Law No. 6306 on the Transformation of Areas Under Disaster Risk represents a special legal framework in which property rights are interpreted in light of public interest and public safety considerations. This legislation directly interacts with the general legal mechanism of partition actions (joint ownership dissolution lawsuits), which traditionally allow co-owners to terminate shared ownership.
The amendments introduced by Law No. 7471, published in the Official Gazette on 9 November 2023, significantly accelerated decision-making processes within urban transformation projects and reshaped the legal consequences of ongoing property disputes.
Urban transformation is a multi-stage process extending from the identification of a risky building to evacuation, demolition, and reconstruction. Although disputes among property owners are often brought before the courts under the provisions of the Turkish Civil Code governing joint ownership, the special legal regime established by urban transformation legislation creates important exceptions to general property law principles.
Transformation of the Property Regime
The process begins with the registration of a “risky building” annotation in the land registry.
Under the Condominium Ownership Law, partition lawsuits are generally not permitted for condominium properties. However, once a building is demolished, condominium ownership ends, and the property legally reverts to land ownership subject to the joint ownership provisions of the Turkish Civil Code.
Before the enactment of Law No. 7471, many urban transformation decisions required the approval of a two-thirds majority of the property owners. The new legislation reduced this threshold to a simple majority, making it more difficult for minority shareholders to delay or obstruct redevelopment projects through legal action.
In addition, when a new building is completed, the property owner may have certain legal obligations toward former tenants before leasing the property to third parties.
The Impact of Partition Lawsuits on Urban Transformation
A common misconception in practice is that filing a partition lawsuit before the Civil Court of Peace automatically suspends demolition or redevelopment activities.
However, Article 6 of Law No. 6306 expressly provides that the existence of a partition lawsuit does not prevent co-owners from making decisions by simple majority or implementing those decisions.
This approach reflects the legislature’s intention to prioritize public safety and the urgent nature of urban transformation projects.
Accordingly, neither demolition decisions nor redevelopment agreements with contractors are generally suspended merely because a partition lawsuit is pending.
Property owners seeking legal protection against administrative actions should instead consider challenging the relevant administrative decision before the Administrative Court and, where appropriate, request a stay of execution.
The Principle of "Inappropriate Timing"
The Turkish Civil Code provides that a request for the dissolution of joint ownership may not be made at an inappropriate time.
Recent judicial decisions have interpreted this principle in the context of urban transformation projects.
Once a building has been designated as risky and the co-owners have approved a redevelopment project, the property effectively becomes part of an ongoing reconstruction process. At this stage, a request to force the judicial sale of the property may jeopardize the entire project and negatively affect the rights of the other owners.
For this reason, courts may conclude that a partition action has been filed at an inappropriate time and reject the claim.
Higher court decisions have consistently emphasized that ordering the sale of a property that is already subject to an approved urban transformation project may conflict with the objectives of the legislation.
Priority of Administrative Sale Procedures
For shareholders who do not participate in the majority decision, the legislation provides an administrative mechanism through which their ownership shares may be offered to the other shareholders at market value.
If both an administrative sale process and a judicial partition lawsuit are pending concerning the same property, the civil court may suspend the judicial proceedings until the administrative process is completed.
This approach prevents conflicting sale decisions and gives priority to the special administrative framework established for urban transformation.
Conclusion
Current legislation and judicial practice demonstrate that pending partition lawsuits do not generally halt the urban transformation process. Courts increasingly recognize the special legal regime established by Law No. 6306 and the amendments introduced by Law No. 7471, giving precedence to administrative redevelopment mechanisms over ordinary property disputes.
Attempting to use a partition lawsuit as a strategic tool to block or delay an urban transformation project is unlikely to succeed under the current legal framework. Property owners should instead carefully evaluate the negotiation opportunities and administrative remedies available under the legislation in order to protect their legal and financial interests.