The sale of the land share of an owner who does not join an urban transformation decision does not depend merely on the majority collecting signatures. The meeting and decision process, the notification of the offer, the period given for acceptance, the market value and the auction procedure are reviewed together. An annulment action within 30 days from notification is, as a rule, filed against the administrative sale act under Law No. 6306. Filing a lawsuit does not stop the sale by itself; a stay of execution is requested where necessary.
In what situation can a land share be put up for sale?
Article 6 of Law No. 6306 provides that certain decisions concerning the transformation project may be taken by an absolute majority of the co-owners in proportion to their shares. The shares of those who do not join the decision may become the subject of a sale within the administrative process once the statutory conditions are completed. This mechanism is not the same as an action for the dissolution of ordinary co-ownership or the correction of the land share in condominium ownership.
Not every building renewal dispute enters this sale route directly. The status of the immovable under Law No. 6306 and the provision to be applied must be determined first. Merely being in an old building, or failing to agree with the contractor, does not by itself create authority for an administrative sale of a share. The place in the file of the risky building determination and the other underlying acts is examined.
Is the absolute majority calculated by the number of persons?
What matters is not the number of owners or apartments but the proportion of the shares. For example, the signatures of six out of ten owners are not enough on their own if the total of those six persons' shares does not exceed half. Conversely, if the total share of a smaller number of owners exceeds half, a numerical minority may not prevent a majority of shares. Information on inheritance, share transfers and powers of attorney should be compared with the current land registry record.
The two-thirds majority found in older decisions should not be confused with the current absolute majority rule. While the lawfulness of an older act is examined under the legislation in force on the date of the act, the text in force is the basis for a new application. For this reason, carrying the proportion in one example decision into every file may lead to a wrong result.
How does the February 4, 2026 amendment affect the meeting process?
Article 15 of the Implementing Regulation expressly provides that all owners must be invited to the meeting on parcels that contain a risky building. The invitation may be made at the request of one of the owners. The place and time of the meeting are notified by the neighborhood head's (muhtar) office or posting on the building as provided in the legislation, or through a notary. On the posting route, the 15-day posting and deemed-service rules matter.
This stage differs from the notification of the decision taken and the agreement offer to those who did not join the decision. The presence in the file of only the final offer notice does not by itself cure a failure to invite to the earlier meeting. The minutes of the meeting, the attendance list, the share calculation and the powers of representation should be examined together. A provision of the Regulation relating to a particular type of parcel should not be generalized without justification to practices in other areas.
When does the 15-day offer period begin?
The decision taken by absolute majority and the content of the agreement offer, or the place where it can be viewed, are duly notified to those who did not join the decision. The Regulation provides for electronic notification if an electronic notification address has been declared at the land registry, and for notarial or neighborhood head's office posting routes in other cases. For the offer to be considered, the contract and the relevant documents must be accessible.
The dates on which service is deemed made differ between electronic notification and posting by the neighborhood head's office. The rule of the end of the fifth day following the day electronic notice reaches the recipient and the rules on the last day of posting by the neighborhood head's office apply according to the procedure concerned. The 15 days given for accepting the offer is a separate period tied to the date of service or deemed service. The posting period and the acceptance period should not be calculated as a single 15-day period.
| Stage | Document to be investigated |
|---|---|
| Invitation to the meeting | Posting, minutes or notarial notice |
| Majority decision | Share list, signatures and powers of attorney |
| Agreement offer | Full text of the offer and access information |
| Acceptance period | Service record and the 15-day calculation |
| Sale and price | Commission decisions, valuation and auction minutes |
How is the market value reviewed?
The market value of the share is one of the most important substantive safeguards of the sale. Article 15/A of the Implementing Regulation regulates valuation, the sale commissions and the valuation documents. The sale cannot be made below the market value determined. Even so, if the report contains a wrong area, an outdated comparable, an unsuitable comparison or a disregard of planning rights, the price may be subject to judicial review.
The objection should not consist merely of saying "the price is low"
It should be explained to which date the report relates, whether the sales compared are in the same region and have the same use character, and whether the land share was calculated correctly. A listing price and an actual sale price are not the same data. The zoning status, access, location and legal restrictions of the immovable should be addressed in a manner consistent with the valuation method.
An independent expert opinion obtained by the owner does not bind the court-appointed expert; however, it helps to make the error concrete. Instead of merely attaching high-priced listings from the internet to the petition, the valuation assumption being objected to should be shown. A claim of incomplete examination is strengthened by a comparable document.
Who can take part in the auction?
In the first sale, the procedure aimed at the co-owners who reached an agreement applies. Later stages may differ between risky area or reserve building area and parcels with risky buildings outside them. On a risky building parcel, the participation of a third party depends on conditions such as accepting the agreement that has been made. The existence of a single buyer does not by itself invalidate the sale if the conditions in the legislation are met.
Notifying the owner of the sale day and informing the owner who did not join the decision of the offer are also not the same matter. Article 15/A of the Regulation separately provides that a failure of the notification made to the owner whose share is to be sold so that he or she may attend the auction, or the person's failure to attend, does not affect the validity of the sale. It therefore cannot be said that "every notification deficiency necessarily leads to annulment"; the stage to which the deficient notification belongs must be determined.
In which court, and against which act, is the lawsuit filed?
The administration's acts putting a share up for sale and its final acts concerning the sale are reviewed in the administrative courts. In a dispute concerning an immovable, the administrative court of the place where it is located is, as a rule, competent. The validity of the contract with the contractor, a private-law receivable or the correction of the land share may be subject to different rules of jurisdiction and procedure. All claims should not be gathered under a single heading of "objection to the sale."
The 30-day time to sue under Article 6/9 of Law No. 6306 is the basis. Which act was served, whether the determination of the price constitutes a separate final act, and when the sale decision was learned should be determined in the file. It should not be assumed that applying again to the administration will revive a period that has passed. Applications that affect the time should be made by assessing the İYUK provisions and the nature of the act together.
How can the sale be stopped?
A stay of execution may be requested together with the annulment action. The claim of manifest unlawfulness should be explained, for example, with the absence of a valid majority, the absence of meeting documents or a fundamental error in the valuation. For damage that would be difficult to remedy, the imminent sale date, the danger of the land registry transfer and the concrete loss of ownership are shown.
Filing an action for the dissolution of co-ownership, or sending a notice to the contractor, does not by itself stop an administrative sale under Law No. 6306. The relationship of the protection requested from the court with the putting up for sale, the auction and the later acts must be shown clearly. If a decision is obtained, it must be duly notified to the administration concerned and its implementation monitored.
Council of State decision: the stages before the sale are also reviewed
The decision of the Sixth Chamber of the Council of State (Danıştay 6. Dairesi) dated May 17, 2023, E.2022/5696, K.2023/4725 was published in issue 14 of 2023 of the official Council of State Decisions Journal (Danıştay Kararlar Dergisi). Although the court of first instance had relied on the low sale price, the Council of State found that, because of irregularities in the invitation to the meeting and the decision-making process, the sale stage could not be reached. It upheld the annulment result on this ground.
The practical importance of the decision is that it shows that the review is not limited to the appraisal figure alone. However, discussions of majority and representation in the period of an older act do not replace the current legislation. In a file built today, the 2026 meeting and notification rules must be examined separately. The decision does not mean that every meeting objection will be accepted or that the title will return in every price dispute.
Does the title necessarily return when an annulment decision is given?
The result varies according to the ground of annulment. Article 15/A of the Implementing Regulation provides a special rule for annulment of a sale on the ground that the market value was calculated too low: the buyer may be required to pay the former share owner the difference determined according to the court decision, together with statutory interest from the date of sale.
For this reason, an annulment decision given only on the price should not be presented as an automatic return of the title. Annulment of the sale for another unlawfulness, the existing registration, the position of third parties and the implementation of the decision are assessed separately. At the beginning of the action, whether the aim is the price difference or removal of the sale act should be clarified together with the legal grounds.
Conclusion
An effective objection to a land share sale requires examining the whole file from the meeting to the land registry stage. The share majority, notification, offer period, market value and auction conditions must be reviewed separately. A timely action and a concrete request for a stay of execution are important for obtaining protection before the effects on ownership materialize.
Related articles: Objection to a Reserve Building Area Decision; Rejection or Cutting Off of Urban Transformation Rent Assistance
Frequently Asked Questions
If I do not sign the majority decision, is my share sold immediately?
No. The statutory status, a valid decision, notification of the offer, the acceptance period and completion of the sale procedure are required.
Can a sale be made before the building is demolished?
Under the conditions provided in the legislation, completion of the demolition is not required for the decision and sale process. The provision to which the file is subject is examined.
Can a sale be made below the market value?
The market value determined is the lower limit. If the market value itself is wrong, the valuation and the administrative act concerned may be taken to judicial review.
Does an annulment decision necessarily give back my former title?
No. In particular, for decisions based solely on the ground of an insufficient price, there is a special rule on payment of the difference and interest.