How is a Risky Building Determined? Application, Report, Appeal and Litigation Process under Law No. 6306

 How is a risky building assessment carried out, who can apply, what documents are required, how to appeal the report, what is the lawsuit period, and what happens if a building is officially deemed risky? A comprehensive legal guide under Law No. 6306

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What is Risk Assessment of Buildings?

Identifying a building as hazardous is the process of determining, based on scientific and technical principles, whether a building has reached the end of its economic lifespan or whether it poses a risk of collapse or severe damage. In Turkey, this process is primarily Law No. 6306 on the Transformation of Areas Under Disaster Risk and its Implementing Regulation. Identifying a building as hazardous is the most critical initial stage of the urban transformation process; because once a hazardous building report is prepared and finalized, it gives rise to many legal consequences such as evacuation, demolition, reconstruction, owner decisions, rental assistance, sale of land shares, and contractor contracts.

Identifying buildings of risk should not be viewed solely as a technical engineering process. This process is also an administrative one that directly affects property rights, tenant usage, land registry records, municipal and administrative procedures, the demolition process, and urban transformation projects. Therefore, every application, report, notification, and appeal in the risky building identification process must be carefully considered.

According to the Implementing Regulation of Law No. 6306, risky buildings are identified according to the technical principles included in the annex to the Regulation. Risk assessment applies to buildings that are independently usable, covered, accessible to people, and used for purposes such as dwelling, working, entertainment, rest, or worship. Conversely, buildings under construction that are not inhabited, as well as buildings whose structural integrity has been compromised due to derelict or other reasons, are not subject to risk assessment.

Why is identifying buildings at risk important?

Identifying a building as hazardous is the most common way to include it in urban transformation projects. This assessment is particularly important in cities with a high risk of earthquakes, as it helps renew the old building stock. However, in practice, a hazardous building report doesn't just answer the question of "is the building safe or not?". It also determines whether owners can continue using the building, whether the evacuation and demolition process will begin, whether they can benefit from support such as rent assistance or interest subsidies, and when the contract process with the contractor will commence.

Once the risk assessment of a building is finalized, the building is legally considered risky. At this stage, abstract statements from owners such as "our building is actually sound" alone do not stop the process. To halt or cancel the process, timely objections must be filed, a technical committee inspection must be conducted, or recourse to administrative courts is required. Therefore, it is necessary to act quickly upon learning of the risk assessment, obtain the report, and conduct a technical and legal review.

Who can have a building assessed for risk?

Risk assessment of buildings is primarily carried out by the building owners or their legal representatives. It is not mandatory for all owners to apply together. In practice, a risk assessment can be carried out with the application of one of the owners or their legal representative. The Istanbul Infrastructure and Urban Transformation Directorate website of the Ministry of Environment, Urbanization and Climate Change also states that citizens can have their buildings assessed by institutions and organizations licensed by the Ministry, and that an application from one of the owners or their legal representative is sufficient at this stage.

In properties where only a land share deed exists and no floor easement or condominium ownership has been established, the risk assessment of the structure actually located on the land is carried out by the land share owner who owns the structure. If the structure on the land belongs to someone else and this is indicated in the land registry, the risk assessment is carried out by the party in whose favor the annotation is made. This distinction is particularly important in jointly owned properties, informal settlements, land share deeds, and properties with annotations regarding improvements.

The assessment of risky buildings does not have to be carried out solely at the request of the property owners. The Urban Transformation Directorate or the relevant administration can also conduct this assessment ex officio, or property owners may be given a deadline to have the assessment carried out. If the assessment is not completed within the given time, the Directorate or the administration may carry out or commission the assessment. In this case, the property owners will be responsible for the assessment costs in proportion to their shares.

Where do I apply for a building risk assessment?

The assessment of risky buildings is carried out through institutions and organizations licensed by the Ministry. Applications should not be considered as simply having a basic expert assessment done by any private engineering firm. For a risky building report to have legal effect under Law No. 6306, the institution or organization conducting the assessment must be authorized and licensed in accordance with the relevant legislation.

Requests for risk assessment of buildings are made through an electronic software system. The regulation also explicitly states that requests for risk assessment of buildings will be carried out through an electronic software system. Through this system, a building record is created, assessment procedures are carried out, a report is prepared, and sent to the relevant directorate or, if authority has been delegated, to the relevant administration.

Before submitting an application, the property's title deed status, owner information, land shares, condominium ownership or easement status, address, and building code information should be checked. The regulation stipulates that the risk assessment report must include the building's address and building code as recorded in the National Address Database. Therefore, errors in address, numbering, and building code may affect the accurate evaluation of the report in the future.

What documents are required for a risky building assessment?

The documents required for a risk assessment of a building may vary depending on the specific property. However, in practice, the following may be requested: title deed, owner's identification information, power of attorney if applying through a representative, building information, address and numbering information, architectural and structural projects (if any), building permit, floor easement or condominium ownership documents, independent unit list, and owner information.

The most important point here is that the application must be made by the actual owner or an authorized representative. An application made by someone who is not the owner may create a jurisdictional issue. If the process is to be carried out through an agent, the power of attorney must be drafted in a way that is suitable for carrying out risk assessment and urban transformation procedures. Especially for owners living abroad, the apostille, consular authentication, and translation processes for powers of attorney issued in foreign countries must be handled with extra care.

The absence of previous project plans, incomplete permit information, or the building being unlicensed does not always prevent a risk assessment from being carried out. The Ministry's frequently asked questions section regarding risky buildings states that a building having a permit is not a requirement for a risk assessment under Law No. 6306 and for benefiting from the rights under the law.

How is a building at risk technically identified?

The assessment of risky structures is carried out according to the technical principles stipulated in the relevant legislation. This includes examining the building's load-bearing system, concrete strength, reinforcement status, load-bearing elements such as columns, beams, and shear walls, soil effects, building geometry, existing damage status, and other factors affecting the building's seismic performance. The licensed institution or organization conducting the assessment performs an on-site inspection, takes necessary measurements and samples, evaluates laboratory results, and prepares a report on whether the building is at risk based on technical calculations.

Determining a building's risk is not a simple observational inspection. Simply stating "the building looks old" or "there are cracks in the building" based on external observation is not sufficient for determining a building's risk under Law No. 6306. An official risk assessment report must be based on technical data, analysis methods specified in the legislation, and an inspection conducted by an authorized organization.

At this stage, the most common mistake made by property owners is confusing the rapid screening, municipal preliminary inspection, private engineering report, or observational assessment with the official risk assessment of buildings under Law No. 6306. Preliminary inspections can provide an idea about the condition of the building; however, the document that directly initiates the urban transformation process is the risk assessment report, prepared by a licensed institution or organization in accordance with the legislation and submitted to the administration.

What happens if entry to the building is denied?

In practice, it is observed that some owners or users prevent entry to independent units, refuse to open doors, or create difficulties for the inspection officers in order to obstruct the risk assessment of the building. However, this does not completely stop the risk assessment process. According to the regulation, in cases where entry to the building or independent unit is not permitted, doors are locked/not opened, those who come for the assessment are threatened, or force or violence is used, the Presidency or the administration may request written permission from the local administrative authority and sufficient law enforcement personnel. Upon this permission, the closed areas can be opened by law enforcement and the assessment can be carried out.

This regulation highlights the public safety aspect of identifying risky buildings. It is unacceptable, from the perspective of life and property safety, for a building at risk of disaster to be prevented from being inspected simply because of obstruction by certain owners or users. Conversely, the rights of owners and users must be protected during the inspection process, the procedure must be carried out in accordance with the law, and all actions taken must be documented.

What happens after a Risky Building Report is issued?

The risk assessment report for buildings is sent electronically via a software system by the issuing authority or licensed institution/organization to the directorate in the province where the building is located, or to the relevant authority if authority has been delegated. The report is reviewed within the framework of the procedures and principles determined by the Presidency. If there are any deficiencies, the report is returned to the issuing institution or organization for correction. If no deficiencies are found, the building deemed risky is reported to the relevant land registry office within a maximum of ten working days, to be indicated in the declarations section of the land registry.

The report prepared at this stage is posted on the building, notified to the owners via the e-Government Portal, and announced at the relevant mukhtar's office for fifteen days. According to the regulation, the risky building assessment process is deemed to have been served to the real and personal rights holders on the last day of the announcement at the mukhtar's office. Risky buildings are also announced on the Presidency's website for fifteen days.

This notification and announcement system is very important in practice. Property owners sometimes miss the objection period thinking, "I haven't received a separate notification." However, the regulations stipulate specific notification methods such as posting on the building, e-Government notification, and announcements by the local administrative office. Therefore, property owners should carefully follow e-Government notifications, local administrative office announcements, land registry records, and administrative correspondence.

How to Appeal a Building Risk Assessment?

Building owners or their legal representatives may appeal against the determination of a building as risky. The appeal period is fifteen days. The appeal is made by submitting a petition to the directorate in the location of the building, or to the relevant administration if the authority has been delegated. Appeals not made within the deadline, or appeals not made by the building owner or their legal representative, will not be processed. If the owner has passed away, the appeal must be made by the heirs.

For an objection to be effective, simply stating "we do not accept the report" is insufficient. The objection must concretely detail the technical or legal flaws in the risky building report. For example, it could be argued that the sample collection points do not represent the building, that the load-bearing system was inadequately examined, that the concrete strength test results were misinterpreted, that there are errors in the address or building code information, that the licensed organization acted contrary to the assessment procedure, that the report is based on incomplete documentation, or that the building as a whole was not evaluated.

The objection is examined by a technical committee. The technical committee evaluates the risk assessment report from a technical standpoint, considering all its elements. According to the regulations, the technical committee, regardless of the reasons for objection stated in the objection petition, examines whether the report has been prepared in accordance with technical principles. If necessary, a decision is made to send the report to a licensed institution or organization for correction of deficiencies; after the deficiencies are rectified, a final decision is made regarding whether the building is risky or not. The technical committee may also inspect the building on-site if deemed necessary.

Can a lawsuit be filed against a building assessment that indicates a risky structure?

The determination of a building as risky is an administrative act. Therefore, it is possible to file an annulment lawsuit in administrative courts against the determination of a building as risky. Since the determination of a building as risky directly affects the property rights of the owners and marks the beginning of the eviction and demolition process, both technical and legal objections must be presented in the lawsuit petition.

Particular attention should be paid to deadlines when filing a lawsuit. In cases falling under Law No. 6306, the deadlines for administrative lawsuits may be shorter than general administrative lawsuit deadlines. Therefore, obtaining the risky building report, completing the announcement and notification processes, the outcome of the objection, and the finalization stage should all be considered together. If a lawsuit is to be filed, the report, land registry records, owner list, building permit, architectural/structural projects, photographs, any special technical reports, and objection documents should be prepared together.

The Ministry's frequently asked questions section states that in cases where a lawsuit is filed seeking a stay of execution or annulment of a risk assessment or demolition order, the mere filing of a lawsuit does not prevent the administrative process from proceeding unless a stay of execution or annulment decision is granted. Therefore, filing a lawsuit alone does not automatically halt the eviction and demolition process; furthermore, the request for a stay of execution must be supported by strong legal grounds.

What happens if the building is deemed at risk?

If no objection is filed within the specified time frame regarding the determination of a risky building, or if any objection is rejected, the determination becomes final. After this stage, the directorate requests the administration to issue the necessary notifications and demolish the risky building. According to the current Implementation Regulation, the administration grants a period of no more than ninety days for the demolition of the risky building; if the building is not evacuated and demolished within this period, the administrative authorities will notify the building of its evacuation and demolition.

There is also a special regulation regarding demolition permits. According to the regulation, upon application by one or more of the building owners or their representatives, and provided that documents are submitted or the administration confirms that the building to be demolished has been vacated and that electricity, water, and natural gas services have been shut off, a demolition permit is issued within six working days without requiring the consent of all owners. For buildings exceeding 21.50 meters in height, it is also required to designate a structural engineer as the person responsible for the demolition.

If the building is not demolished within the time given to the owners, the relevant institutions and organizations will be requested to cut off or suspend electricity, water, and natural gas services to the risky buildings. The evacuation and demolition of risky buildings not demolished within the given time can be carried out or commissioned by the local administrative authority with the support of law enforcement. Owners may be held responsible for the evacuation and demolition costs in proportion to their shares.

Can a risky building be reinforced?

The confirmation of a building being deemed at risk does not necessarily mean that the building will be demolished. In some cases, strengthening may be an option. However, strengthening is not a simple option that can be implemented with the unilateral declaration of the owners. The Ministry's frequently asked questions section states that if strengthening is preferred over demolition of a risky building, it is necessary to have the technical feasibility of strengthening determined within the timeframes given for demolition, to obtain a strengthening decision with the necessary majority under Article 19 of the Condominium Law, to have a strengthening project prepared, and to obtain a permit within the framework of zoning regulations.

Strengthening options are particularly suitable for structures with high economic value, architectural or historical significance, and those that are technically feasible to strengthen. However, the cost of strengthening should be considered together with the building's age, existing load-bearing system, soil conditions, the owners' decision-making will, and the permit 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.

How is a risky building identified if there is more than one building on a single plot of land?

Multiple structures may exist on a single plot of land. In this case, the legal and factual status of each structure must be evaluated separately. The Ministry's frequently asked questions section states that if there are multiple structures on a plot and only some of them are identified as risky buildings, the land registry will only record the risky building designation for those identified, not for all structures. In cases with shared title deeds, it is not possible for any one of the land co-owners to have all the structures on the plot assessed as risky and subsequently demolished.

This is particularly important in properties such as housing complexes, cooperatives, multi-block buildings, and independent structures belonging to different owners on the same plot. Issuing a report for the wrong building, incorrectly writing the building code, or classifying all structures on the plot under the same status can lead to serious legal disputes.

Things Property Owners Should Pay Attention to When Identifying Risky Buildings

The first point property owners should pay attention to in the risk assessment process is ensuring that the application is made through an authorized and licensed institution or organization. Reports prepared by unauthorized individuals do not have official validity under Law No. 6306. Secondly, the land registry records, land shares, owner list, independent unit information, address, building code, and numbering information must be accurate. Thirdly, it should be monitored whether the technical inspections carried out during the assessment are conducted in accordance with the procedures.

After the report is prepared, the most important task for the property owners is to not miss the deadlines. The announcement by the local headman, the e-Government notification, the official record posted on the building, and the land registry records must be carefully followed. Since the objection period is short, expert support should be sought without delay for the technical review of the report. If no objection is made or no lawsuit is filed within the deadline, the risky building determination becomes final and the evacuation and demolition process begins.

Another important point for property owners to consider is the negotiations with the contractor or other owners after the building is deemed risky. Once the building is demolished, the property becomes a plot of land, and how the parcel will be developed becomes the subject of a separate legal process. At this stage, matters such as the construction contract in exchange for a share of the completed building, transfer of land shares, division of independent units, rental assistance, delivery time, security deposit, and penalties for delay should be meticulously regulated.

What should tenants do during the building risk assessment process?

The determination of a building as risky directly affects the lives of not only the owners but also the tenants and business occupants in the building. Tenants may not have the same right to appeal as owners; however, they must closely follow the process in terms of eviction, relocation, lease agreements, cessation of business operations, and applications for assistance.

Tenants should pay particular attention to notices posted on the building, administrative announcements, and notifications from the owners. If a building is definitively declared risky, eviction becomes necessary. In this case, tenants need to assess their legal status regarding their lease agreement, security deposit, moving expenses, loss of business activity (if applicable), and any potential assistance applications.

The Most Common Mistakes in Identifying Risky Buildings

One of the most common mistakes in practice is confusing official risk assessment reports with private technical reports. While a private technical report can provide insight into the building's condition, a risk assessment report that will have legal effect under Law No. 6306 must be prepared by an authorized institution or organization in accordance with the legislation.

The second mistake is missing deadlines. The time limit for appealing a risky building assessment is quite short. Property owners often become aware of the report late or wait, thinking, "I'll receive official notification anyway." However, procedures such as e-Government notification, announcement by the local headman's office, and a report posted on the building are important for initiating the process.

The third mistake is the abstract preparation of the objection letter. Objections to the technical report must be based on concrete technical and legal grounds. The sampling process, concrete and reinforcement identification, structural system analysis, soil information, building code, and report appendices should be examined in detail.

The fourth mistake is the failure of property owners to make sufficient legal preparations among themselves and with the contractor before the building is officially deemed risky. Once the building is officially declared risky and the demolition process begins, time pressure increases. Therefore, property owners need to evaluate the new building model, contractor selection, contract terms, and land share distribution without delay.

What does a Lawyer specializing in Risky Building Assessments do?

A lawyer specializing in the identification of risky buildings provides legal oversight not only during the litigation phase but also from the application and reporting stages. They evaluate land registry records, ownership status, application authority, notification and publication processes of the report, objection periods, technical committee reviews, and conditions for filing a lawsuit. Furthermore, after the building is definitively deemed risky, they provide legal support in processes such as evacuation, demolition, rental assistance, contractor contracts, owner decisions, and the sale of land shares.

Legal support is particularly crucial in apartment buildings with multiple owners, jointly owned properties, structures with disputes among heirs, land share issues, unlicensed or non-compliant buildings, registered cultural heritage sites, and projects where disagreements arise regarding contractor selection. This is because risk assessment is a process that directly affects not only whether a building is risky but also the economic future and property rights of the owners.

Conclusion

Identifying risky buildings is the most important and sensitive stage of the urban transformation process. This identification must be carried out by licensed institutions and organizations in accordance with technical principles, as per Law No. 6306 and its Implementing Regulation. The process can begin with an application from one of the owners or their legal representative; however, once the report is prepared, the rights and obligations of all owners are affected.

The risky building report is reviewed by the relevant directorate or administration. If there are no deficiencies, it is reported to the land registry, posted on the building, communicated to the owners via e-Government, and announced at the local administrative office. After this stage, the owners have a fifteen-day period to object. If no objection is made within the period and with concrete reasons, or if the objection is rejected, the risky building determination becomes final. After finalization, evacuation, demolition, reconstruction, and urban transformation applications come into play.

Therefore, property owners should not remain passive as soon as they learn of a risky building assessment. The report should be examined from a technical and legal perspective, appeal and litigation deadlines should not be missed, the eviction and demolition process should be planned, and contractor contracts for the new building should be carefully prepared. A properly managed risky building assessment process ensures that property owners acquire a safe and valuable building. A poorly managed process, on the other hand, can result in missed appeals, unjust demolition, low-priced land share sales, incomplete contracts, unfinished constructions, and lengthy lawsuits.