In urban transformation, the step that is hardest to reverse is the risky building determination becoming final. Once it is final, the eviction and demolition timetable starts to run, and negotiations among owners continue under the pressure of that timetable. For this reason, both the technical content of the report and the notification and objection procedure should be examined carefully at the start of the process.
What is a risky building?
Under Article 2 of Law No. 6306 on the Transformation of Areas under Disaster Risk, a risky building is a building, inside or outside a risky area, that has completed its economic life or is determined on the basis of scientific and technical data to be at risk of collapse or serious damage. In other words, a building does not have to be located in an area declared risky in order to be considered risky. A single apartment building may be designated a risky building following an inspection.
Who commissions the determination and how is it made?
The determination is commissioned by the owners or their legal representatives, at their own expense, from institutions licensed by the Ministry of Environment, Urbanisation and Climate Change. In practice, an application by one of the owners is accepted as sufficient; the approval of the other owners is not required. The Ministry may also ask the owners to have a determination made within a set period, or have it made itself.
The licensed institution surveys the building, takes concrete core samples, identifies the reinforcement and uses the data obtained to assess the building's earthquake performance according to the principles annexed to the Implementing Regulation. The report is reviewed by the Ministry's provincial directorate or, where authority has been delegated, by the relevant municipality. If the building is accepted as risky, the land registry is informed and a risky building annotation is entered in the declarations section of the land register.
How is the report notified to you?
Following the amendment made by Law No. 7471 (Official Gazette, 9 November 2023), notification of the risky building determination no longer depends on notices sent to each owner individually by post. The determination is deemed notified to the owners by the methods listed in the Law, such as posting it on the building, informing the neighbourhood headman's office, announcing it through e-Devlet (the e-Government portal) and publishing it on the relevant authority's website. Time limits run from the date these steps are completed.
The practical consequence of this change is that an owner living abroad or not living in the building may miss the objection period without ever receiving an envelope. Regularly checking the land register and e-Devlet for a risky building annotation reduces this risk.
Objection within fifteen days
Owners may object to the determination with the Ministry's provincial directorate, or the authority to which powers have been delegated, within fifteen days of notification. Objections are examined by technical boards set up by the Ministry and composed of university academics and Ministry staff. The board may decide on the file or, where necessary, carry out an on-site inspection. If the objection is upheld, the determination is set aside and the annotation in the land register is removed; if it is rejected, the determination becomes administratively final.
What is examined in an objection?
The technical board examines whether the report was prepared in accordance with scientific and technical principles. The objection should therefore go beyond a general statement that "our building is sound" and show the concrete shortcomings of the report. The main points raised in objections in practice are:
- Whether the number and location of the core samples comply with the principles in the regulation
- Whether reinforcement was identified in a sufficient number of structural elements
- Whether the number of floors, the load-bearing system and later additions were correctly reflected in the model
- Which data the ground information is based on
- Whether the report relates to the correct block, parcel and building
As these issues require civil engineering knowledge, it is often useful to support the objection with a technical assessment by an independent engineer.
Court action and time limit
An annulment action may be filed against the risky building determination and the technical board decision before the administrative court for the place where the building is located. For acts under Law No. 6306, the time limit is thirty days from notification (Art. 6). Although the Law provides separately for an objection, it is accepted that the objection is not a pre-condition for filing an action; even so, if an objection is to be made, how the thirty-day time limit will be calculated should be clarified from the outset.
For a time, the Law stated that no stay of execution could be ordered in these actions; this provision was annulled by the Constitutional Court. Today a stay of execution may be requested if the conditions in Article 27 of the Administrative Procedure Law are met together, namely that the act is clearly unlawful and that its implementation would cause damage that is difficult or impossible to remedy. Filing an action does not by itself stop eviction and demolition.
The eviction and demolition stage
Once the determination is final, the administration gives the owners a period to evict and demolish the building (Art. 5). Following the amendment made by Law No. 7471, this period may not exceed ninety days; the specific period is stated in the act notified to you. If demolition is not carried out within the period, eviction and demolition are carried out by the local civil authorities with the participation of the municipalities. The Law also allows, after consulting the right holders, electricity, water and natural gas not to be supplied to the risky building and existing supply to be stopped.
Tenants and other right holders
Tenants living in a risky building are also covered by the eviction. Law No. 6306 provides that, as well as evicted owners, tenants and holders of limited rights in rem may, under certain conditions, receive temporary housing or rent allowance. As the amount and application procedure are set by the Ministry, the current conditions should be obtained from the provincial directorate. On which independent unit in the new building limited rights in rem, such as a mortgage, and annotations in the land register will continue is also a matter to be followed separately during implementation.
Our support at this stage
We review the risky building report and notification procedures, prepare objections together with a technical assessment, and handle annulment actions against the technical board decision and the determination, including requests for a stay of execution. For the owners' decisions after the determination and the contract process with the contractor, see the Urban Transformation and Zoning Law page; for the support scheme in Istanbul, our article on the Yarısı Bizden campaign; and for problems caused by contractors, our article on owners' rights in urban transformation.
Main topics
- Applying for a risky building determination and choosing a licensed institution
- Risky building annotation in the land register and notification of the report
- Objection within 15 days and technical board review
- Annulment action against the determination and the technical board decision (Law No. 6306, Art. 6)
- The period given for eviction and demolition; cutting off utilities
- Position of tenants and holders of limited rights in rem
Frequently asked questions
Can I have a risky building determination made for our building even if the other owners do not want it?
In practice, an application by one of the owners is accepted as sufficient to have a determination made by an institution licensed by the Ministry. The cost of the determination is borne by the applicant. The implementation decision after the determination is taken by an absolute majority of the owners.
When does the time limit for objecting to a risky building report start?
The time limit for objection is fifteen days from notification. Since Law No. 7471, notification may be made by posting on the building, informing the neighbourhood headman's office, and announcement through e-Devlet and on the authority's website, so the period may start running even if no envelope reaches you.
What can I do if my objection is rejected?
An annulment action may be filed before the administrative court against the technical board decision and the determination within thirty days of notification. A stay of execution may also be requested in the action, but the conditions in the Administrative Procedure Law must be met together.
Will demolition stop if I file an action?
No. Filing an action does not by itself stop eviction and demolition. The process stops only if the court orders a stay of execution. It is therefore important to present the request for a stay of execution in the petition with reasons and supporting documents.
I am a tenant and my landlord has had the building declared risky. What happens now?
When a risky building is evicted, tenants also have to vacate. Law No. 6306 provides that tenants who meet the conditions may also receive rent allowance; the application should be made to the relevant provincial directorate or the competent municipality.
Legislation and sources
- Law No. 6306 on the Transformation of Areas under Disaster Risk (in Turkish)
- Implementing Regulation of Law No. 6306 (in Turkish)
- Administrative Procedure Law No. 2577 (in Turkish)
- Ministry of Environment, Urbanisation and Climate Change
- General Directorate of Land Registry and Cadastre
The information on this page is general and does not constitute legal advice. As legislation may change, the current rules must be assessed separately for your particular situation.