Simple-Majority Decisions in Turkish Urban Transformation: How a Holdout Owner's Share Is Sold (2026)

Published: 3 min readÇET Yapı Editorial Team
Merter İnsaya Konakları by ÇET Yapı
In short
  • Decisions on the parcel of a risky building are taken by a simple majority of owners by land share; before Law No. 7471 (November 2023) the threshold was two-thirds.
  • A February 2026 amendment explicitly requires proof that all owners were invited to the meeting.
  • The decision and offer are notified to non-consenting owners, who have 15 days to accept; otherwise their share can be sold by auction.
  • The sale cannot be below the fair value set by a committee, taking into account a licensed valuation report; only consenting owners may bid in the first sale.

The most common cause of delay in urban transformation is that some owners in a building do not agree. Law No. 6306 addresses this with the simple-majority rule and the auction sale of non-consenting owners' shares.

What is a simple majority?

Decisions on the parcel of a risky building are taken by a simple majority of owners by land share — more than half of the total land share as recorded on the title deed, not the number of people or flats.

Example Total share Consenting owners Result
8 flats, equal shares 8/8 5/8 (62.5%) Decision taken
8 flats, equal shares 8/8 4/8 (50%) Not taken (not more than half)
Building with shops, unequal shares 1,000/1,000 520/1,000 Decision taken

The threshold was lowered from two-thirds to a simple majority by Law No. 7471 of 7 November 2023. Older sources may still say 2/3.

How the decision is taken

  1. All owners are invited. Since the 4 February 2026 amendment, proof of invitation is explicitly required for the sale application.
  2. The meeting is held and minuted.
  3. The decision — contractor, design and sharing ratio — is signed by the consenting owners.
  4. The decision and offer are served on non-consenting owners by e-notification, notary or 15-day neighbourhood notice, giving them 15 days to accept.

How a holdout owner's share is sold

Under Article 15/A of the regulation:

  1. Application to the Provincial Directorate with invitation records, minutes, notification records and a valuation report from a CMB-licensed firm.
  2. Annotation on the title deed that the share is subject to sale and cannot be transferred.
  3. Fair value set by the Directorate's valuation committee.
  4. First sale: only consenting owners may bid; bids cannot be below fair value.
  5. Payment: the winning bidder pays within 7 days and signs the contract in line with the majority decision.
  6. Further sales: if no buyer, the sale is repeated after 15-day notice and third parties who accept the decision may bid.

Demolition is not required before the sale. Mortgages, attachments or usufruct rights do not prevent the sale; they continue over the sale price.

Rights of the owner whose share is sold

  • Receives at least the fair value.
  • May attend the sale as an observer.
  • May challenge administrative acts within 30 days of notification.

If the contractor walks away

The same majority can terminate the contract: if construction has not started within one year or has been stalled for six months for reasons attributable to the contractor, owners apply to the Directorate, which gives a 30-day warning, after which the contracts are deemed terminated.

With ÇET Yapı

ÇET Yapı works with owners to run meetings properly, prepare a transparent sharing offer and manage the contract process. Fill in our pre-application form or read the full process guide.

This article is general information; consult a lawyer about share sales and disputes.

Frequently Asked Questions

How many owners must agree?

Land shares count, not people or flats. Decisions are taken by owners holding a simple majority (more than half) of the land shares of the parcel.

Does the two-thirds rule still apply?

No. Law No. 7471 of 7 November 2023 replaced the two-thirds requirement with a simple majority by share.

How is a holdout owner's share sold?

The decision and offer are served on non-consenting owners with 15 days to accept. If they do not, the majority applies to the Provincial Directorate; a committee sets the fair value and the share is auctioned, first among consenting owners, at not less than fair value.

What does the owner whose share is sold receive?

The sale price, which cannot be below the fair value set by the committee. Mortgages or attachments on the share continue over the sale price.

Must the building be demolished first?

No. The regulation states that the share sale does not require the building to have been demolished.

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