Conclusion of a construction contract regarding risky building within the scope of Law nr. 6306

In practice, with the detection of a risky structure about a building, the Law No. 6306 on Transformation of Areas Under Disaster Risk finds an application area and the urban transformation process begins. The will of the Law No. 6306 is to build healthy and safe structures that are risk-free, in compliance with the norms and standards of the science and art, after the risky structure is demolished and the risk is eliminated. After the owners decide on the way to eliminate the risk in structure, it may be necessary to conclude a contract in order to implement this decision. It is possible for these contracts to be concluded with private law persons or the administration, but since the contracts concluded with the administration do not constitute the subject of our study, they are excluded from the scope. The demolition of the risky building and the construction of the non-risky structure in its place is generally carried out by concluding a contract between the contractors and the owners of the risky building. The subject of this study is; the construction contracts in accordance with the Law No. 6306 on the Transformation of Areas Under Disaster Risk, that involve the demolition of a risk-free structure and the following construction of a risk-free structure. Our study consists of three parts in total, and in the first part, the purpose and scope of the Law No. 6306, the concepts of risky area and risky structure are discussed in general together with emphasizing the possible decisions that can be taken about the risky structure and the decision-making procedure. In the second part, the legal consequences of the risky structure detection, the principles to be followed in the decisions taken and the contracts concluded are examined. After drawing a general framework for the urban transformation process in the first and second parts, the third part continues with the construction contract, which is about demolishing and rebuilding the risky structure, the construction contract in return for the land share and the revenue sharing construction contract are discussed. Construction contract in return for land share, which can be concluded in accordance with the sixth article of Law No. 6306 which is frequently encountered in practice; The definition of the contract, its elements, forms of arrangement, establishment and validity, form and content, legal nature, preparation, interpretation, completion and adaptation of the contract are examined. In the conclusion, the issues examined within the scope of this study and the evaluations made were compiled in general.