Pimapen Pimapen

Urban Transformation

What is Urban Transformation?

Urban transformation is analyzing the economical, societal and spatial characteristics of an area and constructing sound, safe and modern buildings instead of buildings not resistant against natural disasters, mainly against earthquakes, in line with a feasible road map taking into consideration the urban problems and requirements.

By means of the urban transformation projects with which cities are intended to be build up at habitable standards, modern, safe and energy efficiency-based buildings in which construction products developed with cutting edge technology are used, and which are sensitive to environment and increase the quality of life are constructed.

There are about 19 million houses in Turkey. Of these houses, 14 million houses except for 5 million houses constructed after the year of 2000 have earthquake risk. It is forecasted that approx. 40% of such buildings (6-7 millions of houses) are required to be reconstructed or reinforced.

Steps of the Urban Transformation

* The static - architectural projects of the existing building are obtained by filing application with the Municipal Development Directorate or Directorate of Land Registry.
* In order to obtain Building Earthquake Risk Report, application is filed with institutions licensed by the Ministry of Environment and Urban Planning of the Republic of Turkey to the accompaniment of the documents of the building.
* In order to prepare an Earthquake Risk Report, the Ministry licensed institutions carry out examination in your building.
* Prepared by the licensed institution within seven days, the Earthquake Risk Report is submitted to the Provincial Urban Transformation Directorate of the Ministry of Environment and Urban Planning.
* The Ministry reviews the Earthquake Risk Report and approves the same within 10 days if it is complete. If your building is classified as risky as a result of the report, the Directorate of Land Registry of the Ministry puts an annotation of Risky Building to the building land registry records with writing.
* Ministry’s Official Writing is sent by the relevant Directorate of Land Registry to all flat owners (There is a right to raise objection against the report before the Provincial Directorate of the Relevant Ministry within 15 days upon notification of the official writing). If the building is a risky one, the Building Joint Resolution Protocol is prepared and signed by at least 2/3 (title deed share) majority of building owners within 60 days after the notification of the official writing.
*The Building Joint Resolution Protocol is submitted to the Provincial Urban Transformation Directorate of the Ministry of Environment and Urban Planning of registry to the accompaniment of a petition for information purposes (If building owners fail to sign the Building Joint Resolution Protocol with 2/3 majority within 2 months, the building is demolished by the Ministry).
* The contractor firm is procured to prepare all the municipal projects for the building to be reconstructed or reinforced and license is obtained from the relevant municipality.
* Application is filed with banks coming to an agreement with the Ministry for Urban Transformation Loan. Of the Lease or Construction loans, only one may be used.
* Application is filed with the Provincial Directorate of the Ministry for Urban Transformation Housing Benefit (this is limited to 18 months and TL 600 on a monthly basis).
* Agreement is concluded with the contractor - construction firm to be chosen with the joint decision of flat owners and the construction of the new building is started.
* After completion of the construction, TITLE DEED WITH RESIDENTIAL USAGE LICENSE is obtained from the municipality. TITLE DEED WITH RESIDENTIAL USAGE LICENSE means an earthquake-resistant and complete building that has been constructed as per its relevant project.

Click here for detailed information.

Thermal Insulation is a Legal Obligation.

Energy Identity Certificate is a certificate indicating the energy consumption class and CO2 (carbon dioxide) emission class of buildings. Classifications are 7 as A, B, C, D, E, F, and G. While a building with an energy performance of class A is the most saving building, a building with an energy performance of class G is at the lowest level of this classification. In buildings to be newly constructed, the lowest energy level may be C. If the energy class is under C in such buildings, the project should be restructured by making arrangements in terms of the projects such as architectural, mechanical, electrical, etc. to increase energy saving. In existing buildings, such a situation does not exist.

Existing buildings are required to obtain Energy Identity Certificate by 2 May 2017.

Although it was made necessary as of 1 January 2017 that one issues Energy Identity Certificate in the buildings constructed in Turkey, the existing buildings have been granted a period of time until 2017 for them to complete their Energy Identity Certificate. There is not any energy classification limitation for existing buildings. That is to say, the energy class of your existing building may turn out to be below the class C. According to the Regulation on Energy Performance in Buildings, if the energy class of your building is below the class C after 2017, many sanctions are awaiting the building owners. After the year 2017, submission of the Energy Identity Certificate shall be obligatory in terms of all purchases-sales and leases of buildings. The buildings in which operation and production activities are carried out in industrial areas, buildings with a planned usage period being less than two years, buildings with a total usage area being lower than 50 m², greenhouses, workshops, stores individually constructed and not needing to heated and cooled, ammunition stores, warehouses, barns and similar buildings are excluded from the scope of this regulation.

Again, thanks to the arrangements to be made, the buildings shall be subjected to a taxation practice according to the energy classes they have. Being subjected to classification according to energy classes, buildings shall now be able to be taxed according to their energy efficiency and the maximum tax shall be paid by the class G and the minimum tax shall be paid by the class A based on their energy efficiency.

After the year 2017, submission of the Energy Identity Certificate shall be obligatory in terms of all purchases-sales and leases of buildings. Thus, the party purchasing or renting the building shall know the Energy Class of the building he/she/it is to purchase and be able to make his/her/its choice according to this, which in turn shall reflect on the demand for buildings and the prices of buildings.

ARTICLE 25 - (15) (Annex: OG-1/4/2010-27539) In procedures and actions with respect to purchase, sale and lease in relation to buildings or independent sections, the requirement that energy identity certificate has been issued for them is sought. At stage of the sale or lease of the building or independent section, the property owner gives one copy of the energy identity certificate to buyer or lessee.

PROVISIONAL ARTICLE 3 – (1) For existing buildings and for buildings under construction and not having obtained occupancy permit yet, Energy Identity Certificate is issued within ten years from the date of publication of the Energy Efficiency Law (The date of publication of the Energy Efficiency Law is 02.05.2007).

Thermal Insulation Project RequirementAnother important point introduced with the Regulation on Energy Performance in Buildings is the requirement of thermal insulation project. In order to be able to obtain occupancy permit in buildings newly constructed, it is obligatory to prepare a thermal insulation project prepared in accordance with the legislation in terms of its content. Otherwise, no occupancy permit cannot be obtained for a building newly constructed.

As a conclusion, as of 2017, the sale-purchase and lease of buildings with no energy identity certificate cannot be made; moreover, those buildings shall have to pay taxes at higher rates. In order not to encounter such a situation, having thermal insulation made in our building has become an obligation:

ARTICLE 10 – (1) In accordance with the provisions of this Regulation, according to the calculation method as specified in TS 825, the relevant administration requests “the thermal insulation project” prepared by the certified mechanical engineer together with the installation project at the stage of issuance of building license in accordance with the relevant legislation.

Regulation on Energy Performance in Buildings (REPB)
* Principles of Regulation on Energy Performance in Buildings

(1) In designing new buildings, in essential repair and modification projects requiring project change in terms of existing buildings, and mechanical and electrical installation changes, the principles provided for in this Regulation shall be taken into consideration according to the specifications of the building. (2) If the architectural, mechanical and electrical projects of the building are not in compliance with the requirements provided for in this Regulation along with other legal regulations in terms of the energy economy, no building license is issued by the relevant authority. (3) In case of determination that no implementation has been made according to the relevant project in compliance with the principles hereof, no occupancy permit is issued by the relevant authority for the building until the determined deficiencies are eliminated.

Duties, Powers and Responsibilities of the Regulation

The following are the responsible for, authorized to carry out and incumbent on the implementation of this Regulation:

a) Relevant Authorities,
b) Institutions authorized to issue Energy Identity Certificate,
c) Investors,
ç) Building owners, building administrators or energy administrators,
d) Operators,
e) Employers or their representatives,
f ) Architects and engineers being in charge in design and application,
g) Implementing contractors and manufacturers,
h) Advisors, consultants taking charge in construction, usage of the building, in issuance of the energy identity certificate, real or legal persons carrying out project control, institutions authorized to issue energy identity certificate, and certified auditing firms and business official.