The Problem of Neighboring Buildings Not Included in Urban Transformation

1. Introduction: Why is a "Neighboring Building Not Included in Urban Transformation" a Big Problem?

In Türkiye, the risk of earthquakes has made urban transformation a necessity, especially in large cities. Many apartment buildings want to be demolished and rebuilt after obtaining a risk assessment report under Law No. 6306. However, in practice, the following situation frequently arises:

Your building is going to be included in urban transformation,
A majority has been secured, an agreement has been reached with the contractor, and the project has been drawn up
The neighboring building next door says, "I'm not going to participate in the transformation."

This problem becomes even more striking, especially in buildings constructed in close proximity, in narrow streets, and in the old neighborhood fabric. The failure of the neighboring building to participate in the transformation;

It can affect the project's architecture and licensing process
Excavation and foundation work can increase the risk of cracks and damage to neighboring buildings
This can also affect the earthquake safety of your new building,
In the long run, it leads to social and legal disputes.

In this article, the "problem of neighboring buildings not included in urban transformation"within the framework of legislation, implementation, and practical solutions, in a way that is understandable to citizens but also on a legally sound basis.

2. Typical Forms of the Problem

2.1. One-Sided Transformation in Adjacent Apartment Buildings

The most common scenario is this: There are two adjacent apartment buildings on the same street. Building A undergoes a risk assessment, initiates the transformation process under Law 6306, reaches an agreement with a contractor, and wants to be demolished and rebuilt. Building B, next door, however, does not participate in the transformation due to economic reasons, lack of safety, or the belief that "my building is structurally sound.".

This situation gives rise to the following problems:

There is a risk that the foundation and load-bearing system of building B may weaken during the demolition of building A
Technical aspects of the new building such as facade, fire safety, and wall details,
If building B also needs to be demolished in the future, there will be compatibility issues between the two projects.

2.2. Different Blocks on the Same Plot

Some housing complexes have multiple blocks on the same plot. For example, in a complex with blocks A, B, and C, only block A wants to undergo urban transformation, while the other blocks oppose it. In this case:

Who will use common areas, parking lots, gardens, retaining walls, and similar elements, and how they will be used,
What the management plan says,
Whether a decision on transformation for a block can be made through general assembly resolutions

This becomes a problem. In these disputes, both the Condominium Law and Law No. 6306 should be considered together.

2.3. Relationship Between Detached Houses and Apartment Buildings

Two plots of land might be side-by-side; one could contain a detached house, the other an apartment building. The apartment building wants to undergo urban transformation, while the owner of the detached house says, "I'm happy with how things are." In this situation:

Excavation depth and retaining wall,
To prevent rainwater and surface water from damaging the neighboring plot,
Factors such as privacy, view, and sunlight

These could turn into legal debate topics.

3. Which Legislation Applies? (Legal Framework)

Understanding this problem requires considering multiple laws and regulations together. The general framework can be summarized under the following headings:

3.1. The Foundation of Urban Transformation: Law No. 6306

The main framework of urban transformation projects is established by Law No. 6306. This law regulates the process of identifying, evacuating, demolishing, and rebuilding risky buildings.

Key points:

Buildings can be identified as risky through applications from property owners or via an independent process .
Once the decision regarding a building's risk is finalized, implementation is carried out in accordance with the decision taken by a certain majority of the owners.
Special, accelerated procedures are provided for the evacuation and demolition processes.

But let's make this clear:

If the building on the neighboring plot doesn't have a risky building designation, it doesn't automatically fall into the same transformation process simply because your building is included.

Therefore, in order to force a neighboring building, which is not included in the urban transformation project, to participate, a separate risk assessment process would also need to be carried out for that building.

3.2. Zoning Law and Zoning Regulations

The height, setback distances, floor area, fire safety, and similar technical requirements of the new building zoning regulations . If the neighboring building does not undergo transformation, the municipality;

He checks the new project against the neighboring building,
It looks at criteria such as fire walls, windows, and light-air gaps
You may request renovations or revisions if needed.

During the licensing process, objections, complaints, and applications made to the municipality within the framework of zoning law become important.

3.3. Neighborhood Law (Turkish Civil Code)

The rights and obligations of property owners towards each other arising from their neighborly relations are regulated in the Civil Code. Within this framework;

The obligation not to cause excessive damage to a neighbor when using a property
The obligation to prevent damage to a neighbor during works such as excavation, foundation, and retaining wall construction
Obligations to tolerate in cases of necessity

This comes to the forefront. Since urban transformation is ultimately a construction activity, these general neighborhood regulations apply directly.

3.4. Turkish Code of Obligations: Liability for Torts and Contracts for Work

A contractor undertaking construction work within the scope of urban transformation is obligated to avoid causing damage to both the property owner and neighboring properties.

Due to excavation or construction, in the neighboring building:

Crack, wall separation,
Essentially, settlement, weakening of the column-beam,
Moisture, water leakage

If damages such as these occur, the neighbor can claim these damages tort liability . In addition to the contractor, in some cases the landowners may also be included in the liability.

3.5. Condominium Law

With regard to blocks on the same plot, decision-making mechanisms in apartment buildings/complexes operate within the framework of the Condominium Law. Issues such as management plans, general assembly decisions, and the use of common areas directly influence urban transformation discussions.

For example, if one block wants to undergo transformation while other blocks oppose it, serious disputes can arise regarding the common areas of the parcel

4. What happens if the neighboring building doesn't want to participate in the transformation?

4.1. Can the Neighboring Building Be Forced to Undergo Transformation?

The general rule is this:

A neighboring building, which has not undergone an independent risk assessment and has no specific administrative decision regarding it, cannot be forcibly included in the same project simply because there is an urban transformation project in the adjacent building.

However, in practice, the following approaches may come into play:

Requesting a risk assessment for the neighboring building as well ,
The relevant authorities (Ministry of Environment, Urbanization and Climate Change, municipalities, etc.) can initiate the risky building process ex officio
Island/parcel-based transformation planning with a broader designation of risky areas or reserve building areas

If these decisions are made, neighboring building owners may also be subject to the mechanism in Law No. 6306. However, this requires a technical report, administrative procedures, and often a lengthy planning process.

4.2. Risks Arising from Partial and Piecemeal Conversion

When the neighboring building does not participate in the transformation;

While your building was constructed to withstand earthquakes according to the new regulations,
The old building right next door continues to pose a seismic risk.

A neighboring building that is likely to collapse during an earthquake can pose a danger not only to its own owners but also to your new building and its residents . Furthermore;

Fire escape,
Joints and seams on shared facades,
Escape routes from the road

This also creates risks. Therefore, the fact that the neighboring building does not participate in the transformation is a problematic situation in the long run in terms of urban planning and life safety

5. Damage to Neighboring Buildings During Excavation and Construction Processes

During urban transformation projects, when a building is demolished and a new one is constructed, the following complaints often arise in the neighboring building:

Fine or deep cracks in the walls,
Doors and windows getting stuck or not closing properly
Separations at the base and ceiling joints,
Moisture, water leakage, dampness,
Weakening of shared walls.

In this situation, neighboring building owners need to follow a systematic approach to protect their rights.

5.1. Pre-Construction Procedures: Evidence Gathering and Photo/Video Recording

Neighboring building owners should take the following steps, if possible, before construction begins:

Taking detailed photographs of the interior and exterior of the apartments
Taking video recordings if necessary,
To keep these documents dated,
If possible, request the court to conduct an on-site investigation and have the current state of the building documented by an expert

The collected evidence becomes a very powerful means of proof in a future compensation lawsuit; it substantiates the claim that "these cracks did not exist before construction.".

5.2. Complaint and Warning Mechanisms During Construction

While construction was underway, the owners of the neighboring buildings:

Sending written warnings to the contractor, the site manager, and the landowner .
Submitting a complaint to the municipality stating "My building is being damaged due to construction,"
If necessary, apply to the Provincial Directorate of Environment, Urbanization and Climate Change

It is possible. Upon receiving a complaint, the administration can conduct an inspection and, if necessary, decide to halt construction, make modifications to the project, or take additional measures.

5.3. Possibility of Filing a Compensation Claim

If it is proven that the neighboring building was damaged due to construction, the owners of the neighboring building:

Financial compensation (cost of repairs, depreciation, etc.),
If appropriate, compensation for non-pecuniary damages (excessive noise, fear, anxiety, serious impairment of quality of life)

They can file a lawsuit with that claim.

The case usually involves;

Contractor,
The contracting company,
In some cases, the lawsuit may be filed against the landowners.

The expert examination will determine the amount and cause of the damage; a causal link will be crucial for the success of the case.

6. Rights and Obligations of Neighboring Buildings Not Included in Urban Transformation

6.1. The Right of the Neighboring Building to Refuse to Participate in the Transformation

Legally, every owner has the freedom to make their own decisions regarding their building. Neighboring building owners;

Economic reasons,
Trust issues,
Family or personal reasons

They may choose not to participate in urban transformation for this reason. This choice alone does not constitute "illegal".

However, this freedom also has its limits:

The decision not to proceed with the transformation must not jeopardize the safety of neighboring properties or the public.

If a building that poses a serious earthquake risk remains untouched for years simply due to the owners' unwillingness to take action, this can eventually become a safety issue requiring proactive intervention from the authorities

6.2. Obligation to Tolerate Excavation and Construction Works of the Neighboring Building

In neighborhood law, there is an obligation to tolerate certain disturbances . If a licensed construction project is underway on an adjacent plot, in accordance with zoning regulations, the owners of the neighboring building must tolerate a certain level of noise, dust, and temporary disturbances.

However, this obligation to tolerate is not unlimited:

Endangering building safety,
Creating constant, excessive noise and vibration,
Causing serious damage to a neighboring property

The activities exceed the tolerable limit. In this case, the neighboring property owner can resort to legal action, including issuing a warning.

6.3. Responsibility of the Adjacent Building in Terms of Earthquake Risk

In earthquake-prone regions, the presence of old and structurally unsound buildings poses a risk not only to the owners of those buildings but also to everyone in the surrounding area.

The neighboring building;

Even if it doesn't undergo a transformation to reduce its own risk
If the new building on the adjacent plot poses a risk of collapse that could affect its users,

The authority of the administration to supervise and intervene comes into play. Through applications to the municipality, governorship, and provincial directorates, processes such as static analysis and risk assessment of neighboring buildings can be initiated

7. If Your Building Undergoes Transformation While Your Neighboring Building Doesn't: Practical Roadmap

Now, let's summarize the most frequently asked question in practice, step by step. Let's assume that:

A risk assessment report has been obtained for your building
The majority of property owners decided on the conversion
You signed a contract with the contractor,
But the neighbors in the building next door say, "We are not participating in the transformation.".

What course of action can be taken in this situation?

7.1. Technical and Legal Preliminary Study

First, a technical and legal analysis should be carried out in collaboration with experts:

The architect and civil engineer, and the impact of the neighboring building on the new project,
Excavation depth, retaining wall and foundation system,
Fire safety and regulatory provisions,
The structural condition and potential risks of the neighboring building should be assessed.

From a legal standpoint as well:

Your parcel status,
Your management plan (if it's a site),
Current zoning regulations and planning decisions should be reviewed.

7.2. Reconciliation and Information Sharing with Neighbors

The process compromise . To the neighboring building owners:

Technical reports,
Earthquake risk,
Advantages they can gain if they undergo conversion (increase in value, new apartment, parking, elevator, etc.)

It should be explained in clear and calm language.

In some cases, the contractor may also submit a bid for the neighboring building under reasonable terms, enabling the simultaneous renovation of both buildings. This is an ideal solution both from an urban planning perspective and to prevent future technical disputes.

7.3. Applications to the Administration

If the neighboring building absolutely refuses to undergo transformation and is considered to pose a significant structural risk:

Council,
Provincial Directorate of Environment, Urbanization and Climate Change
The Ministry if necessary

Applications can be made to the relevant authority. These applications request that the neighboring building also be inspected and, if necessary, that the risk assessment process for the building be initiated.

The administration, based on the complaints and applications received;

You can conduct an inspection of the building
You can request a technical report
If necessary, it can initiate proceedings on its own initiative regarding the risky structure/its fate.

7.4. Protecting Neighbors' Rights During the Construction Process

When your building undergoes renovation, to minimize potential disputes with neighboring building owners:

Photo/video recordings should be kept before construction begins
The process of gathering evidence should be evaluated
Necessary safety measures (shoring, retaining walls, curtain walls, etc.) must be taken at the construction site
Maximum attention should be paid to noise levels and working hours
Claims for damages should be handled promptly and constructively.

These measures both reduce the risk of compensation claims and protect neighborly relations.

8. Frequently Asked Questions

8.1. Can we force the neighboring building to undergo urban transformation?

Not just your project alone. A separate risk assessment process or administrative decision (such as designating the area as a risky zone or reserve building area) is required for the neighboring building. These processes are carried out through administrative and technical reports.

8.2. If cracks appear in the neighboring building due to our construction work, who will be responsible?

Generally, the contractor and, in some cases, the landowners are held liable. A neighboring property owner may file a compensation lawsuit. Therefore, evidence gathering, a sound structural design, and serious technical precautions on site are essential.

8.3. We think the neighboring building is very risky, what can we do?

You can apply to the municipality, the provincial directorate, and if necessary, the Ministry to request an inspection of the building, a structural integrity report, and the initiation of the risky building process. The authorities can also take action on their own initiative if there is an objective earthquake risk.

8.4. Will our building permit be revoked because the neighboring building did not undergo transformation?

Whether the permit will be revoked depends on the project's compliance with zoning regulations. If the presence of a neighboring building creates technical obstacles in terms of fire safety, setback distances, or shared wall details, the municipality may request modifications to the project or revise the permit. This is entirely subject to technical and structural review.

9. Conclusion: How Should the Problem of Neighboring Buildings Not Included in Urban Transformation Be Managed?

“The problem of neighboring buildings not included in urban transformation” is not a simple issue that can be summarized in a single sentence. On the one hand;

While earthquake safety and value appreciation are the goals for your building,
On the other hand, the neighboring building has the freedom and property rights not to participate in the transformation.

These two areas often conflict. To manage the problem:

Technical analysis is essential: A team of architects and engineers must assess the impact of the neighboring building on the project.
The legal framework must be properly established: Law No. 6306, zoning regulations, neighborhood provisions, and liability for damages must be considered together.
Reconciliation with neighbors should always be the first choice: Informative meetings, transparent and honest negotiation, and mutual concessions often yield results faster than legal proceedings.
Applications to the relevant authorities should not be neglected: For neighboring buildings deemed to be at high risk, official applications can be made to the relevant authorities to ensure the process is handled by public authorities.
Evidence gathering and proof strategy should not be forgotten: Photographs, videos, and expert reports will be decisive in potential compensation claims.

In conclusion, urban transformation is not merely a demolition and reconstruction process; that integrates legal, technical, and human relations . Even if a neighboring building does not participate in the transformation, it is possible to proceed with the process in a friendly manner, without losing rights, by planning it correctly.

If you are facing such a problem, seeking professional help from both technical experts and a lawyer experienced in urban transformation can prevent irreparable damage and lengthy lawsuits in the future.

municipal law, zoning law, Zoning Act, urban transformation, risky building

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