How to Obtain a Demolition Permit in Urban Transformation Projects?

How to obtain a demolition permit in urban transformation projects, what documents are required once a building is deemed risky, is the consent of all owners required, how long does it take to obtain a demolition permit, and what are the municipal processes and legal avenues?

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What is a Demolition Permit in Urban Transformation?

In urban transformation projects, a demolition permit is an official authorization document issued by the relevant authority under Law No. 6306 on the Transformation of Areas Under Disaster Risk, allowing for the legal demolition of a building that has been definitively determined to be at risk. The identification of a building as a risky structure does not, by itself, mean that actual demolition can be carried out. A demolition permit is necessary to ensure the demolition process is carried out safely, in a controlled manner, and in accordance with regulations.

A demolition permit is not merely a technical authorization obtained from the municipality. This document confirms that the risky building assessment has been finalized, the building has been evacuated, services such as electricity, water, and natural gas have been shut off, the demolition will be carried out under the supervision of authorized and responsible persons, and the demolition process is being monitored by the administration. Therefore, the demolition permit is a critical stage in the urban transformation process, situated between the identification of risky buildings and the new construction process.

Under Law No. 6306, property owners are given a period of no more than ninety days to demolish risky buildings; if the building is not demolished by the owner within this period, they are notified that the building will be demolished by administrative authorities. This regulation shows that the demolition of risky buildings is not a matter left to the discretion of the owners, but has a public order dimension due to the safety of life and property.

Demolition work carried out in urban transformation projects without obtaining a demolition permit can have serious legal, administrative, and criminal consequences. Damage to neighboring buildings, failure to take occupational safety measures, demolition without shutting off electricity or natural gas connections, failure to ensure environmental safety, and improper removal of debris can all lead to liability for the property owner, contractor, demolition company, and technical supervisors.

At what stage is a demolition permit obtained?

In urban transformation projects, a demolition permit is obtained after the risk assessment of the building is finalized. The process generally proceeds as follows: First, a risk assessment report is prepared for the building. The report is reviewed by the relevant authority. If there are no deficiencies, the risk assessment is notified to the land registry and announced to the owners and rights holders. Owners have the right to appeal. If no appeal is filed within the specified time, or if the appeal is rejected, the risk assessment becomes final. After finalization, the evacuation and demolition process begins.

At this stage, an application for a demolition permit can be made. A demolition permit is not a document that is normally obtained before the building is definitively classified as a risky structure. This is because the basis for a demolition permit is that the building has now been classified as a risky structure and the demolition process has been initiated by the authorities. Therefore, it is essential to check whether the risky structure assessment has been finalized before applying.

The Urban Transformation Directorate's statements regarding the risky building process indicate that demolition permits will be issued upon application by one or more of the owners of the risky building or their representatives; and that it must be documented or verified by the administration that the building to be demolished has been evacuated and that electricity, water, and natural gas services have been shut off.

Therefore, the demolition permit is not issued as soon as the risky building assessment report is received; it is only considered after the report is finalized, evacuation preparations are completed, and safety conditions such as disconnecting utility subscriptions are met.

Why is it important to confirm the status of a building as risky?

The final determination of the risky building status is one of the most important stages in obtaining a demolition permit. This is because before the risky building status is finalized, property owners have the right to object to the report and file a lawsuit in administrative courts. Once the report is finalized, the administration accepts that the building is risky and begins the evacuation and demolition process.

The demolition of buildings identified as risky and confirmed as risky after the appeals process is a mandatory consequence of the law. The Ministry's statements clearly indicate that there is no need for owners to make separate decisions or reach agreements regarding the demolition of buildings confirmed as risky.

This point is very important in practice. Objections from some property owners such as "I do not consent to the demolition," "a permit cannot be obtained without my signature," or "unanimity of all property owners is required," do not automatically stop the demolition process after the building has been definitively deemed risky. If a building has been identified as risky, demolition is no longer solely a matter of private law but an administrative process driven by public safety concerns.

Of course, this does not mean that property owners have no legal rights. If the risk assessment, eviction/demolition notice, or demolition permit process is unlawful, those concerned can file a lawsuit in administrative courts. However, filing a lawsuit alone does not automatically stop the demolition; the administration can continue with its procedures unless a stay of execution or annulment decision is obtained. According to Ministry sources, administrative lawsuits can be filed against administrative actions under Law No. 6306 within thirty days from the date of notification.

Is the consent of all property owners required for a demolition permit?

One of the most frequently asked questions regarding demolition permits in urban transformation projects is whether the consent of all property owners is required. Under Law No. 6306, once a building is definitively deemed risky, the consent of all property owners is not required to obtain a demolition permit.

According to the current Implementation Regulation, a demolition permit is issued within six working days, without requiring the consent of all owners, upon application by one or more of the building owners or their representatives, provided that it is documented or determined by the administration that the building has been evacuated and the electricity, water, and natural gas services have been shut off, and provided that a structural engineer is designated as the person responsible for the demolition in buildings exceeding 21.50 meters in height.

This regulation aims to prevent the malicious obstruction of the urban transformation process. In apartment buildings with many owners or properties with inheritance, it is often impossible for all owners to sign simultaneously. The refusal of some owners to sign for the demolition permit, solely to delay the process, influence contractor negotiations, or put pressure on other owners, does not guarantee the preservation of the risky building.

However, the fact that the consent of all owners is not required does not mean that demolition can be carried out arbitrarily. The risk assessment of the building must be finalized, the building must be evacuated, electricity, water, and natural gas services must be shut off, the necessary technical personnel must be appointed, and the application must be made in accordance with the legislation. If these conditions are not met, the demolition permit process may become illegal.

Who can apply for a demolition permit?

An application for a demolition permit can be submitted by one or more of the building owners, by several owners together, or by the owners' representatives. The regulation explicitly uses the phrase "application by one or more of the building owners or their representatives." Therefore, it is not necessary for all owners to act together for the application.

If the application is to be made through a representative, it is important in practice that the power of attorney includes authorizations such as applying for a demolition permit, following up on municipal and administrative procedures, obtaining and submitting necessary documents, and applying for subscription cancellations. Especially in cases where the owner lives abroad or in buildings with multiple shareholders, missing power of attorney documents can delay the process.

In buildings with condominium ownership or easement rights, independent unit owners can apply. In buildings with land shares, the title deed registration, actual building ownership, the status of improvements, and the land share relationship must be evaluated separately. In parcels with more than one building, it must be clearly determined which building has been identified as a risky building and which building is subject to a demolition permit.

What documents are required for a demolition permit?

The documents required for a demolition permit application may vary slightly from one administration to another. However, the basic documents generally included in the demolition of risky buildings under Law No. 6306 are as follows:

First, an application for a demolition permit must be prepared. The application must clearly state the province, district, neighborhood, block and parcel information of the property, the independent unit and building code (if any), information regarding the risk assessment of the building, and the applicant's status as owner or representative.

Secondly, title deed and ownership information must be provided. The title deed shows the applicant's status as owner or their authority to act through a representative. In jointly owned properties, information on land shares is important.

Thirdly, the risk assessment report or administrative documents showing that the risk assessment has been finalized must be included in the application file. The basis for the demolition permit is that the building has been identified as a risky structure under Law No. 6306 and that this identification has been finalized.

Fourthly, a document or record confirming the evacuation of the building is required. The regulation stipulates that for a demolition permit, it is necessary to document or record in a report that the building to be demolished has been evacuated.

Fifthly, documents from the relevant institutions and organizations confirming the disconnection of electricity, water, and natural gas services must be submitted. Alternatively, the administration can verify and document that these services have been actually disconnected. This condition is essential to ensure that the demolition can be carried out without endangering life and property.

Sixth, for buildings exceeding 21.50 meters in height, a structural engineer must be designated as the person responsible for demolition. This requirement is crucial for clarifying technical responsibility in the demolition of high-rise buildings.

In addition, the municipality or relevant authority may request information on the demolition company, an environmental safety plan, a debris disposal certificate, occupational safety documents, building photographs, a numbering certificate, a power of attorney, a signature declaration, a copy of the apartment building's decision book (if available), or relevant technical documents. Since these additional documents may vary according to local practice, an up-to-date list of required documents should be obtained from the relevant authority.

Is it possible to obtain a demolition permit without shutting off the electricity, water, and natural gas?

As a rule, no. In urban transformation projects, in order to issue a demolition permit, it must be documented that the building to be demolished has been evacuated and that electricity, water, and natural gas services have been shut off. The regulation stipulates that these documents must be obtained from the relevant institutions and organizations, or that the evacuation of the building and the actual shutdown of services must be determined by the administration and documented in a report.

This condition is vital for demolition safety. Demolition carried out without disconnecting the electricity supply may create a risk of fire, electric shock, or damage to surrounding installations. Demolition carried out without disconnecting the natural gas supply poses a risk of explosion and fire. Demolition carried out without shutting off the water supply can cause damage to both the infrastructure and neighboring properties.

Therefore, property owners must apply to the relevant institutions to have the subscriptions cancelled before applying for a demolition permit. In buildings with tenants, the subscriptions may be in the tenant's name. In this case, coordination must be ensured between the owner, tenant, and administration, and the subscription cancellation process must be completed with written documents.

How long does it take to get a demolition permit?

In buildings classified as risky under Law No. 6306, demolition permits are issued within six working days if the conditions are met. The regulation clearly states that upon submission of the necessary documents, or upon assessment by the administration, and for buildings exceeding 21.50 meters in height, upon designation of a structural engineer responsible for building safety, a demolition permit will be issued within six working days without requiring the consent of the owners.

This timeframe is important to prevent the administration from delaying the application indefinitely. However, for the six-business-day period to function properly, the file must be complete. Missing documents, incorrect title deed information, uncertainty regarding eviction status, failure to submit subscription cancellation documents, failure to appoint a structural engineer due to building height, or the fact that the risk assessment of the building has not been finalized may all cause delays in the application.

The applicant must obtain a document registration number when submitting the demolition permit file and request written notification of any missing documents. If the administration explicitly rejects the application or delays it, administrative appeals and legal remedies may be considered depending on the specific circumstances.

Which authority issues the demolition permit?

Demolition permits are generally obtained from the municipality where the building is located. For locations outside municipal boundaries, the relevant provincial special administration or authorized administration may be involved. In processes under Law No. 6306, the Urban Transformation Presidency, the Provincial Directorate of Environment, Urbanization and Climate Change, the municipality, or administrations to which authority has been delegated may play roles at different stages.

In practice, while the process of issuing risk assessment reports and finalizing them is handled by the Urban Transformation Directorate or the relevant administration, demolition permits are often obtained from the municipality's zoning or building control unit. Therefore, property owners need to correctly determine which document to obtain from which administration.

For example, documents confirming the identification of a building as risky can be obtained from the Urban Transformation Directorate; demolition permits from the municipality; electricity, water, and natural gas disconnection documents from the relevant subscription companies; and debris disposal documents from the municipality or authorized waste management units.

What happens after obtaining a demolition permit?

Once a demolition permit is obtained, the actual demolition process must be carried out safely. A demolition permit does not mean that demolition can be carried out in any way. The demolition must be carried out in accordance with the conditions specified in the permit, environmental safety regulations, occupational health and safety measures, protection of neighboring structures, and principles of technical responsibility.

Before demolition, the building must be completely evacuated to ensure that no people, belongings, or animals are inside. A safety cordon should be established around the area, necessary precautions should be taken regarding neighboring structures and roads, the location for the removal of debris should be determined, and a written contract should be signed with the demolition company.

Demolition of adjacent buildings requires much greater care. Damage to the building on the neighboring plot may result in liability for damages to the owner, the demolition company, and the technical supervisors. Especially in cities like Istanbul, where there is a high concentration of old buildings, protecting the foundations of neighboring buildings, shared walls, infrastructure lines, and pedestrian safety during demolition is of paramount importance.

What happens if a demolition permit isn't obtained?

Once a building is definitively identified as risky, owners are given a period of no more than ninety days to evacuate and demolish the building. If the building is not evacuated and demolished within this period, the administration will notify the owners that the building will be evacuated and demolished by administrative authorities.

If the owners do not obtain a demolition permit and do not demolish the building within the specified time, the authorities may take further action. For risky buildings not demolished within the deadline, the suspension of electricity, water, and natural gas services may be considered. Furthermore, evacuation and demolition operations may be carried out or commissioned by the local administrative authority with the support of law enforcement.

In this case, demolition costs can be collected from the property owners in proportion to their shares. Demolition carried out by the administration may be more expensive or less predictable than demolition carried out by the property owners themselves. Furthermore, it may create a risk of collection proceedings as a public debt.

Therefore, delaying the demolition permit process after a building has been identified as risky is generally not in the owners' best interest. If there is a suspicion of illegality, instead of delaying or obstructing the process, legal action and a stay of execution should be sought within the prescribed time.

Can a lawsuit be filed against a demolition permit or the demolition process itself?

If the demolition permit or the demolition process is unlawful, those concerned can file a lawsuit in administrative courts. However, there are two important points here. Firstly, the time limit for filing a lawsuit is short. According to Ministry sources, lawsuits against administrative actions taken under Law No. 6306 can be filed within thirty days of the date of notification.

Secondly, filing a lawsuit does not automatically stop the demolition. The fact that a lawsuit has been filed against the risk assessment process or the demolition decision does not prevent the administration from carrying out its actions unless the court issues a stay of execution or annulment order. Therefore, if the risk of demolition is imminent, the request for a stay of execution should be clearly and strongly stated in the lawsuit petition.

Some situations in which a lawsuit can be filed against a demolition permit include: issuing a demolition permit before the risk assessment of the building is finalized, issuing a permit for the wrong building, issuing a demolition permit before the building is evacuated, issuing a permit without fulfilling the condition of shutting off electricity, water, and natural gas, not appointing a structural engineer when the building height requires it, issuing the demolition permit by an unauthorized administration, and not properly informing the heirs or interested parties.

However, abstract allegations alone are not sufficient in the legal process. Relevant documents, notifications, land registry records, risk assessment reports, eviction notices, utility subscription statuses, and technical reports must be submitted to the file.

Tenants' Situation During the Demolition Permit Process

Obtaining a demolition permit means the building must be physically vacated. Therefore, the situation of tenants is particularly important in the demolition permit process. If a tenant resides or operates a business in the building, issuing a demolition permit before the eviction process is complete can create legal problems.

The tenant has the right to know whether the property is actually in a risky building phase. However, if the risky building assessment is finalized and the eviction and demolition process has begun, it is often impossible for the tenant to continue living in the building based on the lease agreement. This is because eviction is based not only on the landlord-tenant relationship but also on public safety grounds.

In return, the tenant retains rights such as the security deposit, advance rent, relocation assistance, rent assistance applications, change of business address (if applicable), and transfer of commercial records. The tenant must document the handover of keys in writing, determine the final meter readings, and keep written records of requests for the security deposit and unused rent.

Things Property Owners Should Pay Attention to During the Demolition Permit Process

Property owners must first confirm that the building's risky status has been finalized during the demolition permit process. Proceeding with the demolition process based on an unconfirmed risk assessment may create legal disputes later on.

Secondly, it must be documented that all users have been vacated. If there are tenants, business occupants, doormen, or other actual users in the building, the eviction process must be completed with written documentation. Whether any belongings remain inside, the handover of keys, the cancellation of subscriptions, and the eviction date must all be recorded in a report.

Thirdly, all necessary documents for disconnecting electricity, water, and natural gas must be obtained. Without these documents, the demolition permit application may be incomplete.

Fourthly, the demolition company must be carefully selected. The demolition work must be carried out by a licensed, experienced, and insured company; and occupational safety and environmental safety measures must be taken. Liability for compensation may arise if damage is caused to third parties during the demolition.

Fifthly, planning for the post-demolition process is necessary. Demolition is not the end of urban transformation. After demolition, processes such as land share, construction contract in exchange for land, contractor selection, new building permits, rental assistance, and land share sales come into play.

The Most Common Mistakes in the Demolition Permit Process

The most common mistake in practice is assuming that the demolition process has begun before the risky building has been definitively identified. Even if a risky building assessment report has been prepared, the appeal and finalization processes should be checked.

The second mistake is thinking that the signatures of all property owners are required for a demolition permit. Current regulations allow for a demolition permit to be issued within six working days without requiring the consent of all property owners, provided the necessary conditions are met.

The third mistake is leaving the subscription cancellation process until the last minute. Without proper documentation confirming the disconnection of electricity, water, and natural gas services, the demolition permit process may be delayed.

The fourth mistake is to plan for demolition without completely evacuating the building. The presence of people or belongings inside creates serious legal and practical problems.

The fifth mistake is assuming that filing a lawsuit automatically stops the demolition. The administration can proceed with its actions unless there is a stay of execution or an annulment order. Therefore, a separate request for an urgent stay of execution should be included when filing the lawsuit.

The sixth mistake is failing to plan the post-demolition construction process. After a building is demolished, the property becomes a plot of land, and the economic interests of the owners are then shaped by their land share, contractor contract, and the new project.

Conclusion

In urban transformation projects, a demolition permit is the official authorization document required to demolish a building in a legally compliant, safe, and verifiable manner after the building has been definitively identified as a risky structure. Demolition carried out without a demolition permit can result in administrative, technical, and legal liabilities.

Under Law No. 6306, property owners of risky buildings are given a period of no more than ninety days to demolish their structures. If the building is not vacated and demolished within this period, the administrative authorities may initiate the evacuation and demolition process.

According to current regulations, a demolition permit is issued within six working days upon application by one or more of the building owners or their representatives, provided that the building has been evacuated and the electricity, water, and natural gas services have been shut off (or this has been documented in a report by the administration), and, if necessary, a structural engineer has been appointed, without requiring the consent of all owners.

Therefore, the demolition permit process in urban transformation should not be seen simply as obtaining a document from the municipality. The finalization of the risky building decision, eviction, cessation of utility subscriptions, technical responsibility, demolition safety, tenants' rights, the possibility of litigation, and the potential for injunctions must all be considered together.

A properly managed demolition permit process prevents property owners from facing unnecessary administrative costs, debt collection, damage to neighboring buildings, tenant disputes, and contractor contract problems. A poorly executed process, however, can lead to the halting of demolition, compensation lawsuits, administrative sanctions, and delays in the urban transformation project. Therefore, once a building is deemed risky, the demolition permit phase should be carried out with technical and legal support, in a documented and planned manner.