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Decision Quorum, Meeting Principles and Minority Rights within the Scope of Law No. 6306. This guide has been updated as of 2026, based on the Law No. 6306 on the Transformation of Areas Under Disaster Risk.
Summary: In a building declared as a risky structure, reconstruction, contractor selection and sharing decisions can no longer be made by two-thirds, but by the absolute majority (50+1%) of the flat owners calculated based on their land share. Minority owners who do not agree with the decision are given a 15-day notice through a notary; If no signature is made within this period, the land shares will be put up for sale at auction. If the majority decision is contrary to equity, minority owners can file an annulment lawsuit in the Civil Court of Peace.
Could a Single Neighbor's Failure to Sign Make the Entire Building Waiting for Years? In the past, when a building at risk of earthquake needed to be renovated, the failure of a single owner or a small minority to sign could lock the project for years. This blockage was prevented with the amendment made to the law; However, in the new system, this time, strict procedural rules and minority protection mechanisms came into play to prevent the majority from victimizing the minority.
This guide covers how the absolute majority decision is taken, the meeting and warning process, the rights of minority owners and the procedure for selling land shares of those who refrain from signing.
What is a Simple Majority Decision? In the old regulation, the practices after the demolition of a building declared as a risky structure were decided by at least a two-thirds majority of the stakeholders. In accordance with the current legislation, all decisions such as the reconstruction of the real estate, the selection of the contractor, the conditions of the construction contract and the principles of sharing can now be taken by the absolute majority (50 + 1%) of the flat owners, calculated on the basis of their land share. This rate is calculated based on the land share ratio in the title deed, not the number of people. The aim of the regulation is to prevent a single owner or a small minority from stopping the transformation process of the entire building for years.
Flat Owners' Meeting and Decision-Making Process Decision-making by simple majority strictly adheres to the formal conditions stipulated by the law. After the risky building determination is finalized, a meeting call is sent to all flat owners by one of the owners or the building management through a notary or by registered letter; The place, time and agenda of the meeting should be clearly stated in the call. At the meeting, the group that provides the absolute majority of the land share signs a decision protocol on how the transformation will be carried out and which construction company will be agreed with.
The decision taken and the draft contract are notified through a notary to the minority owners who did not attend the meeting or opposed the decision. In the notice, it is stated that the person must agree to the decision within 15 days from the notification of the decision, otherwise the land shares will be sold by auction.
Rights of the Minority Who Does Not Participate in the Decision The absolute majority's decision-making authority is not absolute. If the decision taken is against the rule of honesty, if an unfair share distribution has been made to the minority (for example, valuable facades are given only to the majority group), the owner whose rights have been damaged may file a lawsuit in the Civil Court of Peace to annul the decision and stop the project; Abuse of rights is not protected in law.
In addition, the value of each independent section must be reported by independent valuation companies licensed by the Capital Markets Board. If minority owners find the valuation of the flats or land shares presented to them incorrect, they can object to this report within the legal period and request a new expert review through the court.
Case Summary: An apartment building with 10 flats and equal land shares was declared a risky building and demolished. 6 of the owners (60% of the shares) want to sign a contract in exchange for flats with a construction company, and the remaining 4 owners refrain from signing because they do not like the project.
Legal Evaluation: The decision is legally valid since 60% shares meet the absolute majority requirement. The 6 signatory owners send a 15-day notice from the notary to the 4 owners who do not participate in the decision. If no signature is made within this period, the shares will be put up for sale at auction.
Case Summary: Abuse of the Rights of the Majority In the example above, 6 owners, who hold the absolute majority, made an agreement with the construction company and allocated all the upper floor flats with sea views to themselves, leaving the basement floors to the 4 opposing owners.
Legal Evaluation This situation is clearly against the rule of honesty and the principle of equality. Minority owners may file a lawsuit in the Civil Court of Peace against the notice issued to them, claiming that the project is unfair; The court may decide to annul the unfair decision and distribute the shares fairly.
Sale of Land Shares of Owners Who Avoid Signing The land shares of owners who do not sign the contract despite the 15-day notice are put up for sale by the Provincial Directorate of Environment, Urbanization and Climate Change by auction. Only other flat owners in the building can participate in this auction; The sale is made to the owner who offers the highest bid, not less than the market price determined by the licensed company. If the other partners do not purchase the share, the land share is expropriated by the Ministry or registered in the name of the treasury and transferred to the contractor, provided that the market price is paid; thus preventing the project from stopping.
Process Step Quorum / Duration Owner's Way of Claiming Rights Determination of a risky structure Application of a single owner is sufficient Objection within 15 days from the notification of the report Making a conversion decision Absolute majority (50+1%) on the basis of land share Annulment case at the Magistrates' Court if there is a violation of equity A warning to the minority A strict period of 15 days The right to review and accept the contract within the period The sale of the land share begins if the signature is not made within 15 days A lawsuit is filed in the Administrative Court with the allegation of irregularity
Is absolute majority calculated according to the number of people or shares? It is calculated according to the share. In a ten-flat building, the decision of the owners representing more than half of the land share is taken into account, not the votes of six people. Although this generally coincides with the number of people in a building with equal shares, the result may differ if the shares are not equal.
If I do not respond to the notice in time, will I lose my share immediately? No, it does not directly mean loss. If no signature is made within the deadline, the process moves to auction; However, even in this auction, the owner continues to protect his right to the share at the current price and the right to object to the sales procedure is reserved.
Attention: Common Mistakes in the Process Failure to respond to the notary notice in time: The 15-day period is final; Missing this deadline directly leads to the start of the auction process.
Filing an annulment case without justification: Cases filed with abstract reasons such as "I don't like it" are rejected; Violation of the rule of honesty or unfair share distribution must be concretely demonstrated. Missing the deadline to object to the valuation report: Failure to object to the report in time may result in an incorrect valuation being finalized.
Conclusion Urban transformation is a multi-layered process where constitutional property rights, administrative law and condominium law intersect. Although the simple majority rule has accelerated the process, there is always the risk that projects will be canceled by the court if the procedural rules are not followed. Both the majority's ability to prepare the contract safely and the minority's ability to receive a fair share without losing their rights depend on the correct management of the process.
Important Legal Notice: The legal explanations and case studies contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique conditions of each building may change the outcome, it is recommended that the process be carried out with the support of a real estate and zoning law lawyer. © 2026 Küheylan Law Firm. All rights reserved.
Author: Av. Mert Deniz Küheylan Küheylan Law Firm — Burhaniye Mh. Neşetbey Sk. No:12/5 Floor:5 Flat:3 Üsküdar/İstanbul — info@kuheylan.av.tr — kuheylanhukuk.com
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