The Appeal Procedure and Action for Nullity Cases against Administrative Transactions Related to Implementation Areas of Code No. 6306


İstanbul Medipol Üniversitesi Hukuk Fakültesi Dergisi, vol.4, no.2, pp.19-42, 2017 (Peer-Reviewed Journal) identifier


The Law regarding the Transformation of Areas under Disaster Risk No. 6306, which was published in the Official Gazette dated 31.05.2012 and numbered 28309 regulates the implementation of Urban Transformation in Turkey. The cited law includes several procedural and rudimentary rules concerning the urban transformation and the implementation thereof, leads to several disputes. Nevertheless, most of the legal problems encountered in urban transformation practice arise from the determination of risky structures, risky areas, and reserve building areas. A special administrative appeal procedure concerning risky buildings has been foreseen by the Law No. 6306. Furthermore an administrative application procedure for the determination of the risky buildings is set forth by the Article 11 of the Administrative Proceedings Code no. 2577. However, no special objection procedure against the risky area decisions is envisaged and the administrative appeal procedure stipulated by article 11 of Administrative Proceedings Code is closed for such claims are urgent judicial procedure. In addition, it is possible to file an action for nullity before the Council of State and the Administrative Courts against these transactions. The nullity claims against these transactions present certain particularities. Within the context of this article, the aforementioned transactions are briefly mentioned and the appeal procedure and action for nullity cases against these transactions are examined.