The Demolition Process of Risky Buildings in the Urban Transformation Process

The topic of "The Demolition Process of Risky Buildings in Urban Transformation" is a multi-layered journey beginning with the identification of risky buildings, continuing with bureaucratic approvals, annotations in the land registry, and legal agreements. However, the most critical, painful, and at the same time irreversible stage of the process, where all these theoretical and legal preparations become reality in the concrete world, is the "demolition process." Demolition is not just a technical engineering activity in urban transformation; it is also a complex socio-legal phenomenon that directly affects property rights, social life, neighborhood relations, and the right to housing.

Under Law No. 6306 on the Transformation of Areas Under Disaster Risk, the demolition of a risky building is not an arbitrary urban development activity or a simple construction process left to the initiative of the property owner. This stage is an administrative process that closely concerns public order, is endowed with mandatory deadlines by law, and if complied with, law enforcement agencies (police/municipal police) intervene and even criminal sanctions are applied.

This article examines all stages of demolition in the urban transformation process, from the evacuation of a building declared a "Risky Structure," to the disconnection of electricity, water, and natural gas, obtaining the demolition permit, the actual demolition methods, and the legal disputes that arise during this process, with academic depth but in a clear language that allows every citizen to fully understand their rights.

1. Legal Basis of the Demolition Process: How Does a Demolition Order Become Final?

For a building to reach the demolition stage, it must first be legally declared a "Risky Building." The process begins with the approval of the Earthquake Risk Analysis Report, prepared by licensed organizations, by the Ministry of Environment, Urbanization and Climate Change, and the entry of a "Risky Building" annotation in the "declarations" section of the land registry.

After the annotation is processed in the land registry, official notification is sent to all apartment owners. of 15 days , the owners can appeal against the risky building assessment report to the Provincial Directorate.

• If no property owner objects within 15 days , the determination that the building is at risk becomes legally final, and the demolition process officially begins.

• If an objection is raised, it will be examined by independent technical committees established by the Ministry. If the objection is rejected, the determination becomes final and the demolition phase begins.

Once a legally confirmed risk assessment of a building has been established, the legal timeline for both the administration and the property owners begins. From this point onwards, the law prioritizes the principle of "public safety" over property rights, setting very strict deadlines.

2. Initial Legal Period: 60-Day Eviction and Demolition Notice

Once a building is definitively identified as risky, the relevant municipality (or the Ministry/Provincial Directorate if authority has been delegated) will give all owners, tenants, and holders of limited real rights (and usufruct holders, if any) at least 60 days .

Nature and Recipients of the Notification

This notification is not an ordinary informational letter. From a legal standpoint, it constitutes an "order with administrative sanctions." The notification is sent not only to apartment owners but also separately to tenants residing in the building. The legislator has mandated that tenants also be informed of this period to prevent them from experiencing sudden hardship.

Things to do within the 60-day period

During this period, the property owners are expected to meet amongst themselves to decide how and by whom the building will be demolished.

• Property owners may, by a two-thirds (2/3) majority (or a simple majority as provided by recent legal amendments) in accordance with Law No. 6306, sign a contract with a contracting firm and delegate the demolition work to that firm.

• Even if property owners cannot reach an agreement with a contractor, they are still obligated to vacate the building and carry out its demolition within the legal timeframe. The excuse of "we couldn't find a contractor" does not stop the legal timeframe from running.

3. Additional Time: Final 30-Day Warning

In practice, it may not always be possible to completely evacuate and demolish buildings within the initial 60-day period. The process can be stalled due to tenants being unable to find new homes, disagreements between property owners, or financial difficulties. Anticipating these humanitarian and logistical challenges, the legislator has added a safety valve to the system: Extension of Time.

If the building has not been evacuated or demolished by the end of the first 60-day period, the administration (municipality) sends a second and final notice to the owners. This notice grants the owners of up to 30 days .

The message of this final 30-day warning is very clear: “If you do not vacate and demolish the building within this period, state power will intervene, your building will be forcibly evacuated, your electricity and water will be cut off, and the demolition will be carried out by the authorities, with the costs being collected from you with interest.”

4. Administrative Coercion: Interruption of Infrastructure Services and Forced Eviction

If the building is not vacated even after the extended deadline, the urban transformation enters its most dramatic phase, where administrative power is most clearly felt. This phase is not about forcibly removing people from their homes; it is a legal enforcement process implemented to prevent loss of life in a potential earthquake.

Suspension of Infrastructure Services

Once the legal deadlines expire, the relevant municipality sends official letters to the local electricity, water, and natural gas distribution companies (IGDAŞ, İSKİ, BEDAŞ, etc.). These companies then disconnect the building's external connections and seal the meters within a few days at the latest. The building's elevators are deactivated, and the central heating systems are shut off. The aim is to make the building uninhabitable, thereby accelerating the eviction process for the owners and tenants.

Forced Evacuation Accompanied by Law Enforcement

If residents refuse to leave the building or lock their doors and remain inside despite the قطع of infrastructure services, law enforcement (police and municipal police teams) will intervene upon the instruction of the district governor.

• The buildings are physically evacuated.

• Personal belongings left inside are documented by the administration and stored in secure storage facilities (these storage costs are also charged to the property owner).

• Once it is confirmed that no one is inside the building, the entrance doors are sealed and security tape is placed around the building.

5. Municipality Intervention and Demolition Carried Out by the Administration

Buildings that are not demolished by their owners within the total period of 90 days (60+30) stipulated by law will then be subject to demolition by the public authorities.

The municipality or ministry opens a demolition tender and has third parties (demolition companies) demolish the building. However, it is a great misconception to think that the state carries out this demolition "free of charge".

Passing Demolition Costs on to Property Owners

All costs associated with the demolition carried out by the administration (excavator rental, labor, debris removal fees, etc.) are recorded in the land registry "public lien" or "legal mortgage" .

• The demolition costs are collected from property owners in accordance with the provisions of Law No. 6183 on the Collection Procedure of Public Receivables, i.e., like tax debts, together with late payment penalties.

• State-sponsored demolitions are generally much more expensive than hiring private demolition companies due to administrative tender processes and public tariffs. Therefore, it is always much more economical for property owners to have their buildings demolished themselves.

6. Technical Phase: Demolition Permit and Safety Measures

The fact that a building has been evacuated does not automatically mean that construction machinery can immediately enter and begin demolition. Demolition is an engineering operation that is just as dangerous as construction, with a high potential for harm to the environment and human health. Therefore, obtaining a Demolition Permit before actual demolition is a legal requirement

Documents Required for Obtaining a Demolition Permit

The contractor or demolition company that will carry out the demolition must apply to the municipality and submit the following documents:

1. Eviction Certificate: Documents proving that no one lives in the building and that electricity, water, and natural gas subscriptions have been officially terminated.

2. Demolition Plan and Structural Report: A technical plan prepared by a civil engineer showing the method, sequence, and safety precautions required for the demolition of the building.

3. Asbestos Removal Report (Environmental Health): Asbestos, a carcinogenic substance, may have been used in insulation materials, pipes, or roofs, especially in older buildings. Licensed experts conduct an asbestos scan of the building. If asbestos is found, a demolition permit will not be issued until these materials are removed and packaged by teams wearing special protective clothing.

Environmental and Occupational Safety Measures

Once the demolition permit is approved, the following measures are taken at the construction site:

• Dust Screen and Tarpaulin: To prevent dust generated during demolition from damaging surrounding buildings and pedestrians, the building is surrounded by high scaffolding and special dust-proof tarpaulins.

• Continuous Watering: To prevent dust from rising during demolition, the building is continuously watered with high-pressure water tankers.

• Pedestrian and Traffic Safety: The street where the demolition will take place must be closed to pedestrian and vehicle traffic, safety barriers must be erected, and warning lights must be installed at night.

7. Technical Demolition Methods Applied at the Construction Site

Demolition operations are carried out using different engineering methods depending on the height of the building, the distance to surrounding structures, and the width of the street.

A. Demolition with Construction Machinery (Excavator/Scissor Method)

This is the most commonly used method in Türkiye. It involves tracked construction machinery (excavators) with high reach, equipped with hydraulic concrete breakers or rebar shears at their ends.

• Procedure: Demolition always begins at the top floor of the building and progresses downwards in stages. The building is never collapsed by cutting the columns from below; this leads to uncontrolled demolition and damage to surrounding buildings. As the concrete is broken, the reinforcing steel inside is separated using shears.

B. Reducing Floors with Hand Tools (Manual Demolition)

If the building to be demolished is built completely adjacent to sound buildings (i.e., with no gaps between them), using heavy machinery is very dangerous. It can cause the walls of the neighboring building to collapse or damage its load-bearing system.

• Procedure: In this scenario, workers use compressors, jackhammers, and hand tools to break down walls and floors section by section, starting from the top floor. Only after the critical limit in the adjacent building has been crossed and the building has been lowered to a safe height can heavy machinery be brought into play.

C. Demolition by Explosives (Dynamite Method)

It is used in the demolition of very tall skyscrapers or very large factory areas. In Türkiye, it is very rarely preferred in residential areas within cities due to the density of surrounding buildings. It requires extremely precise seismic calculations and knowledge of explosives engineering.

8. Post-Demolition Process: Debris Management and Site Stage

After the demolition process is complete, thousands of tons of concrete, iron, wood, and plastic waste are generated. This stage is called "excavation and debris management."

• Iron Separation and Recycling: The most important source of income for demolition companies is the scrap iron from demolished buildings. Construction machinery separates the iron from the rubble piles using magnets or manually. This iron is sold to recycling facilities. In fact, property owners often make "free demolition in exchange for scrap iron" agreements with demolition companies.

• Removal of Excavated Material: The remaining concrete and rubble piles are transported by trucks to licensed excavation disposal sites designated by the municipality. Dumping rubble randomly in vacant lots or forested areas is subject to very heavy fines under environmental laws.

• Transition to Land Status: After the rubble is completely cleared and the ground is leveled, municipal technical teams will arrive at the site to conduct an inspection. Once it is confirmed that the building has been completely demolished, notification is sent to the land registry office. The "Risky Building" annotation in the land registry is cancelled, and the property type is changed from "Masonry Apartment Building" "Land" .

9. Legal Problems Encountered During the Demolition Process and Their Solutions

The demolition process, being the stage where property rights are most severely restricted, gives rise to numerous legal disputes.

Can a stay of execution order be obtained?

One of the most frequently asked questions is whether lawsuits filed against the identification of risky buildings will stop the demolition.

• According to the clear provisions of Law No. 6306, annulment lawsuits filed in administrative courts do not automatically halt the demolition process.

• To halt the demolition, a clear and reasoned "Stay of Execution" order must be obtained from the court. Courts generally do not readily issue stay of execution orders unless they determine that irreparable harm will occur (such as the wrongful demolition of the building) and that the administrative action is clearly unlawful.

The Status of Tenants and Holders of Limited Real Rights

Tenants, as they do not own the property, do not have the right to directly appeal the demolition order. However, they can file a lawsuit on the grounds of irregularity of the administrative process if they do not receive legal notification within the eviction period. Furthermore, the state protects the right to housing by providing social support to tenants forced to vacate risky buildings, such as relocation assistance (one-time payment) and temporary rent assistance.

Conclusion: A Bridge from the Rubble to a Safe Future

The demolition process of risky buildings in urban transformation, while at first glance appearing as merely a physical demolition consisting of dust, noise, construction machinery, and piles of concrete, actually involves a very delicately functioning legal mechanism. Every step, from the 60+30 day legal deadlines to the disconnection of infrastructure, asbestos removal, and the protection of the structural safety of neighboring buildings, is under the joint supervision of administrative law and engineering science.

While demolition may be perceived as the painful end of a building's life, in a country located in an earthquake zone, it is actually the most concrete step towards a safe, planned, and modern future. In this process, property owners knowing their rights, not missing legal deadlines, and managing the demolition process themselves through professional engineering firms, rather than relying on pressure from the authorities, will both prevent financial losses and accelerate the process of acquiring new, earthquake-resistant homes. Every plot of land cleared of debris represents a clean and safe new page opening up to the city's future.