Can an Owner Refuse to Sign a Reconstruction Agreement in Turkey? (2026 Updated Guide)

Can a property owner refuse to sign a reconstruction agreement during urban transformation in Turkey? Learn about the simple-majority rule, dissenting owner rights, notice procedures, compulsory share sales and legal remedies in 2026.

Yes. A property owner can refuse to sign a proposed reconstruction agreement. Other owners, the building manager or a contractor cannot simply compel an owner to place a signature on a private redevelopment contract.

However, refusing to sign does not necessarily stop the reconstruction project.

This is the most important distinction for property owners involved in urban transformation.

Under the current framework applicable to risky buildings, if all owners cannot reach unanimous agreement concerning the new development, the relevant decision may be taken by owners representing the simple majority according to their registered ownership shares. An owner who does not participate in that decision can then become subject to the statutory dissenting-owner procedure.

If the dissenting owner does not accept the majority-approved arrangement following the prescribed notification procedure, the owner’s land share can ultimately become subject to a statutory auction.

Therefore, the practical question is not simply:

“Can I refuse to sign?”

The more important question is:

“What happens to my ownership rights after I refuse?”

For foreign property owners, Lawyer Fırat Fesih Kaya recommends reviewing the entire reconstruction agreement and the statutory majority procedure before deciding whether to sign or remain outside the majority arrangement.

Does Every Owner Have to Sign the Reconstruction Agreement?

No.

Unanimity is not always necessary for relevant redevelopment decisions involving a risky building.

Current official guidance provides that if unanimous agreement cannot be achieved, decisions concerning the new development may be taken by the simple majority of owners according to their ownership shares. The same statutory majority can support specified implementation measures required for demolition, construction and related permit procedures.

This means that one dissenting owner does not necessarily have an unlimited veto over the reconstruction project.

An owner can refuse to sign, but that refusal must be considered together with the consequences established by the urban transformation legislation.

What Majority Is Required for Reconstruction?

The current rule is based on ownership shares, not simply the number of apartments or the number of individual owners.

Current official guidance expressly provides that the relevant meeting is held with owners representing at least the simple majority according to their shares and that the relevant decision is likewise taken with at least the required simple majority.

Suppose a building contains ten apartments.

Six owners support the reconstruction agreement and four owners oppose it.

You cannot automatically conclude that the six supporting owners have the required majority.

Their registered ownership shares must be calculated.

If the six owners collectively do not hold the required ownership-share majority, their numerical majority alone is insufficient.

Conversely, fewer individual owners may hold more than half of the registered ownership shares.

Is the Old Two-Thirds Majority Rule Still Applicable?

Owners should be careful when reading older information concerning urban transformation.

Current official materials explain that the former two-thirds framework was replaced for the relevant decisions by the simple-majority system based on ownership shares. The current statutory text likewise refers to decisions taken by the simple majority of shareholders according to their shares.

Accordingly, a property owner involved in a 2026 project should not rely on an old article stating that nothing can happen unless two-thirds of the owners agree.

The current legal framework and the particular redevelopment procedure should be examined.

Can the Contractor Force an Owner to Sign?

No contractor should be treated as having governmental authority to compel an owner’s signature.

A contractor may negotiate with owners, present a redevelopment proposal and enter into agreements with owners who accept the project.

But the legal consequences for a dissenting owner arise from the statutory urban transformation procedure, not merely because a contractor says:

“Everyone else signed, so you have to sign too.”

The contractor’s statement should never substitute for reviewing the ownership shares, majority decision, meeting records, notification documents and proposed agreement.

Can the Other Owners Force You to Sign?

The other owners cannot physically or legally manufacture your consent to a private agreement.

Instead, the legislation provides a mechanism that allows a valid majority-supported project to proceed despite disagreement.

Where the required majority has been properly established and a dissenting owner does not join the majority arrangement following the prescribed procedure, the dissenting owner’s land share can become subject to the statutory sale mechanism.

Therefore, the majority does not necessarily force your signature.

It can potentially create a situation in which refusing to join the agreement places your continued ownership share at risk.

Can the Reconstruction Decision Be Made Before Demolition?

Yes.

Owners do not necessarily have to wait until the risky building has physically been demolished.

Current official guidance provides that once the risky-building status has become final, one owner can request a meeting concerning the new development without requiring that the building first be demolished. The meeting is then conducted according to the applicable ownership-share majority requirements.

This is especially important for foreign owners living outside the country.

Do not assume:

“The old building is still standing, so no reconstruction agreement can have legal significance yet.”

Important redevelopment decisions may already be underway.

What Happens After the Majority Approves the Reconstruction Agreement?

If you do not join the majority-approved arrangement, the decision and agreement conditions must be communicated through the statutory procedure.

Current official guidance states that the majority decision and the offer containing the agreement terms, or information identifying where the offer can be examined, must be notified to owners who did not participate in the agreement.

The procedure may involve notification through a notary or announcement through the prescribed local mechanism for fifteen days. Electronic communication can also apply where the relevant electronic information has been registered with the title system.

This notification stage is critical because it connects the majority decision to the possible sale of the dissenting owner’s land share.

Do I Have 15 Days to Respond?

The current procedure includes a significant 15-day notification period.

Once the majority decision and agreement terms are properly communicated, a dissenting owner should immediately determine the legally relevant notification date and response deadline.

If the offer is not examined or accepted within the applicable procedure, the agreeing owners can proceed toward requesting the statutory sale of the dissenting owner’s land share.

A foreign owner should never calculate the deadline merely from the day on which a neighbor personally sent a message.

The official notification record should be obtained.

Can I Accept the Reconstruction Agreement With Conditions?

This is potentially dangerous.

Current official guidance provides that an owner wishing to demonstrate agreement must sign the contract prepared in accordance with the majority decision and the documents signed by the majority owners without conditions or reservations within the prescribed period.

For example, an owner should not automatically assume that the following response constitutes acceptance:

“I accept the contractor, but only if I receive another apartment.”

Similarly:

“I agree to reconstruction, but I refuse the additional payment.”

may not necessarily constitute acceptance of the majority-approved arrangement.

Material objections should ideally be negotiated before the process reaches the statutory dissenting-owner stage.

What Happens If I Simply Refuse and Do Nothing?

Doing nothing can create substantial risk.

If a valid majority decision exists, the notification requirements have been satisfied and the dissenting owner does not join the agreement, the majority owners may request the statutory sale of the dissenting owner’s land share.

Silence therefore does not necessarily protect ownership.

This is particularly important for foreign owners who live abroad and may not actively monitor the property.

Ignoring communications concerning the reconstruction agreement can allow the procedure to advance without the owner actively protecting the property interest.

Can My Land Share Be Sold Because I Refuse to Sign?

Yes, if the statutory requirements are satisfied.

Current official guidance states that the land shares of owners who do not participate in the valid simple-majority decision may be sold through an auction procedure. The sale process is conducted under the relevant provisions of the urban transformation legislation.

This is the principal legal risk of refusing to join a valid reconstruction arrangement.

However, refusal does not mean the property disappears immediately.

The statutory notification, sale request, valuation, auction and registration stages must still be followed.

Does Refusing to Sign Mean I Immediately Lose My Property?

No.

Refusal itself does not immediately transfer ownership.

There must first be a valid majority decision and the applicable statutory procedures must be followed.

The dissenting owner must be notified.

The relevant response period must run.

A sale request must be submitted.

The competent authority must review the procedure.

The share must be valued.

The auction must take place.

Only after the sale and registration procedures are completed does ownership pass to the purchaser.

Therefore:

Refusing to sign is not the same as immediately losing your property.

But refusing and then ignoring the statutory process can ultimately result in loss of the ownership share through sale.

Can the Majority Choose the Price of My Share?

No.

The majority owners do not simply decide among themselves how much the dissenting owner’s share is worth.

Current official guidance provides for a formal valuation procedure. A Valuation Commission and a Sale Commission are established within the competent authority for the relevant share-sale proceedings.

A dissenting owner should therefore obtain and examine the valuation documentation if the process reaches this stage.

If the owner believes the valuation is based on incorrect information or contains a significant procedural defect, the issue should be investigated before the sale is completed.

Who Can Buy My Share?

The first auction is restricted.

Current official guidance states that persons outside the owners who formed the majority agreement cannot participate in the first sale.

If the share cannot be sold during the initial procedure, subsequent sales may involve the agreeing owners and, under the applicable conditions, qualifying third parties that accept the majority decision and the contractual framework.

Third parties participating at the later stage must satisfy specific requirements, including written acceptance of the majority decision and relevant documents and the applicable security requirement.

Can the Contractor Buy My Share?

Potentially, depending on the sale stage and whether the statutory requirements for third-party participation are satisfied.

However, a contractor does not automatically have the right to purchase a dissenting owner’s share immediately after that owner refuses to sign.

The statutory auction procedure must be followed.

A contractor who tells an owner:

“If you do not sign today, I will own your apartment tomorrow.”

is not accurately describing the full legal process.

Can I Refuse Because the Contractor Agreement Is Unfair?

You can refuse to sign an agreement that you do not accept.

But if the required majority has validly approved the agreement, you must separately consider the statutory consequences of remaining outside that arrangement.

The better strategy is to identify the specific provisions creating the problem.

For example:

What replacement apartment will you receive?

What is its net and gross area?

Which floor will it be on?

What is its orientation?

Will parking or storage be included?

Will you have to make an additional payment?

How much temporary rent will be paid?

When must construction be completed?

What happens if construction is delayed?

What guarantees does the contractor provide?

When are land shares transferred?

What happens if the contractor becomes insolvent?

A specific contractual objection can be assessed much more effectively than simply saying:

“I do not want to sign.”

What If the New Apartment Is Smaller?

This should be examined before the reconstruction agreement is signed.

The agreement should identify the future independent unit as precisely as possible.

Important matters include net area, gross area, floor, orientation, balcony, parking, storage, technical specifications and future ownership share.

If the replacement apartment is materially different from the existing property, the owner should understand the economic consequences before joining the majority agreement.

Do not rely solely on architectural illustrations or verbal promises.

What If I Am Asked to Pay Additional Money?

Additional owner contributions can become one of the most significant sources of redevelopment disputes.

The agreement should clearly identify the contribution amount or provide an objective method for calculating it.

Payment dates should be stated.

Consequences of late payment should be clear.

The contractor should not be given unrestricted authority to demand undefined additional amounts during construction.

An owner facing pressure to sign should calculate the entire financial obligation before making a decision.

What If I Agree With Reconstruction but Disagree With the Contractor?

This situation is common.

An owner may support demolition and reconstruction but oppose the particular contractor selected by the majority.

The owner may be concerned about financial capacity, previous projects, construction quality, insufficient guarantees or an unfavorable contract.

However, merely stating that you support reconstruction in principle does not necessarily mean that you have joined the specific majority-approved arrangement.

The actual contractor agreement and statutory procedure matter.

What If I Disagree With the Replacement Apartment?

Again, distinguish between disagreement with urban transformation itself and disagreement with the commercial allocation.

You may support the project but believe that your replacement apartment is unfairly located, smaller or economically inferior.

Obtain the complete allocation schedule.

Compare your existing unit with the proposed replacement unit.

Preserve photographs, plans and title information concerning the existing property before demolition.

Once the old building disappears, proving its characteristics may become more difficult.

What If the Majority Calculation Is Wrong?

This can be a fundamental issue.

Because the statutory threshold is based on registered ownership shares, the majority calculation should be independently verified.

Possible problems include incorrect land-share figures, outdated title information, unresolved inheritance, ownership transfers that were not considered or simple mathematical errors.

Official guidance confirms that the required majority is calculated according to the owners’ shares rather than the number of independent units.

Do not accept a contractor spreadsheet as conclusive evidence.

Check the title records.

What If I Was Not Invited to the Owner Meeting?

The meeting procedure should be reviewed carefully.

Current official materials confirm that a formal meeting requirement applies to decisions concerning new development replacing risky buildings. The purpose of the meeting procedure includes informing owners and enabling meaningful discussion before a majority decision is reached.

Procedural changes introduced in 2026 also added formal documentation including a Meeting Notification Form, a related notification record and a Meeting Information Note.

If an owner claims never to have been informed about the meeting, the current meeting-notification documents should therefore be examined.

What Changed in 2026?

Procedural requirements became even more important in 2026.

The official announcement concerning the amendment published on February 4, 2026 confirms the introduction of additional documents, including the Meeting Notification Form, the related meeting-notification record, the Meeting Information Note and a Resale Notification Form.

For owners involved in a 2026 reconstruction dispute, older forms and informal practices should not automatically be treated as sufficient.

The actual procedure should be checked against the current framework.

What If I Am a Foreign Property Owner?

Foreign ownership does not automatically exempt an owner from the majority rules applicable to the redevelopment process.

If you own a registered share in a risky building, the project can continue while you are outside the country.

This creates a particular practical risk.

The owner may not attend the meeting.

The majority may approve the reconstruction agreement.

The statutory notification procedure may begin.

The response period may expire.

The share-sale procedure may then start.

Foreign owners should therefore establish a reliable system for monitoring the transformation process.

Can I Appoint Someone to Represent Me?

Yes.

A carefully drafted power of attorney can allow a representative to monitor the file, attend meetings and take specified actions on behalf of an owner living abroad.

However, the scope should be carefully controlled.

Authority to attend meetings should not automatically mean unlimited authority to sell the property, transfer title, mortgage the property, accept additional financial obligations, waive claims or sign any contractor agreement.

The document should reflect the owner’s actual instructions.

Can I Challenge an Invalid Majority Decision?

Potentially, yes.

The majority rule does not mean that every document described as a “majority decision” is automatically valid.

Possible disputes can involve the majority calculation, ownership records, meeting procedure, meeting notification, content of the decision, notification to dissenting owners or subsequent share-sale procedure.

The appropriate legal remedy depends on the specific act and the stage reached.

An owner should therefore obtain the complete file and identify the precise alleged defect.

Can I Challenge the Sale of My Share?

Potentially, depending on the alleged irregularity and the stage of the procedure.

A dissenting owner should obtain the majority decision, meeting records, notification documents, contractor agreement, valuation documentation and auction records.

The sale date and place must also be communicated through the prescribed procedure. Current official guidance describes electronic and local announcement mechanisms for this stage and provides rules governing when notification is deemed completed.

Timing is extremely important.

Waiting until the share has already been sold and registered can substantially complicate the owner’s position.

Does Filing a Lawsuit Automatically Stop the Share Sale?

An owner should not assume that merely filing proceedings automatically prevents the next administrative step.

The availability of interim judicial protection and its requirements should be evaluated separately where an auction or registration is imminent.

The distinction between having a pending lawsuit and having an effective judicial order preventing implementation can become critical.

Should I Sign Because I Am Afraid of Losing My Share?

Fear of the statutory sale procedure should not lead to blind acceptance of a dangerous reconstruction agreement.

At the same time, refusing without understanding the consequences is equally risky.

The correct approach is to review the entire legal and commercial position quickly.

Verify the majority.

Review the meeting.

Check the notification.

Examine the contractor.

Identify the replacement apartment.

Calculate additional payments.

Review temporary rent.

Check the completion deadline.

Analyze guarantees.

Review title-transfer provisions.

Understand the share-sale consequences.

Then make an informed decision.

Be Careful With Land-Share Transfers to the Contractor

Some reconstruction agreements require owners to transfer valuable property interests to the contractor during the project.

The timing of those transfers can dramatically affect owner security.

An uncontrolled upfront transfer can leave owners exposed if the contractor becomes insolvent or abandons construction.

Where appropriate, staged transfers linked to construction progress and adequate security should be considered.

The fact that a majority of owners accepted an arrangement does not automatically make every title-transfer provision safe.

What Happens If the Contractor Fails After Everyone Signs?

Contractor failure can create major financial consequences.

Current official materials also recognize circumstances in which majority-based decisions remain relevant to disputes concerning existing construction agreements and their termination.

The reconstruction agreement should therefore regulate delay, abandonment, insolvency, termination, guarantees and the appointment of a replacement contractor.

The best time to address contractor failure is before signing, not after construction stops.

What Documents Should You Obtain Before Refusing to Sign?

Before making a final decision, obtain the updated title record, ownership-share information, risky-building documents, meeting notification, meeting minutes, majority calculation, reconstruction agreement, replacement-unit schedule, technical specifications, contractor proposal and any documentation concerning additional owner payments.

If the dissenting-owner process has already begun, also obtain the formal majority-decision notice.

If a sale request has already been submitted, obtain the valuation and auction documents immediately.

A decision to sign or refuse should be based on the complete file.

What If My Share Is Already Being Sold?

Treat the situation as urgent.

Determine whether the required majority existed.

Check whether the meeting procedure complied with the current rules.

Confirm whether the majority decision and agreement conditions were properly communicated.

Establish the legally relevant notification date.

Review the valuation.

Confirm the auction date.

Determine whether the statutory sale requirements have been followed.

Once the share has been sold and title registration completed, protecting the former owner’s position can become significantly more complicated.

2026 Practical Legal Strategy

The first priority is understand that you can refuse to sign, but refusal does not automatically stop reconstruction. The current framework allows relevant redevelopment decisions to be taken by the simple majority according to registered ownership shares.

The second priority is verify the majority independently. The calculation is based on ownership shares rather than merely counting apartments or individual owners.

The third priority is obtain the entire reconstruction agreement before deciding. Do not evaluate only the contractor’s summary.

The fourth priority is check the meeting procedure, particularly under the updated 2026 framework.

The fifth priority is identify the statutory notification date and response period. Ignoring the majority-approved offer can lead to the dissenting-share sale procedure.

The sixth priority is review the replacement apartment and all financial obligations before joining the agreement.

The seventh priority is investigate the contractor’s financial and technical capacity and examine the security provided for completion.

The eighth priority is avoid uncontrolled title transfers that could expose your ownership rights if construction fails.

The ninth priority is act immediately if the statutory share-sale procedure has begun. Obtain the valuation, auction and notification documents.

The tenth priority is actively monitor the process if you live abroad rather than assuming that no decision can be made without your personal presence.

The central principle is:

A property owner can refuse to sign a reconstruction agreement, but that refusal does not necessarily create a veto over a valid urban transformation project. If the required simple majority approves the redevelopment and the statutory notification requirements are satisfied, an owner who continues to remain outside the agreement may ultimately face the regulated sale of the owner’s land share.

Frequently Asked Questions

1. Can I legally refuse to sign a reconstruction agreement?

Yes. You cannot simply be compelled to personally sign a private reconstruction agreement. However, refusing to sign can trigger significant consequences if a valid statutory majority has approved the project.

2. Does the project stop if I refuse?

Not necessarily. Relevant redevelopment decisions can proceed through the simple-majority framework where the statutory requirements are satisfied.

3. What majority is required?

The relevant majority is generally the simple majority calculated according to registered ownership shares, not simply the number of apartments or owners.

4. Can my share be sold if I do not sign?

Yes, where a valid majority decision exists and the required notification and subsequent statutory procedures are completed, a dissenting owner’s land share can become subject to auction.

5. Does refusing to sign immediately transfer my property?

No. A refusal alone does not transfer ownership. The statutory notification, valuation, auction and registration stages must be completed.

6. Can the contractor decide how much my share is worth?

No. The statutory sale procedure includes an official valuation mechanism conducted through the competent authority.

7. Can I accept the agreement with conditions?

This can be problematic. Current official guidance requires an owner demonstrating agreement in the dissenting-owner process to sign the majority-approved contract and relevant documents without conditions or reservations.

8. Can a foreign owner refuse to sign?

Yes, but foreign nationality does not automatically exempt the owner from the majority and dissenting-share procedures.

9. Can I challenge an invalid reconstruction decision?

Potentially, depending on the specific defect and procedural stage. The majority calculation, meeting, notification and any subsequent share-sale procedure should be examined.

10. What should I do before refusing?

Obtain the complete reconstruction agreement, verify the ownership-share majority, review the meeting and notification documents, examine the replacement apartment and additional payments, investigate the contractor, assess guarantees and title-transfer provisions, and understand the consequences of the dissenting-share sale procedure.

Protecting Your Rights Before Signing or Refusing a Reconstruction Agreement

A reconstruction agreement can determine what happens to a valuable property for years. Refusing to sign may be justified where the replacement apartment is inadequate, the contractor is financially weak, additional payments are unclear, guarantees are insufficient or the majority procedure is legally defective.

But refusing without monitoring the statutory process can also create serious consequences.

Foreign owners are particularly exposed when they live outside the country and discover that the majority decision, notification period or share-sale process has already advanced.

Fırat Fesih Kaya Law Office provides legal assistance to foreign property owners and investors involved in urban transformation and reconstruction disputes.

Lawyer Fırat Fesih Kaya assists foreign property owners with reviewing reconstruction agreements, ownership-share calculations, owner meetings, majority decisions, replacement-unit allocations, additional payment obligations, contractor guarantees, dissenting-owner notifications, statutory valuation and share-sale proceedings, and available remedies where the redevelopment process is allegedly unlawful.

Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr