Risk Assessment of Buildings and Legal Steps in Urban Transformation

In our country, which is located in an earthquake zone, urban transformation processes under Law No. 6306 are of great importance to protect the safety of life and property. The first and most critical step of this process is the Risky Structure Assessment phase.

How is a Risky Structure Assessment Conducted?

Risky structure assessment can be requested by only one of the property owners (apartment owners) or their legal representative through Licensed Engineering Firms or institutions authorized by the Ministry of Environment, Urbanization and Climate Change. A joint decision or majority of all flat owners is not required for the application.

Objection to the Assessment and Rights of Owners

The prepared risky structure report is notified to the Land Registry Directorate, and a “Risky Structure” annotation is written on the title deed register and notified to the owners. The legal rights of the owners proceed as follows from the date of notification:

• Objection Period: Owners can object to the report with technical grounds to the Infrastructure and Urban Transformation Directorate within 15 days from the date of notification.
• Evaluation of the Objection: Objections are examined by the Technical Committee consisting of university academics and experts within the Ministry. If the objection is rejected, the building definitely becomes a risky structure.
• Demolition Process: After the report is finalized, a period of at least 60 days is given to the owners by the administration to evacuate and demolish the building.

Decision Making and the 2/3 Majority Rule

After the demolition, the conditions of the new construction to be built on the land, the sharing model, and the selection of the contractor are decided by at least a 2/3 (two-thirds) majority of the flat owners. The shares of the 1/3 minority who do not participate in the decision or oppose it may be sold to other partners or contracted third parties by auction in accordance with the law.

To protect property rights, prevent unlawful demolitions, and prepare contractor agreements that will not lead to loss of rights, legal support should be obtained from the very beginning of the urban transformation process.