When the urban transformation process begins, the land share ratio in your title deed suddenly becomes a vital figure. This is because your square meter rights, voting power, and the price of your share in a new building will largely depend on this ratio. So, if you realize that your land share has been determined incorrectly and undervalued, how much time do you have to correct it? In this article, we examine why a lawsuit for the correction of land share must be filed before the building is demolished, what happens after demolition, and the method of evidence determination that can be resorted to in cases where there is not enough time, in light of current legislation and Supreme Court precedents.

Land Share, the “Mathematical Foundation” of Urban Transformation

Decisions taken regarding risky structures (demolition, reconstruction, sale of shares, floor-for-share allocation) within the scope of Law No. 6306 on the Transformation of Areas Under Disaster Risk are made by the absolute majority of owners, calculated according to their land share ratio. As a rule, the distribution of independent sections in the new building is also done according to these ratios. Therefore, an owner whose land share is incorrectly low loses both their voting power in the decision-making process and their square meter rights in the new structure. This risk is particularly pronounced for attic and ground-floor owners.

Critical Rule: This Lawsuit Cannot Be Filed After Demolition

A lawsuit for the correction of land share can only be filed as long as the main building maintains its floor easement or condominium ownership status. The reason is simple: According to the established jurisprudence of the Supreme Court, when the main immovable property subject to the lawsuit is demolished, there is no independent section left whose value can be determined, thus the application of Article 3 of the Condominium Law (KMK) becomes legally impossible.

When the building is demolished, the following chain of consequences occurs:

Condominium ownership/construction servitude terminates. Pursuant to Article 6 of Law No. 6306, the construction servitude or condominium ownership previously established on the immovable property whose building has been demolished is cancelled ex officio without requiring the consent of the interested parties.

The immovable property reverts to shared ownership. The title deed is re-registered in proportion to the existing (erroneous) land shares.

Independent sections legally cease to exist. Since there is no longer a “section value” to be corrected, correction in the sense of Article 3 of the Condominium Law (KMK) becomes impossible.

    Consequently, after the demolition takes place, the owner is left with their erroneous share and can only dispute this share through general provisions based on compensation or violation of the rule of good faith; however, a “correction” in the sense of Article 3 of the Condominium Law (KMK) is no longer possible.

    Timing Is Everything: Act Before the Risky Building Decision Becomes Final

    If the land share in a building entering the urban transformation process is believed to be erroneous, the lawsuit must definitely be filed before the demolition takes place and an on-site inspection should be promptly requested from the court. In practice, the safest time frame is before the risky building decision becomes final, or at the latest, before the demolition permit stage. Since the conclusion of this lawsuit requires expert examination and on-site inspection and thus takes time, initiating the process early is of critical importance.

    If Demolition Is Imminent: Action for Determination of Evidence

    If the litigation process cannot catch up with the demolition, property owners can resort to evidence determination in order not to completely lose their rights. Through this method, the condition and value of the independent sections and the structure before demolition are officially recorded by the court. This determination forms an important basis for future claims for compensation or claims based on general provisions. Since it is not possible to subsequently produce data not obtained before demolition, evidence determination often serves as the last resort.

    A Controversial Exception: The Situation in Floor Easement

    Some views in doctrine suggest that even if the risky structure is demolished, the floor easement might not automatically terminate, and therefore, in places with floor easements, the case could still be litigated even after demolition. However, the general tendency is that the case will become moot with the demolition. Furthermore, the existence of grey areas in practice regarding whether the concept of “demolition” refers to actual physical demolition or the ex officio cancellation process in the land registry makes acting early even more imperative.

    Frequently Asked Questions (FAQs)

    1. Can I file a lawsuit for land share adjustment after the building is demolished? As a rule, no. Since condominium ownership/floor easement terminates with demolition and independent sections legally cease to exist, a lawsuit for adjustment in the sense of Article 3 of the Condominium Law cannot be filed.

    2. What do I lose in urban transformation if my land share is incorrect? Since your square meter right in the new building, your voting power in the decision-making process, and the price to be paid for share sales depend on your land share, a low share directly means a loss of rights.

    3. When should I file the lawsuit? Before demolition, if possible, before the risky building decision becomes final. It is essential to initiate these lawsuits early as they require site inspection and expert review.

    4. If demolition is very imminent, is there no remedy at all? You can have the pre-demolition value of the independent sections and the building recorded through the court by filing a lawsuit for evidentiary determination. This is an important basis for future compensation claims.

    5. Can I not do anything for my erroneous share after demolition? Although rectification in the sense of Article 3 of the Condominium Law is not possible, claims based on general provisions such as compensation or violation of the rule of good faith may arise depending on the specific case. This is a separate and more challenging legal process.

    Our Related Articles

    Resources and Useful Links

    Why is Expert Lawyer Support Necessary?

    Land share disputes in urban transformation are processes where time is of the essence, leading to difficult-to-recover property losses due to “a single mistake.” Correct management of critical thresholds such as the moment the risky building decision becomes final, demolition permits, the timing of site inspection requests, and resorting to evidence determination when necessary, requires expertise. Since the possibility of correction legally ceases to exist after demolition, early legal intervention is often the only way to protect one’s rights.

    2M Law Office provides legal consultancy to owners in urban transformation (Law No. 6306) processes, land share adjustment lawsuits, risky building, and condominium disputes in the Istanbul and Kocaeli region, especially in Tuzla, Pendik, Kartal, Maltepe, and Gebze. It is important to work with an expert lawyer to professionally evaluate your rights and obligations before entering the risky building process.