Risk Assessment Phase in the Urban Transformation Process

The legal backbone of this massive and multi-stakeholder process is Law No. 6306 on the Transformation of Areas Under Disaster Risk, which divides the process into specific stages. The first of these stages, the first link in the domino effect and the legal basis for all subsequent legal, administrative, and financial procedures, is the "Risk Assessment Stage.".

Building risk assessment is the process of determining, using scientific methods, whether a structure can technically withstand the loads of a potential disaster or earthquake. However, this process is not merely a technical operation completed in a laboratory. When issues of authority, who will bear the high costs, restrictions on property rights, and legal challenges to these assessments come into play, the process transforms into a complex legal spiral.

This article examines this first and most vital phase of urban transformation, its power sharing, financial obligations, technical implementation principles, and administrative/judicial appeal mechanisms, with academic depth and systematic rigor, yet in a clear language easily understandable to any citizen unfamiliar with the subject.

1. Legal and Technical Definition of the Concept of Risky Building

Before delving into the details of the process, it's necessary to clarify what constitutes a "risky building" under the law. According to the definition in Law No. 6306, a risky building is a structure, whether located within or outside a risky area, that has completed its economic lifespan or has been determined, based on scientific and technical data, to be at risk of collapse or severe damage.

The most important nuance here is this: A building does not necessarily have to be located within a large, designated "Risky Area" (earthquake zone, landslide area, etc.) to be declared risky. Even a single apartment building in a modern neighborhood with the safest ground in the city can be registered as a risky structure on its own if the quality of materials is insufficient or it has reached the end of its structural lifespan. Technically, this means that the compressive strength of the concrete (verified by core tests), the corrosion rate of the reinforcing steel, and the characteristics of the ground on which the building sits fall below the standards of the current Turkish Building Earthquake Regulations.

2. Authority Issue: Who Can Request and Conduct Risk Assessment of Buildings?

In law, "authority" is the first element considered for a process to be valid. Processes initiated by an incorrect or unauthorized person or institution can lead to the collapse of the entire system in subsequent stages and their annulment by the courts. In the risk assessment phase, authority has two dimensions: the authority to apply and the authority to make the assessment.

Application Authority: Who can initiate the process?

The process of assessing whether a building is at risk can, as a rule, be initiated by the building's owners (apartment owners) or their legal representatives . A very flexible rule has been introduced here to protect property rights: a simple majority (50 percent plus one) or a two-thirds majority of the building's owners is not required. Even a single owner of an apartment or shop in the building has the authority to initiate the risk assessment process by applying to the relevant authorities independently, without the consent or permission of their neighbors.

So, what happens if property owners know their buildings are at risk but choose not to leave their homes or apply for an assessment due to financial difficulties? In this case, the administration intervenes, in accordance with the principles of public interest and safety. The Ministry of Environment, Urbanization and Climate Change, or the Municipality it authorizes, may give property owners a period of time to have the building inspected. If the property owners do not act within the given time, the administration, using its public authority, will enter the building on its own initiative and conduct the assessment itself or have it conducted. In this case, the property owners' legal right to say, "This is my private property, you cannot enter," is eliminated.

Authority to Review and Prepare Reports: Who Conducts the Tests?

Citizens cannot declare their buildings risky by hiring an engineer and preparing a standard report on their own. For the report to be legally valid, the institution conducting the assessment must be licensed by the Ministry. The authorized institutions are as follows:

• The regional branches (Provincial Directorates) of the Ministry of Environment, Urbanization and Climate Change,

• Municipalities and provincial special administrations authorized by the Ministry,

• Civil engineering departments of universities,

• Private construction inspection firms and engineering consulting companies that have officially received a "Risk Assessment License for Buildings" from the Ministry.

Reports prepared by private firms are not directly registered in the land registry; these reports must ultimately be reviewed and approved by the administration (Ministry or authorized municipality), thus acquiring the status of an official "administrative act".

3. Financial Aspect: Expenses and Financial Liabilities

The most unsettling aspect of urban transformation, and the one that pits neighbors against each other, is the financial process. Determining the risk status of a building requires significant engineering effort and cost, including core sampling, laboratory tests, X-rays, and the use of static modeling software.

Who pays the application fees?

If a building risk assessment is carried out by a privately licensed firm upon the personal application of a homeowner, the costs of this assessment the homeowner who made the application . However, this does not mean that the other homeowners are completely relieved of the cost. In later stages, when the building risk assessment report is finalized, the homeowner who made the application has the legal right to claim (reimburse) the cost of this assessment from the other homeowners in proportion to their land shares. This is because the process involves an expense related to the safety of the common property and benefits all homeowners.

Costs of Investigations Made Ex Officio by the Administration

In cases where property owners do not apply for risk assessments, and the administration (ministry or municipality) compels them by setting a deadline, the initial costs are covered by the public budget. However, the state does not grant this expense as a grant. After the administrative process is completed, the total assessment cost is distributed among all property owners in proportion to their land shares and officially notified as a debt. If this debt is not paid, the state can place a lien on the property owners' deeds or collect the debt through enforcement proceedings under the Law on the Collection Procedure of Public Receivables. Therefore, avoiding the process does not mean avoiding the cost.

4. Technical Process: The Basis of the Inspections Conducted in the Building

At the academic level, the validity of identifying risky buildings is strictly dependent on the accuracy of the applied scientific principles. Engineers from the authorized firm cannot conduct a random inspection when they arrive at a building; they must strictly adhere to the "Principles Regarding the Identification of Risky Buildings" regulation published by the Ministry of Environment, Urbanization and Climate Change.

Fieldwork and Sampling (Core Drilling)

The technical team first determines the geometry of the building's existing load-bearing system (columns and shear walls). Then, concrete samples (cores) are taken from the floor considered to be the most at-risk, usually the ground floor or basement. Regulations strictly specify the minimum number of core samples that must be taken, depending on the number of floors and the area of ​​the building. X-ray scans are performed to examine the condition of the reinforcing steel inside the columns, to determine if the steel is rusted (corrosion), and to ascertain whether the stirrup reinforcements, which are vital during an earthquake, are present. In addition, seismic soil survey reports are prepared to understand the structure of the ground on which the building sits.

Computer Modeling and Reporting

The data collected from the field (concrete strength, quantity and quality of rebar, soil class) is loaded into specialized engineering software that creates a three-dimensional static model of the building. This software applies a hypothetical earthquake load to the building. If the building exceeds the settlement or severe damage limit under this load, a technical report stating "The Building is at Risk" is prepared by the engineers and submitted to the administration for approval.

5. Notification Stage and Commencement of the Legal Redress Period

The moment the prepared technical report is reviewed and approved by the administration, a legal bomb will have its pin pulled. The administration will then notify the relevant Land Registry Office of this approval decision.

Title Deed Annotation and Its Meaning

The land registry office adds a note to the property's title deed stating , "This is a risky building according to Law No. 6306." This note is a legal warning that instantly reduces the property's market value and alerts third parties that "this building is unsafe and will be demolished." After the note is added, the apartment can be sold or transferred, but the new buyer is considered to have accepted that the building is risky and will be demolished.

The Vital Importance of Notification

The land registry office is obligated to notify all holders of real and personal rights in the building (all apartment owners, and mortgage holders, if any) of this annotation via official notification. The notification is sent by post to the owner's last known address or is received through an electronic notification system.

The day this notification reaches the owner is the starting point for the legal process (timelines) for citizens who wish to defend their property rights or challenge the report. Proceeding to the next stages without notification, or with improperly served notifications, legally invalidates the entire process.

6. Appeal Mechanism: Administrative and Judicial Resistance Against the Report

The approval of a risk assessment report and its registration in the land registry does not automatically mean the building will be demolished. A state governed by the rule of law grants property owners a two-stage right to defend themselves and appeal against this severe administrative action: an administrative appeal and a judicial (administrative litigation) process.

A. Administrative Appeal Stage (Mandatory Initial Filter)

If a property owner who has been notified of a building's risk assessment believes that their building is actually sound, that the samples were taken incorrectly, or that there were errors in the calculations, 15 days . This appeal should be submitted to the Ministry's Provincial Directorates of Infrastructure and Urban Transformation, not to the institution that approved the report.

Structure and Role of the Technical Committee: The body reviewing the appeals is not composed of ordinary bureaucrats. In accordance with the law, an independent "Technical Committee" is established, consisting of seven members: four faculty members from universities specializing in civil engineering, geology, or geophysics, and three experts from the ministry.

The technical team examines the engineering calculations in the file. If deemed necessary, they may request that new samples be taken from the building. The technical team has two options:

1. Acceptance of Appeal: If the committee finds an error in the report, it will revoke the risky building designation, the annotation on the title deed will be removed, and the building will return to its previous status.

2. Rejection of Appeal: If the committee determines that the report is accurate, it will reject the appeal. With this rejection, the determination of the building as risky becomes final from an administrative perspective. There is no further avenue for appeal to the administrative authorities.

B. Judicial Stage: Annulment Case in the Administrative Court

Following the technical committee's rejection, the only option left for property owners who haven't lost hope is to take the matter to court. An "Annulment Lawsuit" must be filed with the Administrative Court within 30 days of the date the technical committee's rejection decision is served to the property owner .

The most critical elements in this legal process are as follows:

• Jurisdiction and Authority: The lawsuit is filed against the Ministry of Environment, Urbanization and Climate Change in the competent Administrative Court of the geographical region where the building is located.

• Request for Suspension of Execution (SD): As emphasized in previous sections, filing a lawsuit in administrative court does not automatically stop the administration's demolition procedures. Therefore, a request for "Suspension of Execution" must be included in the lawsuit petition. If the court does not grant a SD order, the municipality can demolish the building while the lawsuit is ongoing.

• Forensic Expert Examination: It is contrary to scientific principles to expect the court judges to understand the structural integrity of the building. The court appoints a new expert panel from independent universities. This panel visits the building and conducts a thorough examination from scratch. If the court's experts determine that the building is not at risk, the court completely annuls the risky building report.

7. Legal Consequences Arising from the Finalization of the Risk Assessment Report for Buildings

When the administrative appeal period is missed or administrative lawsuits filed are dismissed, the risky building assessment report becomes legally "final." The finalization of the report marks the moment when public pressure on property rights reaches its peak and initiates irreversible administrative processes.

Commencement of Demolition and Evacuation Schedule

Once the report is finalized, the relevant municipality or administration gives the owners at least 60 days to vacate and demolish the building . The building must be vacated within this period. If the owners do not agree to demolish the building themselves, the administration grants them a second extension (usually less than 30 days). If the demolition still does not occur within this extended period, the municipality cuts off the building's electricity, water, and natural gas services, evacuates the building using police measures, and physically demolishes the structure with heavy machinery. The demolition costs are again collected from the owners.

Transitioning to the Decision-Making Phase with a Simple Majority

Before a building is officially declared a "risky structure," unanimous or very high majority votes are required under the Condominium Law for any renovations or decisions regarding the building. However, this rule ceases to apply once the building is officially designated as a "risky structure." Now, a simple majority vote (50 percent plus one) of the owners is sufficient to make decisions about the building's future (agreement with a contractor, sale of shares, the form of a new project). Owners in the minority risk having their land shares sold at auction to other owners if they do not comply with the majority decision.

Conclusion: The Intersection Point Between Personal Safety and Property Security

In the urban transformation process, the risk assessment phase is far more than just a technical engineering report; it is the most sensitive stage where property rights and public safety interests clash and are balanced on a legal basis. The legislator, by granting even a single property owner the authority to initiate this process, has prioritized public safety over property bureaucracy; however, by granting property owners a 15-day period for administrative appeals and a 30-day period for filing lawsuits, the legislator has also created a judicial safeguard against potentially arbitrary or erroneous decisions by the administration.

To prevent citizens from suffering losses, being overwhelmed by expenses, and most importantly, experiencing irreparable property damage during this process, it is essential that they are well-informed about the limits of authority, legal deadlines, and their technical rights. A properly and legally conducted risk assessment phase is the first and most indispensable step in both protecting individuals' constitutional rights and building resilient cities where a society facing the reality of earthquakes and disasters can look to the future with confidence.