Objection to the Risk Assessment Report

According to Law No. 6306 on the Transformation of Areas Under Disaster Risk, unhealthy areas and structures that are still inhabited despite their deterioration must be renovated, improved, or demolished. Furthermore, according to the regulation of the same name under Law No. 6306, risk assessments will be conducted for risky areas and structures. However, legal representatives and owners of risky structures have the right to appeal against decisions that identify them as risky.

Reasons for objection to the risk assessment report

• Buildings under construction, uninhabited buildings, and buildings whose structural integrity has been compromised due to derelict or other reasons are not subject to risk assessment.
• The decision of the licensed organization that assessed the risky building is nullified if it lacks, subsequently loses, the necessary technical materials, equipment, or personnel.
• This refers to claiming that a structure that is not at risk is structurally sound. In this case, obtaining specialized reports from universities or other qualified individuals and organizations can lead to faster results.
• This refers to situations where samples taken from the construction site or core are taken from incorrect locations or floors. In such cases, the technical committee's examination results in a decision to accept or reject the appeal.

Those who can object to the risk assessment report

Those who can object to a risk assessment report are the owners or legal representatives of the risky building. Even if individuals with ownership or personal rights to the risky building are notified, they do not have the right to object to the risk assessment report.

Objection period

Owners or their legal representatives may object to the determination of a building as risky by submitting a petition to the "Provincial Directorate" in the location of the risky building within 15 days of receiving notification of the information recorded in the land registry section due to the risky building determination report.

competent court

Objections to the risk assessment report are also handled by the competent administrative courts. Property owners or their legal representatives, instead of pursuing the objection route, may file an annulment lawsuit in accordance with Article 6 of Law No. 6306, within 30 days of the notification or learning of the risk assessment to the rights holders, pursuant to Law No. 2577 on Administrative Procedure.

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