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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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