RISKY STRUCTURE ASSESSMENT AND URBAN TRANSFORMATION PROCESS

The first and most critical stage of the urban transformation process is the risky structure assessment. This assessment ensures the determination of whether a building complies with earthquake regulations and structural safety standards. Especially for property owners living in regions with high earthquake risk such as Avcılar, Esenyurt, and Beylikdüzü, having a risky structure assessment conducted is of great importance both for life safety and for the proper progression of legal processes. At the same time, the urban transformation process to be managed by the condominium owners in order to ensure the renewal or reinforcement of their buildings within the scope of the urban transformation process will begin with the risky structure assessment.

🔹 What is a Risky Structure?

A risky structure refers to buildings that are determined through technical reports to be structurally resistant against earthquake effects in their current state, within the scope of Law No. 6306 on the Transformation of Areas Under Disaster Risk. This determination indicates that there is a serious risk of damage to the load-bearing system elements of the building (columns, beams, slabs, etc.) and a danger of collapse in the event of a potential earthquake. If a risky structure assessment is conducted, the relevant immovable property must be evacuated immediately, re-reinforced, or transformed in accordance with urban transformation legislation.

🔹 How is a Risky Structure Assessment Conducted?

Risky structure assessments can only be performed by institutions licensed by the Ministry of Environment, Urbanization and Climate Change or by authorized civil engineers. The process consists of the following stages:

1. Application:
   The building owners apply to the competent authority along with their title deed and identity documents. The application may be made with the approval of all owners or by a single owner. There is no special voting quorum required here. It can be made even by a single person's application.

2. On-Site Inspection and Core Sampling:
   An expert team inspects the building and takes core samples from designated points. These samples are sent to the laboratory to measure the concrete strength of the building. We must emphasize here that in structures with 8 floors or more, it is mandatory to take core samples from each floor. In structures with fewer than 8 floors, it is mandatory to take core samples from critical sections. In certain special cases, core samples may also be taken at the administration's discretion ex officio.

3. Soil and Load-Bearing System Analysis:
   The project of the building is examined; the reinforcement layout, soil properties, and the condition of the load-bearing elements are evaluated.
4. Laboratory Tests:
   Compressive strength tests are applied to the extracted core samples. The results reveal the current concrete quality of the building. It is stated whether the structure is risky or not.
5. Reporting:
   All data are technically evaluated, and a risky structure report is prepared indicating whether the building is risky or not. This report is uploaded electronically to the Ministry system.
6. Ministry Approval:
   The prepared report is examined by the Provincial Directorate of Environment, Urbanization, and Climate Change. If found appropriate, the structure is registered as a "risky structure" and an annotation to this effect is entered in the land registry.

 What Happens After a Risky Structure Determination?

If a building is determined to be risky:

• Official notification is served to the property owners.
• Evacuation of the building is requested within a period of 60+30 days.
• If the owners wish, they may rebuild the building or participate in the urban transformation process.
• Within the scope of urban transformation, benefits such as rental assistance, relocation support, or low-interest loans are provided to the beneficiaries.

What is a Core Drill (Karot)?

Core drilling, is the process of extracting cylindrical samples from the reinforced concrete elements of a building (such as columns, beams, slabs) using a special core drilling machine . This sample is subsequently sent to a laboratory for compressive strength testing applies. The resulting outcome reveals the quality and durability of the concrete in the building.

🔹 Purpose of Core Sampling

Core testing is specifically performed in the following cases:

• Identification of risky structures determining the structural integrity of the building beforehand,
• Urban transformation identifying the existing concrete quality in structures entering the process,
• of the concrete used during the construction process its compliance with project standards to inspect,
• In older buildings, earthquake safety to conduct a current status analysis in terms of.

🔹 How is a Core Sample Taken?

During core sampling, a special core drilling machine is used. This machine rotates while being cooled with water and extracts a cylindrical sample from the reinforced concrete structure. This sample is tested in a laboratory environment in accordance with the TS EN 12504-1 standard.

🔹 What Do Core Test Results Mean?

As a result of the compressive strength testing conducted in the laboratory, the compressive strength class of the concrete is determined (e.g., C20, C25, C30). If the resulting value is below the minimum threshold specified in the regulations, the building risky building may be evaluated as. In this case urban transformation process can be initiated.

🔹 Why is Core Sampling Legally Important?

The core test is Avcılar risky structure assessment and Avcılar urban transformation an official document in proceedings. The accurate execution of this test can be decisive regarding a demolition or reinforcement decision for the building. Since incorrect or unlawful core sampling may lead to a loss of rights for property owners, the process must be conducted by experts.

🔹 Risky Building Assessment in Avcılar

Avcılar district of Istanbul is one of the priority regions for urban transformation due to its soil structure and existing building stock. Property owners who wish to have a risky structure assessment conducted in Avcılar are advised to work with institutions approved by the Ministry and to manage the process through an urban transformation lawyer. This is because incorrectly or incompletely conducted assessments may lead to serious losses of rights in subsequent stages.

Objection to the Risky Building Decision

During the urban transformation process, a building being designated as risky building gives rise to significant legal consequences for the property owners. However, not every assessment may be conducted accurately or in compliance with procedural rules. Therefore, the right to object to the risky building decision holds great importance for property owners. Nevertheless, we must emphasize that due to the increasing earthquake disaster risk and the lack of preparedness of our province of Istanbul for earthquakes, certain legal regulations have been enacted to accelerate the urban transformation process. The joint objective here is the prompt implementation of urban transformation and the transformation of risky structures. For this reason, although the remedy of objecting to a risky building decision is available, objections to a structure designated as risky will be dismissed unless there is a manifest error in the report.

How to Object to a Risky Building Decision?

Objection to a risky building decisionis a process that must be carefully managed from both technical and legal perspectives. In order to ensure the rapid implementation of urban transformation, objections against risky structures—exclusively applicable within the province of Istanbul—shall be filed with the urban transformation Directorate of the district municipality. To give an example, the objection against the risky building decision rendered for a property located in Avcılar shall be filed with the Urban Transformation Directorate at Avcılar Municipality. However, for applications to be made in provinces outside Istanbul, objections shall be submitted to the provincial Directorate of urban transformation.

The stages are as follows:

1. Receipt of the Notification:
   After the risky building report is prepared, the decision is notified to all property owners via service of process. The limitation period for objection begins upon receipt of the notification.
2. 15-Day Period for Objection:
   Property owners may object within 15 days as of the date the decision is served upon them. If no application is made within this period, the decision becomes final.
3. Authority to File an Objection:
   Objections shall be filed with the Provincial Directorate of Environment, Urbanization and Climate Changein the province where the building is located. Technical documents, photographs, or independent engineering reports may also be submitted along with the petition of objection.
4. Review by the Technical Committee:
   The Provincial Directorate shall appoint a technical committee to evaluate the objection. This committee may conduct a new inspection or perform a detailed evaluation of the existing report.
5. Final Decision:
   The decision of the technical committee is final, and no further administrative appeal is available after this stage. However, in the event of a procedural error, incorrect determination, or incomplete examination filing a lawsuit in the administrative court it is possible.

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Urban Transformation Lawyer

Atty. Batın YILMAZ