ELAZIG GUNISIGI NEWSPAPER –June 2012
LAW NO. 6306
Law No. 6306 on the Transformation of Areas Under Disaster Risk was published in the Official Gazette No. 28309 on May 31, 2012, and came into effect. With many questions still remaining, this law is now in force. Of course, migration will eventually improve things, and this first step, although late, is encouraging.
This law defines a "risky structure" as a building that, "either inside or outside a risky area, has completed its economic lifespan or is determined to be at risk of collapse or heavy damage based on scientific and technical data." According to estimates, this type of building constitutes at least 60% of the country's building stock. Unfortunately, the same risk applies to our province.
The law explains how risky structures will be identified: "The identification of risky structures will be carried out, at the expense of the property owners or their legal representatives, by institutions and organizations licensed by the Ministry, according to the procedures and principles set forth in the regulation to be prepared by the Ministry. The results will be reported to the Ministry or the Administration. The Ministry may request the identification of risky structures from the owners or legal representatives, giving them a set period. If not done within the period, the identification will be carried out by the Ministry or the Administration. The Ministry may also request the identification of risky structures in certain areas from the Administration, with a deadline. The identification of risky structures carried out by the Ministry or Administration can be appealed by the owners or their legal representatives within fifteen days. These appeals will be examined and decided by a technical committee composed of three members selected from faculty members with a background in civil engineering, geology, or geophysics, and two from the Ministry. The cost of the identification carried out by the Ministry or Administration will be reported to the relevant land registry office. The land registry office will ensure that the co-owners of the building are jointly responsible by registering a joint mortgage on the land share in the title deed and notifying the Ministry or Administration and the owners of the building."
It is clear that the regulation to be prepared by the Ministry is very important. It cannot be expected that such a large building stock will be transformed in a short period. Therefore, a prioritization of tasks must be made. The law provides the main framework, but many questions still loom large in front of us.
I have repeatedly stated this issue. First, the earthquake resilience of our current building stock must be determined. Without knowing the general condition of all settlements, priority areas cannot be identified. Therefore, since we cannot transform the entire country into a construction zone at once, the process should begin with priority regions, neighborhoods, and even zoning parcels.
There is also confusion in the law regarding evacuation and demolition priorities. The law states the following:
"In the demolition of risky buildings and the implementation of procedures in these areas, as well as in risky areas and reserve construction areas, the priority is to reach an agreement with the property owners. For buildings evacuated through agreement, temporary housing or workplace allocation or rental assistance can be provided to the property owners, or to those who are tenants or have limited real rights in these buildings.
If necessary, persons using the risky building, who are not mentioned in the first paragraph, may also be subjected to the provisions of the first paragraph. The procedures and principles for the agreement with these individuals, as well as assistance and payment for demolition costs, will be determined by the Cabinet upon the Ministry’s proposal.
Before beginning the implementation, the property owners of the risky buildings will be given a period of no less than thirty days for demolition. If the property owner does not demolish the building within this period, a notice will be sent indicating that the demolition will be carried out by administrative authorities with an additional period. If the owners do not proceed with the demolition within the given period, the evacuation and demolition of these buildings, along with necessary assistance and credits, will be covered from the special account of the transformation projects, and local authorities will participate in carrying out or arranging the demolition."
Finding answers to the questions raised by this law is quite difficult. I hope that the regulations to be prepared are created by considering the opinions of relevant persons, institutions, and organizations. We know from past experiences that regulations prepared without input are subject to numerous revisions, leading to the inability to implement laws effectively.
Buildings with inadequate earthquake resilience are not just a problem for our country; they are practically an internal threat. Eliminating this threat will be a challenging and long-term process. Our hope is to live in a country and province where urban transformation projects are successfully implemented hand in hand.