Protect Your Rights in Urban Transformation: Rights of Non-Participating Flat Owners
Although urban transformation is an important tool for the renewal and modernization of cities, in some cases it can also harm the rights of flat owners. In this article, we will discuss in detail the rights of flat owners who do not participate in the urban transformation decision.
1. Right to Object to Decision:
Flat owners can object to the urban transformation decision by filing an administrative lawsuit within 60 days. The petition must clearly state the illegality of the decision and how it harms the rights of the flat owners.
2. Right to Compromise:
Flat owners can request reconciliation by applying to the Ministry of Environment, Urbanization and Climate Change. The conciliation commission acts as a mediator between the flat owners and the contractor.
3. Right to Object to the Sale of Shares:
When a decision is made to sell land shares within the scope of urban transformation, flat owners can also object to this decision. Objection may be based on reasons such as low sales price or irregular sales transaction.
4. Right to Compensation:
If it is determined that the urban transformation decision is against the law and violates the rights of the flat owners, the flat owners may demand compensation. Compensation may include items such as loss of value of the real estate, loss of rental income and non-pecuniary damages.
5. Right to Legal Consultancy:
Urban transformation is a complex legal process. Therefore, it is recommended that flat owners seek legal advice from a lawyer to protect their rights.
What Should Non-Participating Flat Owners Do?
• They must document in writing their reasons for disagreeing with the decision.
• They must not miss the 60-day period to appeal the decision.
• They may try to find a solution through compromise.
• They can exercise their right to object to the sale of shares.
• They may claim compensation in case of unlawfulness and loss of rights.
• It is recommended that they seek legal advice from a lawyer to protect their rights.
In order to avoid loss of rights in urban transformation, it is important for flat owners to be conscious and use their legal rights proactively.