Petition for Assessment of Building Damage Caused by Earthquake and Expenses Required for Restoration to the Building

TO THE DUTY CIVIL COURT OF PEACE

ISTANBUL

REQUESTING PERSON : Name and Surname - (Turkish Republic Identity Number: …) - Address

ATTORNEY : Lawyer's Name and Surname - Address - Telephone Number

THE OTHER SIDE : …

SUBJECT : Assessing Building Damage Due to Earthquake

EXPLANATIONS:

1. My client suffered great hardship in the earthquake disaster that occurred on [date] and plunged our entire country into mourning. The building he owns, located in [Province], [District], [Neighborhood], [Plot Name], [Island Name], [Parcel Name], was severely damaged by the devastating effects of the earthquake. My client barely escaped with his life amidst the fear and panic he experienced during the earthquake, but is left helpless in the face of the damage to this valuable property.

2. Initial inspections following the earthquake revealed significant cracks and fractures in the building's load-bearing columns and beams. Additionally, crumbling walls, collapsed ceilings, and other structural damage were observed. The building is unusable in its current state and poses a significant risk to life and property.

3. My client applied to the relevant authorities after the earthquake, requesting a damage assessment. However, due to the high volume of applications and bureaucratic obstacles, they have not yet received an official damage assessment report. This uncertainty further exacerbates my client's hardship and prevents them from making plans for the future.

4. My client is considering pursuing legal action against the contractor responsible for the building's construction. However, to effectively and accurately defend their rights, an independent and impartial expert must assess the building's current condition and the cost of repairs. This assessment will strengthen my client's position in the compensation lawsuit and help them prove their case.

5. Therefore, it has become necessary to file this declaratory judgment lawsuit on behalf of my client. We request that your court conduct the necessary investigations to determine the current condition of the building and the cost of repairs, and that an expert report be prepared. This report is of great importance in redressing my client's grievances and protecting their rights.

EVIDENCE:

1. The building's title deed and condominium title deed,
2. The building's construction project and architectural plans,
3. Photographs and videos showing the damage to the building after the earthquake,
4. Expert examination and report, if deemed necessary.

LEGAL GROUNDS:

Turkish Civil Code, Turkish Code of Obligations, Turkish Earthquake Regulations and related legislation.

CONCLUSION AND REQUEST:

For the reasons stated above;

1. To determine the damage caused by the earthquake that occurred on …/…/… in the building located in … Province, … District, … Neighborhood, … plot, … block, … parcel,
2. To determine all the repair and reinforcement works necessary to restore the building to its original condition, and to ascertain the total cost of these works (including materials, labor, etc.),

I respectfully request and demand that the necessary action be taken.

…/…/…

Attorney requesting the investigation

Lawyer's Name and Surname Signature