Risky Building Assessment Process

This article, Law No. 6306 on the Transformation of Areas under Disaster Risk within the scope of risky structure assessment, objection, evacuation, demolition, and all stages of the new construction process urban transformation law has been prepared to explain in a legal and practical manner. The content is for informational purposes only.

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1. How to Apply for a Risky Building Assessment?

Of a structure risky building shall be determined upon the application of one of the property owners or their legal representative. The assessment procedure, with the expenses to be borne by the applicant, through institutions and organizations licensed by the Ministry of Environment, Urbanization and Climate Change is carried out.

Applications are submitted via the electronic system. If condominium ownership (kat mülkiyeti) or floor servitude (kat irtifakı) exists on the real estate where the structure is located, the property owner; in title deeds with land shares where no such rights in rem exist, the actual owner of the land share may apply. If the structure belongs to another party and this status is annotated in the land registry, the application shall be made by the beneficiary of the annotation.

The risky building assessment pursuant to Annex-2 of the Implementation Regulation of Law No. 6306 is carried out in accordance with the technical principles determined.

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2. Review of the Risky Building Report and Annotation on the Land Registry

The risky building assessment report prepared by the licensed institution shall be submitted to the relevant Directorate of Urban Transformation or, if authority has been delegated, to the municipality. The administration reviews the report in terms of technical and formal aspects. If any deficiencies or errors are detected, the report is returned to the relevant institution for correction.

If the report is found to be compliant, the title deed registration of the real estate where the structure is located "risky structure" annotation notification is made to the land registry office for its placement.

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3. Notification of the Risky Building Assessment to the Property Owners

The risky structure decision is announced to the owners and other right holders by means of a report posted on the structure, notification via e-Government, and publication at the relevant headman's office (muhtarlık) for a period of 15 days. Service of process shall be deemed to have been made as of the last day of the announcement made at the headman's office.

In addition, risky structures are also published on the administration's website.

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4. Right to Object to the Risky Building Assessment

Owners or their legal representatives may object to the risky structure assessment 15 days starting from the last day of the announcement at the headman's office. Objections are made with a written petition to the relevant Urban Transformation Directorate or municipality.

Objections are examined by an independent technical committee composed of faculty members working at universities and technical personnel within the Ministry and the Presidency. The examination is conducted without being limited to the grounds for objection, and the final decision is granted.

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5. Evacuation and Demolition Process of the Risky Building

In the event of failure to file an objection or the rejection of the objection, the risky structure decision becomes final. At this stage, a notification regarding evacuation and demolition is issued by the administration. The notification is carried out by posting it on the structure, notification via e-Government, and announcement at the neighborhood headman's office (muhtarlık).

Property owners are granted a period of up to 90 days to evacuate and demolish the structure. If the demolition is not carried out by the end of this period, electricity, water, and natural gas services are disconnected.

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6. Demolition of Risky Buildings by the Administration

For structures not demolished by the owners, the demolition process is carried out or caused to be carried out by the administration with the support of law enforcement provided by local administrative authorities. Demolition expenses are collected from the owners in proportion to their shares and these costs are pursued as public receivables Law No. 6183 pursuant to the provisions of.

In structures finalized as risky, reinforcement or demolition is mandatory and this regulation aims to ensure life safety.

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7. Agreement and Absolute Majority for the New Building

If decisions regarding new developments to be built in place of a risky structure cannot be made unanimously, they can be taken by an absolute majority based on land share of the property owners. In accordance with the decision taken by absolute majority, procedures such as demolition, building permits, unification (tevhit), and subdivision (ifraz) may be carried out.

The shares of the owners who do not participate in the decision shall be sold to other stakeholders via public auction procedure.

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8. Notification of the Adopted Resolution to the Owners

The decision taken by absolute majority and the terms of agreement shall be notified to the dissenting owners by being announced via a notary public or at the neighborhood headman's office (muhtarlık) for a period of 15 days . Electronic notification shall also be made to owners who have registered their electronic addresses with the Land Registry.

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9. Share Sale and Determination of the Fair Market Value

The shares of the owners who do not participate in the agreement shall be put up for sale over the fair market value determined by the Price Determination and Sales Commissions established by the administration. Sales procedures are conducted in accordance with the provisions of Law No. 6306 and related regulations.

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10. Execution of the Sale and Registration Proceedings

The sale date and location are announced to the owners via electronic notification, e-Government notification, and local neighborhood headman (muhtar) proclamation. Upon payment of the sales price, the title deed registration process is carried out, and the property is registered in the name of the new owner.

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11. Completion of the Construction Process with Full Consent

Upon the completion of share sales and the registration of the new owners in the title deed, the immovable property achieves full consent . Following this stage, the construction of the new structure continues without any legal impediments.

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Frequently Asked Questions (FAQ)

1. Is the approval of all property owners required for the designation of a risky structure?
No. The application of only one of the owners or their legal representative is sufficient.

2. Can demolition be carried out before the risky structure decision becomes final?
No. Demolition procedures cannot be carried out before the objection period expires or before the objection is resolved.

3. Does the process halt if an objection is filed against the risky structure designation?
In the event of an objection, the process is suspended until the final decision is rendered by the technical committee.

4. Can a risky structure be retrofitted/strengthened?
Retrofitting or demolition is mandatory for structures whose risky status has been finalized. However, demolition is predominantly preferred in practice.

Can the non-agreeing property owner be evicted from their home?
Yes. Once the legal process is completed, eviction and demolition procedures can be carried out by the administration.

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Common Mistakes in Practice

• Acceptance of the risky building assessment report without a technical audit
• Missing the objection deadline or failing to submit a petition in compliance with procedural rules
• Calculating the simple majority incorrectly
• Failure to properly notify the non-agreeing property owners
• Determining the fair market value incompletely or incorrectly during the share sale process
• Neglecting the notary notification and neighborhood headman (muhtar) posting stages

These errors may lead to the cancellation of the process or serious loss of rights.

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The Risky Structure Process from a Lawyer's Perspective

Urban transformation practices lie at the intersection of administrative law, real estate law, and zoning legislation; therefore, expert assistance in this field urban transformation lawyer is of great importance for the smooth progression of the procedure.

Risky structure and urban transformation processes are not only technical but also subject to intensive legal scrutiny as a whole of proceedings. Even the smallest procedural error made during the process may result in the suspension of demolition, cancellation of sales transactions, or the filing of a lawsuit against the administration.

Particularly the objection phase, the adoption of majority decisions, the share sale process, and eviction procedures are subject to administrative judicial review and require professional legal representation.

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Evaluation in Light of Council of State (Danıştay) Precedents

In the established jurisprudence of the Council of State (Danıştay);

• Proper notification in risky structure assessments is mandatory, and the right of property owners
• to object must be exercised effectively. itiraz hakkının etkin şekilde kullandırılması gerektiği,
• that the decisions taken by a simple majority must be clear, explicit, and documented, that
• in share sale transactions, the fair market value must be determined based on objective criteria is mandatory,
  is consistently emphasized.

It is observed in the precedents of the Council of State (Danıştay) that transactions contrary to these matters have been annulled . Therefore, it is of utmost importance that administrative actions are carried out in a manner resilient to judicial review.

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Why is Legal Support Important?

In risky building and transformation processes, urban transformation law an experienced attorney in the field

During the risky building and urban transformation process;

• To prevent loss of rights,
• To expedite the process,
• To prevent administrative actions from being subject to annulment,
• To ensure that evacuation, demolition, and share sale procedures are carried out in compliance with the law
  it is of utmost importance to obtain legal support from an expert attorney.

Since each specific case has its own unique circumstances, obtaining legal counsel from the very beginning of the process will prevent damages that are difficult to remedy in the future. In this regard, you may also read our https://batinyilmaz.av.tr/riskli-yapi-tespiti-ve-kentsel-donusum-sureci/ article shared on our website.

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Note: This article has been prepared for general informational purposes. It is recommended to obtain professional legal opinion for specific disputes.

Atty. Batın YILMAZ