Risky Building Determination and the Objection Process in Urban Transformation

This article is an English translation of the Turkish original published by the office.

Increasing migration from rural to urban areas, uncontrolled growth of urban populations, an insufficient building stock, deteriorating environmental conditions and buildings weakened by earthquakes have made urban transformation ever more important. Urban transformation renews and modernises the building stock, protects the environment and creates healthy living spaces for future generations. Determining whether a building is risky is a key step in ensuring earthquake resistance and safety. In this article we examine the risky building determination and the related objection process.

What is a risky building?

Article 2(1)(d) of Law No. 6306 on the Transformation of Areas under Disaster Risk defines a risky building as “a building, located within or outside a risky area, that has completed its economic life or that is determined, on the basis of scientific and technical data, to carry a risk of collapse or heavy damage”.

How a risky building is determined

Under Article 3(1) of Law No. 6306, the risky building determination should primarily be commissioned by the building owners or their legal representatives. The Presidency of Urban Transformation or administrations authorised under the Law may also initiate the process, and the Presidency may ask the authorised administrations to carry out the determination.

A determination by the owner or legal representative can occur in two ways. First, the owner may voluntarily apply to have the building assessed. Second, the owner may apply after the Presidency or the administration gives a deadline and asks for a determination. The application must be made to institutions licensed by the Presidency of Urban Transformation. In these cases the costs of the determination are borne by the owner or legal representative.

The Presidency or the administration may carry out the determination ex officio, or may give the owner a deadline and, if the request is not met, act itself.

Preparation of the report

Under Article 3(1), the report may be prepared by institutions licensed by the Presidency. Buildings must be assessed in accordance with the Principles for Determining Risky Buildings in Annex 2 of the Implementing Regulation and using the electronic software developed by the Presidency. The report must state clearly whether or not the building is under disaster risk.

Legal remedies against the report

Article 3(1) of Law No. 6306 provides that “owners or their legal representatives may object to risky building determinations within fifteen days”. This objection is optional. Objections are examined and decided by technical committees composed of four academics appointed by universities from the relevant disciplines and three officials of the Ministry/Presidency, at the Presidency’s request.

Under Article 6(9) of the Law, lawsuits against administrative acts taken under Law No. 6306 may be filed within thirty days of notification, in accordance with the Administrative Procedure Law. An annulment action may therefore be brought before the administrative courts against a risky building determination considered unlawful. Since the determination concerns immovable property, the competent court is the administrative court where the property is located.

Urban transformation must be followed carefully, and legal support should be obtained to avoid any loss of rights.

Türker Law Office provides legal representation and advice on risky building determinations under Law No. 6306, the review of risky building reports, objections and the technical committee process, and annulment actions against related administrative acts.