Eviction Process in Urban Transformation

 This comprehensive legal guide covers the eviction process in urban transformation projects, including the finalization of the risky building designation, the 90-day eviction and demolition period, tenant and property rights, demolition permits, electricity, water, and gas cut-offs, rental assistance, and legal avenues.

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What is the Eviction Process in Urban Transformation?

In urban transformation, the eviction process, under Law No. 6306 on the Transformation of Areas Under Disaster Risk, is the process of evacuating buildings located within risky structures, risky areas, or reserve building areas and preparing them for safe demolition. This process is not limited to the classic eviction under rental law between the owner and the tenant. Once the determination of a risky structure is finalized, administrative authorities may request the evacuation and demolition of the building to ensure the safety of life and property.

Urban transformation projects involve numerous legal and practical elements, including eviction, property rights, housing rights, rental relationships, title deed procedures, administrative notifications, demolition permits, rental assistance, electricity, water, and natural gas subscriptions, and, if necessary, law enforcement support. Therefore, improper management of the eviction process can lead to significant losses of rights for property owners, tenants, and contractors alike.

In urban transformation, the fundamental starting point of the evacuation process is the identification of a risky building. A risky building report is prepared for a structure, this report is reviewed by the relevant administration, notified to the land registry and relevant parties, the objection process is completed, and if the report is finalized, the building is then considered a "risky building". If no objection is raised against the risky building identification, or if the objection is rejected, the directorate requests the administration to make the necessary notifications and demolish the risky building. This stage is clearly regulated in the current Implementation Regulation.

In urban transformation, the purpose of the evacuation process is not simply to empty the building. The main goal is to ensure that the building, which has been definitively deemed risky, is emptied in a way that does not endanger life, that preparations for demolition are completed, and that the transformation process proceeds in accordance with the law. Therefore, the evacuation process should be considered together with lawsuits, appeals, rental assistance, demolition permits, and property owner decisions.

Is evacuation mandatory before the building is deemed at risk?

In urban transformation projects, the most critical stage in initiating the eviction process is the finalization of the risky building assessment. However, the issuance of a risky building report alone does not guarantee final eviction in every case. The report must be reviewed by the relevant authority, notified to the owners and rights holders, the objection period must have expired, or any objection must have been rejected.

Property owners have the right to appeal against the determination that their building is at risk. It is not always accurate to say that the building has definitively reached the evacuation and demolition stage before the appeal process is completed or the appeal is rejected. However, property owners should carefully follow this process. Because if no appeal is filed or if the appeal is rejected, the determination of the building as risky becomes final, and the authorities begin the evacuation and demolition process.

This distinction is important in terms of the eviction process. Neither the owner nor the tenant is obligated to vacate the property based solely on the verbal statement of the building management or the contractor. Abstract statements such as "the building will undergo urban transformation," "an agreement has been reached with the contractor," or "it will be demolished soon" do not, by themselves, constitute an obligation to vacate under Law No. 6306. However, if the determination of a risky building has been finalized, eviction transcends the private law relationship and reaches administrative and public safety dimensions.

Therefore, property owners or tenants facing eviction requests should first investigate the existence of the following documents: a risk assessment report for the building, a record confirming the report's approval by the authorities, a title deed declaration, a notice posted on the building, an e-Government notification, a local administrative announcement, the outcome of an appeal, and eviction and demolition notices. Eviction pressures exerted without these documents may be legally questionable.

How to Give Eviction Notice?

The Implementing Regulation of Law No. 6306 specifically regulates the notification process regarding evacuation and demolition. According to the regulation, notifications regarding the evacuation and demolition of structures covered by the law are made by posting the relevant report on the building in the case of risky structures, notifying the owners via the e-Government Portal, and announcing it at the relevant mukhtar's office for fifteen days. The evacuation and demolition process is deemed to have been notified to the owners of real and personal rights on the last day of the announcement at the mukhtar's office. Furthermore, structures requested for evacuation are announced on the Presidency's website for fifteen days.

This arrangement represents a different notification system than traditional postal service. Therefore, property owners and tenants should not only wait for notifications via post. They should also follow up on notices posted at the building entrance, announcements from the local administrative office, e-Government notifications, presidential announcements, and administrative letters.

Proper notification of eviction is crucial. This is because the commencement of the eviction and demolition process, the rights holders' ability to file lawsuits and appeals, the rental assistance process, and demolition preparations are all linked to this notification. Failure to notify, notification to the wrong person, notification to a deceased owner, failure to inform heirs, or notification based on the wrong plot number or independent unit number can all lead to legal disputes in the future.

However, the allegation of irregular notification is not a reliable reason for rights holders to remain passive. Anyone who is actually aware of the risky building process should act immediately to avoid missing deadlines; they should obtain reports, announcements, and notification documents to assess their legal situation.

What is the time limit given for eviction in urban transformation projects?

According to the current Implementation Regulation, the administration grants a period of no more than ninety days for the demolition of a risky building. If the building is not evacuated and demolished within this period, the building owners are requested to evacuate and demolish the building, stating that the building will be evacuated and demolished by the administrative authorities.

This regulation is referred to in practice as the "90-day eviction and demolition period." However, this period is not only for tenants to move out. It is also important for property owners to vacate the building, cancel utility subscriptions, obtain a demolition permit, select a demolition company, and carry out the actual demolition.

During the eviction period, the owners, tenants, business occupants, doormen, or other users of the building must move out. The owners should also plan among themselves how to share the demolition costs, the demolition company, the demolition permit procedures, and how to protect the land after the demolition.

During this period, the most important thing for owners and users to do is to conduct transactions in writing and with documentation. The date of the tenant's departure, how the keys will be handed over, the return of the deposit, the offsetting of the advance rent, the termination of subscriptions, and the date the property is actually vacated should all be recorded in a protocol.

What happens if the building is not vacated within the evacuation period?

If a risky building is not vacated and demolished within the given timeframe, the administration may take coercive measures. According to the regulations, for risky buildings not demolished by their owners within the specified period, the relevant institutions and organizations are requested to cease or stop providing electricity, water, and natural gas services. These institutions and organizations are obligated to suspend these services upon the administration's request.

This regulation aims to prevent the continued use of a risky building. Continuing to live in a building that has been definitively deemed risky can endanger not only the lives and property of the people in that building, but also those in neighboring buildings, passersby, and third parties in the surrounding area.

The قطع of electricity, water, and natural gas services demonstrates the seriousness of the evacuation process. Continuing to reside in the building after this stage becomes both practically difficult and legally risky. In particular, living in a building with shut-off natural gas, electricity, or water connections can also pose safety and health risks.

If evacuation and demolition are not carried out within the specified period, the risky building is reported to the local administrative authority. According to the regulations, the evacuation and demolition of these buildings are carried out or commissioned by the local administrative authority with the support of law enforcement forces.

Is Forced Eviction Possible?

Forced eviction is possible in urban transformation projects; however, this authority is not unlimited or arbitrary. It requires that the risky building assessment be finalized, that an eviction/demolition notice be issued, that the given deadline has expired, and that the administration acts in accordance with the procedures outlined in the legislation.

According to the regulation, if the eviction is prevented, such as by refusing entry to the building or independent section, locking or refusing to open doors, threatening officials, or using force or violence, the Presidency or the administration may request written permission from the local administrative authority and sufficient law enforcement personnel. Based on written permission, the eviction process may be carried out independently by law enforcement, if necessary, by opening locked doors or areas.

This provision clearly highlights the public safety aspect of the eviction process under Law No. 6306. While classic rental evictions often involve court orders and enforcement proceedings, in the finalized risky building process, an administrative eviction and demolition mechanism can be implemented.

Conversely, during forced eviction proceedings, respect for human dignity, the inviolability of the home, the right to property, and the principle of proportionality must be observed. The protection of belongings, the preparation of official records, the identification of who is using the independent unit, and the prevention of damage that may occur during the eviction are necessary. Unlawful or disproportionate eviction procedures may give rise to administrative and legal liability.

Legal Consequences of Preventing Eviction and Demolition

The identification, evacuation, and demolition of risky buildings are directly related to public safety. Therefore, actively obstructing evacuation and demolition processes can have serious consequences. The regulation stipulates that those who obstruct the identification, evacuation, and demolition of risky buildings will be reported to the Public Prosecutor's Office by the administration or directorate, and a criminal complaint will be filed in accordance with the relevant provisions of the Turkish Penal Code No. 5237. It is also stated that criminal and disciplinary provisions will be applied to public officials who fail to fulfill their duties.

Therefore, instead of the landlord or tenant trying to completely obstruct the process, it is a more appropriate strategy to utilize legal avenues within the prescribed time. If the risky building report is deemed flawed, an appeal and cancellation lawsuit should be filed; if the eviction notice is considered irregular, an administrative appeal and lawsuit should be filed; and if there is a loss of rights regarding rental assistance or relocation support, appeal and objection procedures should be pursued.

Active resistance, such as locking doors, preventing officials from entering, or obstructing the demolition team, may lead to more serious administrative and criminal consequences instead of resolving the problem.

How to Obtain a Demolition Permit During the Eviction Process?

After the evacuation process is completed, a demolition permit must be obtained. According to the regulations, a demolition permit is issued upon application by one or more of the building owners or their representatives, provided that documents are submitted proving that the building has been evacuated and that electricity, water, and natural gas services have been shut off, or if this situation is determined by the administration and documented in a report. For buildings exceeding 21.50 meters in height, a structural engineer must be designated as the person responsible for the demolition. The regulations stipulate that if the conditions are met, a demolition permit will be issued within six working days without requiring the consent of all owners.

This provision is extremely important in practice. In apartment buildings with many owners, it is often impossible to obtain signatures from every owner for a demolition permit. The refusal of some owners to sign does not guarantee that the risky building will remain standing forever. If the building is definitively deemed risky and the conditions for evacuation and demolition have been met, even one owner can initiate the demolition permit process by applying with the necessary documents.

Before a demolition permit can be obtained, utility subscriptions must be cancelled, the building must be physically vacated, a demolition company must be selected, environmental safety must be ensured, and any adjacent structures must be protected. Careless demolition can damage neighboring buildings, vehicles, pedestrians, or infrastructure. Therefore, the demolition process itself is a technical stage that can give rise to legal liability.

What rights do property owners have during the eviction process?

In urban transformation projects, the most important right of property owners during the eviction process is the right to demand that the procedures be carried out in accordance with the law and regulations. Property owners should be able to review the risky building report, its finalization date, the eviction/demolition notice, the timeframe given, and the demolition permit procedures.

The owner can also appeal the risky building assessment within the prescribed time limit and file a lawsuit in administrative court. However, it is important to note that filing a lawsuit does not automatically stop the proceedings. In its frequently asked questions section, the Ministry states that filing a lawsuit against the risky building assessment or demolition decision will not prevent the execution of administrative actions unless a stay of execution or annulment decision is issued.

Therefore, if the property owner believes the risk assessment report is flawed, they should not only file a lawsuit but also request a stay of execution if the specific circumstances allow. This is because even if they win the lawsuit, restoring the building to its original state after it has been demolished may not be practically possible.

Another right of property owners is to evaluate the possibility of benefiting from support such as post-eviction rent assistance or interest subsidies. Furthermore, in the case of Istanbul, current support programs like "Half of It is On Us" can also be economically important during the eviction and transformation process. According to ministry statements, in Istanbul, building-based transformation support includes grants, loans, and relocation assistance for housing; and separate support items for businesses.

What rights do tenants have during the eviction process?

In urban transformation projects, the eviction process has serious consequences for tenants as well. Since the tenant is not the owner of the property, they may not be able to exercise the same technical right to object to the determination of a risky building as if they were the owner. However, this does not mean that the tenant has no rights at all.

The tenant first has the right to know whether the eviction request is based on a genuine risky building process. The landlord's statement that "the building will undergo transformation" is not sufficient on its own. The tenant can request to see the risky building report, eviction notice, demolition schedule, and relevant administrative documents.

If a building is deemed at risk, it is generally not possible for the tenant to remain in the building. This is because eviction is no longer based solely on the landlord-tenant relationship, but on public safety grounds. However, the tenant retains rights regarding the security deposit, prepaid rent, moving expenses, the process of finding a new address, relocating the business if it is a commercial activity, and applications for support.

When vacating the property, the tenant must prepare a handover report, request a written refund of the deposit, record the final meter readings, and document the property's current condition with photographs or videos. Even if the building is to be demolished, the landlord cannot arbitrarily retain the deposit. If rent has been paid in advance, a refund or offset for the unused period can be requested.

Residential and commercial tenants should also consider applying for rent assistance or relocation support, if they are eligible. It is important not to miss application deadlines after being evicted.

Eviction Process for Business Tenants

For business tenants, the eviction process in urban transformation projects is more complex. This is because business eviction affects not only the physical relocation but also tax registration certificates, municipal licenses, chamber of commerce registration, social security registration, employees, customer base, signage, inventory, and the continuity of commercial operations.

Once a building is deemed at risk, it may become impossible for a business tenant to continue operating in the building for reasons of public safety. However, the business tenant should be given reasonable time to prepare, the relocation process should be documented, and deposits and advance rent payments should be clarified.

Business tenants should especially keep the following documents: lease agreement, tax certificate, payment receipts, security deposit receipt, electricity, water, and gas bills, municipal license, chamber of commerce records, eviction notice, new address information, relocation expense invoices, and any correspondence with the landlord. These documents are important for both support applications and potential compensation or debt claims.

Rent assistance and relocation support during the eviction process

In urban transformation projects, the eviction process should be evaluated in conjunction with financial support. Due to the evacuation or demolition of a risky building, the owner, tenant, or holder of limited real rights may benefit from rental assistance or relocation support under certain conditions.

For property owners, rental assistance may vary depending on the status of the building, risky area, or reserve building area. For tenants, assistance is generally in the form of a one-time relocation support. Important documents for application include the eviction or demolition date, address registration, information about the risky building, bank account details, and entitlement documents.

The most common mistake during the eviction process is delaying the application for rental assistance. However, application deadlines are limited, and all necessary documents must be prepared completely. Landlords should keep their property deeds, tenants their address and utility bills, and business tenants their tax and operating documents.

For Istanbul, current support models such as the "Half of It is From Us" support are also important. The Ministry's statement indicates that buildings declared at risk in 2025 and 2026 can be included in the campaign, and that grants, loans, and relocation support are provided for housing in building-based transformation projects.

Is there an option for reinforcement during the evacuation process?

When a building is deemed at risk, the general practice is evacuation and demolition. However, in some cases, strengthening may be considered instead of demolition. The Ministry's frequently asked questions section states that if strengthening is preferred over demolition, the owners must have the feasibility of strengthening determined within the given timeframes, a decision for strengthening must be made by a 4/5 majority under Article 19 of the Condominium Law, a strengthening project must be prepared, and a permit must be obtained in accordance with zoning regulations.

Therefore, the idea that "an eviction order has been issued, there are no alternatives now" is not always true. However, strengthening the building is not an automatic right that stops the deadlines. Technical suitability, majority of owners, project, permit, and administrative approval are required. If owners are considering strengthening the building, they must act quickly within the timeframe given for eviction and demolition.

The strengthening option should be evaluated considering the building's economic value, technical condition, soil characteristics, historical or architectural significance, the owners' financial means, and the permitting process. After the strengthening is completed, an application must be made to the relevant directorate to remove the "risky building" designation from the land registry.

Who is responsible for the evacuation and demolition costs?

In the process of identifying a risky building, the costs of evacuation and demolition are generally borne by the owners. If the owners prepare the building for evacuation and demolition using their own resources, they will share the costs of the demolition company, permit processes, debris removal, perimeter safety, and similar expenses among themselves.

However, if the owners fail to carry out the eviction and demolition within the given time, the administration or the Presidency may have the eviction and demolition carried out. According to the regulation, the owners are responsible for the eviction and demolition costs incurred by the Presidency or the administration due to the owners' failure to demolish the buildings, in proportion to their shares. These costs must be paid within one month following notification; costs not paid on time will be pursued and collected in accordance with the provisions of Law No. 6183 on the Collection Procedure of Public Receivables.

Therefore, the healthiest approach for property owners is to carry out the eviction and demolition process themselves, under their own control, and with proper documentation. Otherwise, administrative demolition costs, debt collection, and additional financial burdens may arise.

What happens to the property after eviction?

After a risky building is demolished, the property effectively becomes a plot of land. The regulation stipulates that after the demolition of a risky building, the annotation regarding the risky building in the declarations section of the land registry will be removed upon request or notification from the administration, based on the documents related to the demolition; however, even after the annotation is removed, any works and transactions carried out on the parcel will be conducted within the scope of the Law.

After this stage, the property owners' focus shifts to how the new building will be constructed. The topics of discussion include construction contracts in exchange for land shares, contractor selection, division of independent units, land shares, permits, condominium ownership, and applications for support. Therefore, the eviction process is not the end of urban transformation; it is often the beginning of a new legal process.

Leaving a property vacant for an extended period after demolition can cause harm to property owners. Preservation of the land, prevention of encroachment risks, property tax considerations, environmental safety, and planning of the new construction process are necessary. It would be more appropriate for property owners to evaluate the contractor contract and the new construction strategy before the eviction and demolition phase begins.

Can a lawsuit be filed against the eviction process?

It is possible to file a lawsuit against eviction and demolition procedures in urban transformation projects. However, filing a lawsuit alone does not stop the procedures. According to the Ministry's statement, unless a stay of execution or annulment decision is issued in lawsuits filed against the risky building assessment or demolition decision, the mere filing of a lawsuit does not prevent the administration from carrying out its actions.

Therefore, if the eviction or demolition process is deemed unlawful, a request for a stay of execution should be submitted along with the lawsuit. Two elements should be particularly emphasized in the request for a stay of execution: the process must be clearly unlawful, and its implementation would cause irreparable harm.

For example, grounds for litigation may include the building not being definitively assessed as risky, the eviction notice being issued improperly, the wrong building being targeted for eviction, the heirs not being informed at all, the demolition period being determined in violation of procedure, the strengthening application not being evaluated, or the attempt to demolish despite a stay of execution order.

The Most Common Mistakes Made During the Eviction Process in Urban Transformation

The most common mistake in the eviction process during urban transformation is vacating the property without seeing the official documents, or conversely, completely ignoring the finalized risky building status. Both approaches are wrong. Owners and tenants should first confirm the authenticity of the process with documentation, and then exercise their rights within the prescribed time.

The second mistake is thinking that filing a lawsuit will automatically stop the eviction and demolition. Even if a lawsuit has been filed, the administration can continue with the procedures unless there is a stay of execution or an annulment order.

The third mistake is tenants leaving without securing their deposit and advance rent in writing. A handover document, meter readings, and payment reconciliation should be prepared during the eviction process.

The fourth mistake is that property owners believe that the signatures of all property owners are required for a demolition permit. The regulation allows for the issuance of a demolition permit without requiring the consent of all property owners when the necessary conditions are met.

The fifth mistake is neglecting to apply for rent assistance and relocation support. If application deadlines are missed amidst the rush of eviction, eligibility for financial support may be lost.

The sixth mistake is leaving the post-evacuation construction process unplanned. After the building is demolished, the land share, contractor contract, allocation of independent units, and licensing process become much more critical.

Practical Legal Recommendations for the Eviction Process in Urban Transformation

Property owners or tenants facing eviction proceedings in urban transformation projects must first determine the current stage of the process. They need to ascertain whether the risky building report has been finalized, whether the appeal period has expired, whether an eviction/demolition notice has been issued, whether the local administrative office announcement has been completed, and when the demolition period ends.

Property owners must cancel subscriptions, prepare necessary documents for the demolition permit, select a demolition company, and document the sharing of demolition costs in writing during the eviction and demolition period. Tenants, on the other hand, must document their deposit, rent in advance, moving date, key handover, and support requests in writing.

Business tenants should plan the processes of obtaining tax certificates, municipal licenses, social security registration, chamber of commerce registration, and new addresses without delay. Documents should be kept neatly to ensure that commercial activity is not interrupted after eviction.

If there are legal objections to the risky building report or the evacuation-demolition process, administrative appeals and legal action should be used instead of actual obstruction. If the risk of demolition is imminent, the request for a stay of execution should be prepared specifically.

Conclusion

In urban transformation, the eviction process is a critical legal stage that begins with the finalization of the risky building assessment and ensures the building is vacated and prepared for demolition. This process does not simply mean the owner or tenant leaving the property; it must be considered in conjunction with administrative notification, the 90-day eviction-demolition period, demolition permits, closure of utility subscriptions, law enforcement support, rental assistance, relocation assistance, legal avenues, and the new construction process.

The current regulation stipulates that eviction and demolition notices can be issued by posting them on the building, via e-Government notification, through a local administrative office announcement, or on the Presidency's website; that a period of no more than ninety days will be given for the eviction and demolition of a risky building; and that if eviction and demolition are not carried out within the given time, electricity, water, and natural gas services may be suspended, and eviction and demolition may be carried out with the support of law enforcement.

For property owners, the most important aspect is to carry out the eviction and demolition process on time and under their own control; and not to neglect the demolition permit, rental assistance, new construction contract, and land share processes. For tenants, it is necessary to review official documents, obtain written guarantees for deposits and advance rent payments, follow up on relocation assistance applications, and, if it is a business, plan for the continuity of commercial activity.

In conclusion, the eviction process in urban transformation is a serious undertaking with both legal and technical aspects. Remaining passive, acting on verbal statements, or resorting to physical resistance can increase the loss of rights. The most appropriate approach is to plan the eviction, demolition, financial support, litigation, and new construction processes together from the moment the risky building decision is finalized.