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Urban transformation can involve various scale projects. Urban transformation efforts can be described as public initiatives aimed at preventing potential loss of life and property by assessing the risk of existing buildings against potential earthquakes and constructing buildings with suitable foundations for the existing ground structure.
In other words, it refers to activities aimed at creating healthy and safe living spaces in aging areas of the city and other risky and idle lands through improvement, liquidation, and renewal processes, in accordance with technical and artistic norms and standards. In its most basic sense, urban transformation can be explained as follows:
Homeowners who hold property rights may wish to demolish and rebuild their aging apartments due to concerns that their residences may not be earthquake-resistant. This “renewal” activity is the smallest-scale definition of urban transformation.
Urban transformation is a costly endeavor. Property owners initially explore financial options for rebuilding the structure.
The first question will be: What would be the cost of demolishing and rebuilding the existing building? Once it is understood that this option is quite expensive and requires financial strength, a second approach may be to collaborate with a contracting firm. This method, known as "shared ownership," involves handing over the building to a contractor, but it comes with uncertainties.
So how can contractors or property owners calculate this?
There is no hidden aspect to this. You can also do it in a few steps.
This starts with obtaining the current zoning rights (building rights) of the existing building (residential, etc.). For this, it is sufficient for the property owners to visit the municipality’s zoning department to inquire about the parcel’s zoning status, applicable plan notes, and general application rules.
• What fraction of the apartment belongs to me?
The project of the existing building should be obtained from the municipality, and if there are any documents related to the land shares per apartment, these should be accessed. When reviewing the current titles, if there is a discrepancy between the land share and the current situation, it is crucial to resolve this promptly. Essentially, how much of the new building will belong to you is directly related to how much of the land your building occupies.
A contractor may prefer to invest the money intended for this construction into more profitable investment options. The profit gained from the construction must be higher than alternative income sources for the contractor to proceed with rebuilding the building. So how is this cost calculated?
What is the area of our existing building?
What is the maximum construction area allowed with our current zoning rights?
***Sometimes more is not better.
If there is an increase in the construction area, is this sufficient for the contractor?
Will the contractor enter this business for this increase? If the answer is yes, the contract phase can proceed.
• What if rebuilding our building is not attractive for the contractor?
In this case, property owners must make sacrifices. It should not be forgotten that this sacrifice will lead to brand new residences.
So how should this sacrifice be made?
So, where does the architectural project fit into this process? This question is critical because the architectural project is too valuable to be left to the contractor's discretion; property owners should engage architectural services as soon as decisions are made.
However, if property owners do not have a budget for the architectural project, the architect will only come into play once the contractor is involved, and the project process will proceed with the project team found by the contractor. Ultimately, how to best evaluate your property will progress more effectively with an experienced architectural team.
Once you have an architectural project that satisfies both the contractor and property owners, this project is put into a contract according to commercial conditions. In this process, the contractor will want to keep general descriptions as much as possible, but it is recommended that informed property owners receive architectural consultancy from a qualified architect to describe every material used in their apartments, as well as legal consultancy from a lawyer to finalize the contract. This way, conflicts and disputes can be avoided from the outset.
Everything is going well; you have almost reached an agreement with the contractor, but where will you stay during the construction period?
How will the required payments from property owners be made?
There are two methods for this. The first is to include all these payments in the contract you make with the contractor, while the second involves proceeding according to the law enacted regarding the Transformation of Risky Areas (Law No. 6306). It is possible to benefit from state support such as rental assistance, exemption from taxes and fees, allocation of residential and commercial properties, and support for loans and interest.
The first step is to obtain a report stating that your existing structure is “risky.” With the newly enacted law, either a property owner or tenant can submit a request to the relevant municipality with the title "I want my building to be examined for potential disaster risk," and this service must be obtained from authorized offices.
If the report obtained is not contested by the property owners and is approved by the relevant municipality, a note indicating that this building is “risky” is added to the title deed records sent to the land registry. From this point on, an irreversible demolition process will begin.
The municipality gives 60 days for the building to be evacuated, and if it is not emptied and demolished within this time, the municipality will carry out the demolition.
With the new law amendment, agreements can be made with the contractor by more than half of the property owners, and the properties of those who contest can be sold at auction. After an agreement with the contractor, rental assistance and loan applications can be made, and necessary projects can be drawn up to obtain the necessary permits from the municipality to start construction.
It is recommended that state-supported urban transformation be completed within 18 months, as rental support is limited to 18 months.
If the contractor keeps their promise and everything progresses perfectly, can you move in as soon as the doors and windows are installed and the water and electricity are connected? Laws and regulations require obtaining occupancy permits. Although moving in without an occupancy permit is common in our country, the ultimate goal in the contract with the contractor is to obtain this permit.
• What if I cannot get a loan and cannot afford to pay, and my building is being demolished? What will happen to me?
Unfortunately, while this may not be very “fair,” under the law, the Urban Transformation Directorate will make payments on your behalf, and the amount paid will mean the directorate becomes a "partner" in your property. This means you will become a tenant in your own home, possessing a “RESIDENCE PERMIT” without paying rent. If you do not repay the Urban Transformation Directorate for the property you "delivered" under the conditions set by the directorate, unfortunately, you will no longer have an inheritance to leave to your children.
Is it possible that your existing building may not be truly aged?
Can you renew it without demolition or by strengthening it?
The law concerning the Transformation of Risky Areas (Law No. 6306) was enacted on 16/05/2012, with the latest update on 09/11/2023.
Buildings are the identity and memory of a city. Is it realistic to think about renewing without demolition?
In this context, it is important to briefly explain what construction engineers pay attention to while making calculations. Construction engineers carry out the necessary technical calculations to ensure that buildings stand safely and do not collapse during disasters like earthquakes. When making calculations, a safety factor is added to the load-bearing system calculations of the building. In the earthquake regulation updated in 2000, this factor was modified, and additional measures were introduced for the structural system of the building. This means that buildings licensed after 2000 are generally safer.
It should not be forgotten that an increase in the safety factor means greater resilience against disasters.
Demolishing buildings is not the only method for buildings undergoing urban transformation. Strengthening is also among the methods. The question of whether to demolish or strengthen requires serious economic evaluation.
To protect the building from all disasters, it is essential first to learn its current condition. Core samples must be taken from the building's load-bearing systems, concrete strengths of columns and beams must be analyzed, and the condition of reinforcements must be determined. Based on the results obtained, decisions can be made about what actions to take.
Projects necessary for strengthening the building against disasters should be prepared. Although the primary focus should be on the load-bearing system projects, mechanical and electrical systems should also be considered for renewal. After calculating the costs for all items, an economic assessment should be conducted, and the costs of rebuilding and strengthening should be compared.
If the strengthening cost is around 40% of the cost of demolishing and rebuilding the building, it is generally recommended to demolish and rebuild. However, as an architect, I cannot evaluate the issue solely from an economic perspective; a building represents much more than just economics. I believe that it should also be evaluated in terms of the identity of the city, the memory of the city, the history of the residents, and architectural history, though I also believe in the necessity of sometimes demolishing for rebuilding.
The example of demolition and rebuilding at the parcel level mentioned above aims to transform risky buildings and areas into safe living spaces.
Other objectives of urban transformation include:
Urban transformation can also be carried out to prevent the negative consequences of changes occurring in society. These are not only parcel-based but also larger-scale projects.
Our latest earthquake regulation came into effect on January 1, 2019.
At Maviperi Architecture, we aspire to be by your side in every aspect related to urban transformation. As an architecture office providing architectural project services for 16 years, we can offer you architectural projects, architectural consultancy, and even contracting services through the 26 years of architectural experience of our founding partner, Burak Peri. We invite you to our office for a cup of coffee…
Maviperi Architecture