquake resistance test, and how the process progresses if the building is risky.
1- HOW MANY KINDS OF EARTHQUAKE RESISTANCE TESTS ARE THERE AND WHO CAN APPLY?
There are two earthquake resistance tests that can be done. The first is the special report.
The special report for those who are wondering, ‘We want to see if our building is strong or not,’ can be obtained from all companies with the ability to issue this report.
However, in order to apply, all flat owners must hold a general assembly and give their approval. It is not a method by which a sole proprietor can apply and get cored.
According to the result of the report, there are no obligations such as demolition or strengthening of the building. In other words, this report, which has no official counterpart, only reveals the performance of the building against earthquakes and gives an idea.
Flat owners can also pay the cost of the report in the form of dues.
this test The Istanbul Metropolitan Municipalityof (IMM) free rapid building scanning studies are given as an example.
With the Quick Scan method, the earthquake risk status of the buildings built before 2000 is analyzed as quickly as possible by using the second-level evaluation methods.
These data collected at the site are then analyzed with an application prepared together with the academicians, and the earthquake safety rate is calculated and the owners are informed about the current state of the building according to the score.
Within the scope of the study, it was stated that no samples were taken by core testing the building, only a report was given, and no evacuation was made.
2- WHAT IS THE RISKY BUILDING DETECTION REPORT?
Another report is the risky structure detection report.
Contrary to the special report, this report is a test that a flat owner can have alone, even if there are 100 flats in the building.
Ministry of Environment, Urbanization and Climate Change Internet A landlord who wants to apply to licensed companies on the website can apply without the approval of other owners.
The price of this report, on the other hand, started from 12-13 thousand TL last year, while it starts from 20 thousand TL as of this year. The price increases depending on the number of floors of the building and whether there is a ground survey or not.
3- WHAT HAPPENS IF OTHER HOSTERS DO NOT REQUEST A REPORT?
So, how does a risky building detection report, prepared with the application of only one of all the flat owners in the building, affect other homeowners?
Hunting. According to Kiraz, if she makes an application, the applicant floor owner pays the entire detection fee.
However, in case of application, all other floor owners have to comply with this decision.
So if their flats have to be cored, they have to open their flats. If they do not open it, they are deemed to have committed a crime and are prosecuted by the public prosecutors. If they do not open it again, the security forces come and the cores are taken.
If the building in question is found to be risky as a result of the report, there are two options: Either the building is demolished and rebuilt or strengthened.
4- CAN TENANTS APPLY?
So, can only flat owners apply for this test?
According to Tayfun Gücenmez, tenants cannot directly apply for the risky structure determination report.
However, according to the law, the Ministry of Environment, Urbanization and Climate Change has to file an objection to the provincial directorate that the building is not safe, and the directorate must see this objection as appropriate and write to the owners and demand a risky building determination.
If this request is not met within 30 days, this determination is made and the cost is reflected to the owners.
5- WHAT HAPPENS IF THE BUILDING IS RISKY?
So what happens after the risky structure detection report is received?
If the report, which comes out after the core is taken, the concrete film is taken and the necessary examinations are made in the laboratory environment, reveals that the building is risky, this report is submitted to the municipality. After the municipality completes the necessary examination and sends it to the title deed, a risky building annotation is placed on the owners’ household.
The second stage after the risky structure is finalized is the evacuation process… This process is also carried out by the municipalities.
The district municipality gives all owners two periods, the first of which is not less than 60 days and the second is not more than 30 days. When these periods expire, electricity, water and natural gas are cut off.
After everyone on the property is evacuated and the building’s life safety is ensured, the demolition process begins.
6- CAN I OBJECT THE RESULT OF THE REPORT?
This is what many condominium owners fear: I don’t want the building to be demolished, what can I do if it turns out to be risky?
If the building is found to be risky as a result of the report, a ‘risky building’ annotation is placed on the title deed and all owners are notified. You have the right to object to this report within 15 days after this notification.
This objection is made to the district municipalities in Istanbul, Ankara and Izmir, and to the provincial directorates of the Ministry of Environment, Urbanization and Climate Change in other provinces.
The objection goes to the provincial directorate objection commission of the ministry and the commission created starts to examine the risky structure determination report. If the risky building detection report is obtained illegally, the objection is accepted and the ‘risky building’ annotation in the title deed is deleted.
However, Atty. According to Kiraz, 99 percent of these objections are rejected and the demolition process of the building begins.
7- HOW DOES THE BUILDING DESTROY PROCESS?
A risky building detection report was made, the building was risky, the objection was also raised, but if the building is still to be demolished, the process proceeds as follows:
If the owners do not demolish the building themselves after it is certain that the building will be demolished, the municipality demolishes it and processes the demolition cost as a joint mortgage on their title deeds at the rate of the land share.
If the owners want to demolish the building, two-thirds of the land share has to decide. In other words, it is decided whether it will be built for flat, for a price or with another model.
So what happens if you don’t agree with the decision?
A warning is sent to those who do not agree with the decision and are asked to participate in the decision. Even if he does not participate, his shares are put up for auction within 15 days.
Hunting. Kiraz warned that ‘opposition owners’ do not have the right to sign a contract again if they do not sign the contract within 15 days:
“Recently, objections and defenses have been made such as ‘we will not sign in 15 days, we will sue and stop’. In most of these defenses, owners lose their homes. If you object to this contract, you have 15 days, sign it, then declare your objection with a warning and open the case after signing the contract.
8- HOW IS THE BUILDING STRENGTHENING PROCESS?
Well, if the building turns out to be risky, does it have to be demolished? No, a second option is retrofit.
For retrofitting, first of all, the determination of the risky building should be finalized and the floor owners should hold a meeting and take the decision to strengthen it. In an apartment with 20 flats, at least 16 independent sections must decide on retrofitting.
The third thing to do is to get the technical report on whether the building is suitable for retrofitting.
If the building is suitable for retrofitting, a retrofitting project is prepared and finally, the process is started by applying to the municipality.
Regarding the owners who do not participate in the reinforcement, provisions regarding the contribution are made over the amount they did not pay, and the floor owner is indebted with a monthly interest of 5 percent and an annual interest of 60 percent.
9- IS THERE A CREDIT SUPPORT IN DESTRUCTION AND STRENGTHENING, HOW MUCH?
What will the cost of demolition or retrofitting of the building be?
Flat owners who want to demolish and rebuild the immovable property benefit from the government’s loan interest support if they do not want to give it to the contractor but want to have it built by themselves.
The upper limit for these loans was increased by 50 percent in October. Housing construction and acquisition loans and workplace construction loans were increased from 400 thousand liras to 600 thousand liras.
Interest support for housing construction and acquisition loans was increased from 400 basis points to 600 basis points per year, and for workplace construction and acquisition loans from 300 basis points to 450 basis points. In other words, when a 1.5 percent monthly conversion loan is used, 0.50 percent of it will be covered by the ministry.
The retrofit loan given is 240 thousand TL. The statutory interest on this loan was subsidized at 6 percent. In other words, if the market interest is 24 percent, the state pays 6 points, the citizen pays your debt with 18 percent interest.
10- HOW MUCH IS THE RENTAL AID IN URBAN TRANSFORMATION?
Although it varies according to the provinces, rental assistance varies between 1,000 lira and 1,500 lira. The aid lasts for 18 months in the risky structure and up to 48 months in the risky area. Tenants, on the other hand, can receive support between 2 thousand liras and 3 thousand liras at once.
‘TEMPORARY HOUSING AREAS OPENED FOR ZONING, THERE IS NO PLACE TO GO’
One of the most important problems is that if the building is risky and demolished, both the landlord and the tenant will move to a new house, but they do not know what to do due to the insufficient supply of rental housing.
Normally, as soon as the urban transformation law was enacted, reserve building areas were declared in Istanbul and other provinces.
Explaining that the basic logic here is to build temporary housing in these areas and to be a transfer center, Attorney Ali Güvenç Kiraz explained that these areas were opened for development with the following words:
“For example, when Fikirtepe was being built, reserve building areas were mentioned with the logic that people living there would return after being placed in temporary residences. But what happened? The people in Fikirtepe went to Pendik and did not return. Reserve structure space logic did not work. Because these areas were opened to construction as we call zoning rent, this logic did not work.
Therefore, when a risky area is declared in Istanbul, there are no temporary accommodation centers where neither the owners nor the tenants can go. People take care of themselves.
In this context, the correct model is the construction of temporary housing centers by constructing 7-8 reserve areas in Istanbul, 3 in İzmir and 2 in Adana within the framework of the transfer center. These houses can continue as social housing even after the urban transformation is completely finished throughout the country.”
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