Page 228 - Çevre Şehir İklim İngilizce - Sayı 4
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Urban Transformation in Istanbul Within the Scope of Disaster
                                          Preparedness

               High risk area; is defined as “the area designated by the President... which
            is under the risk of causing loss of life and property due to the soil structure or
            the building on it” while the reserve building area is expressed as “the areas
            designated directly or upon the request of TOKİ or the Administration by the
            Ministry in order to use them as a new settlement area in the applications
            within the scope of this Law”.  Together  with  these  two  concepts  defined
            by the Law for transformation on the basis of area, the high risk building is
            defined as “the building that is located in or outside the high risk area and
            has completed its economic life, or identified as under the risk of collapse or
            severe damage based on the scientific and technical data” (Law No. 6306,
            2012).
               Procedures and principles related to identification of high risk areas, high
            risk  buildings  and  reserve  building  areas,  demolition  of  risky  structures,
            determination  of  the  value  of  real  estate  to  be  transformed,  providing
            assistance  to  rights  holders  and  other  applications  has  been  specified  in
            accordance with the Law No. 6306 on the Redevelopment of Areas Under
            Disaster Risk and the Implementing Regulation enacted upon the publication
            in  Official  Gazette  no.  28498  of  15.12.2012  (Implementing  Regulation  of
            Law  No.6306,  2012).  In  addition,  Metropolitan  Municipalities  and  district
            municipalities were authorized on the implementation within the scope of the
            Law. It is expected that at least 2/3 of the beneficiaries will reach an agreement
            with  the  implementing  institution  or  legal  entity  in  order  to  perform  the
            application  in  high  risk  and  reserve  building  areas  and  high  risk  buildings
            structures identified by Law No. 6306.
               As  a  method  of  responding  to  the  failures  encountered  during  the
            implementation, the existing articles are amended or new articles are added
            to the Law. The most significant example of it is the Article 6/A included in the
            Law No. 6306.
               In 2019, following the collapse in Yahya Kemal Neighborhood of Kağıthane
            district  and  the  spontaneous  collapse  of  Yeşilyurt  apartment  building  in
            Orhantepe Neighborhood of Kartal district causing the loss of 21 lives, the
            provisions of the legislation that were currently being worked on regarding the
            Law No. 6306 were launched. Additions and amendments were made to the
            Law No. 6306 on various dates, and the most visible change in practice is Article
            6/A added to the law. This article sets out the provision that “transformation
            of areas where structures are as risky as they are about to collapse and the
            areas with structures that collapse spontaneously or severely damaged or
            at risk of severe damage due to landslide, flood, rockfall, fire, explosion etc.
            shall be implemented directly by the Ministry without seeking the consent of
            the owners or the interested parties”. After this change, the Ministry officially



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