What Happens If the Building Classification Decision is Final? Evacuation, Demolition, Property Rights, and the Urban Transformation Process

If a building is deemed at risk, what are the procedures for evacuation, demolition, electricity, water, and gas cutoffs, rental assistance, property owner's decision, sale of land shares, and litigation? A comprehensive legal guide under Law No. 6306

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What does it mean when the decision regarding a building being at risk becomes final?

The finalization of a risky building designation is the stage at which a building legally acquires "risky building" status under Law No. 6306 on the Transformation of Areas Under Disaster Risk, and evacuation, demolition, reconstruction, and urban transformation processes related to this status become applicable. In other words, if the owners do not object within the specified time after the risky building determination, or if the objection is rejected by the technical committee, the risky building determination becomes final.

This stage is one of the most critical turning points in the urban transformation process. Because before the risky building designation is finalized, property owners can more effectively utilize avenues such as appealing the report, having a technical committee review, and filing an administrative lawsuit for annulment. However, once the decision is finalized, the building is considered risky in terms of life and property safety by the administration. Therefore, it is deemed impossible for the building to continue being used normally; the evacuation and demolition process is initiated.

The Urban Transformation Directorate's statements regarding the risky building process also indicate that if no objection is raised against the risky building assessment, or if the objection is rejected, the assessment becomes final, and in this case, the eviction and demolition notification process will be initiated. Notification is carried out by posting a notice on the building, notifying the owners via e-Government, and announcing it at the local administrative office for fifteen days. The eviction and demolition process is considered to have been served to the property and personal rights holders on the last day of the announcement at the local administrative office.

Therefore, the finalization of a risky building decision is not merely the acceptance of a technical outcome. Finalization signifies the beginning of a new legal process involving the land registry, administration, municipality, owner, tenant, contractor, electricity, water and natural gas companies, and, if necessary, law enforcement authorities.

Under what circumstances does a building classification become final?

A building designation as risky becomes final in two main ways. Firstly, if no objection is filed within the prescribed time limit. After the building owners and rights holders are notified of the risky building designation through the procedures stipulated in the legislation, the designation becomes final if the building owners or their legal representatives do not object within the specified period.

Secondly, the technical committee may reject an appeal filed within the prescribed time limit against the risky building assessment. In this case, the risky building assessment becomes final. The technical committee's review checks whether the risky building report complies with technical standards. If the technical committee finds the report satisfactory, the administrative process then moves to the evacuation and demolition phase.

It is important to note that the appeal period and the lawsuit filing period are different. The administrative appeal period against the determination of a risky building is 15 days. In contrast, the lawsuit filing period against administrative actions taken under Law No. 6306 is 30 days from the date of notification. The Ministry of Environment, Urbanization and Climate Change's frequently asked questions section also states that lawsuits against administrative actions under Law No. 6306 can be filed within 30 days.

Therefore, property owners acting on the principle of "I haven't objected yet, but I'll look into it later" can lead to serious loss of rights. Once the risky building assessment is finalized, the administration has the authority to carry out evacuation and demolition procedures.

First Stage After Finalization: Evacuation and Demolition Notice

Once the decision deems a building at risk is finalized, the directorate requests the relevant administration to issue the necessary evacuation and demolition notices and to demolish the building. At this stage, a notification process is initiated for the owners and rights holders. In current practice, notification regarding evacuation and demolition for risky buildings is done by posting the relevant report on the building, notifying the owners via e-Government, and announcing it at the local administrative office for fifteen days. Buildings requiring evacuation are also announced on the Directorate's website for fifteen days.

This notification system differs from traditional postal service. Therefore, property owners should not simply wait for postal notifications to arrive at their homes. They should follow the official notice posted on the building, the announcement from the local administrative office, the e-Government notification, and the announcement on the Presidency's website. The last day of the announcement from the local administrative office can be considered the notification date for both property and personal rights holders.

The eviction and demolition notice is not merely for informational purposes. Along with the notice, owners are obligated to evacuate and demolish the building within the specified time frame. Once a building is definitively deemed risky, it is considered unsafe, and the authorities have the power to request its evacuation and demolition.

Evacuation and Demolition Period Given for Risky Buildings

Once a building is deemed at risk, owners are given a period of time to vacate and demolish the building. Currently, this period cannot exceed ninety days. The Urban Transformation Directorate's statements also indicate that the administration will give owners up to 90 days for evacuation and demolition, and if the demolition is not completed by the end of this period, the administration will conduct necessary inspections and may request the suspension of electricity, water, and natural gas services.

This period is crucial both for the owners to vacate the building and for organizing the demolition. Demolition requires obtaining a demolition permit from the municipality or relevant authority, disconnecting the building's electricity, water, and natural gas subscriptions, physically vacating the building, contracting with a demolition company, and taking necessary demolition safety precautions.

An important point here is that once a building is definitively deemed risky, the owners do not need to unanimously agree on its demolition. The İzmir Provincial Directorate of Environment, Urbanization and Climate Change also states in its urban transformation Q&A that the demolition of buildings definitively deemed risky is a mandatory provision of the law, and that owners do not need to make a separate decision or reach an agreement regarding demolition.

Therefore, the opposition of some property owners to the demolition does not, by itself, stop the demolition process after the risky building designation has been finalized. If the dissenting property owners have legal objections, they must raise them within the prescribed time and through the correct legal channels.

What happens if the building is not evacuated?

If the owner, tenant, or other users fail to vacate the building after a risky building designation is finalized, the authorities may take coercive measures. First, the authorities may request that relevant institutions and organizations cease providing services such as electricity, water, and natural gas to the risky building. According to the Urban Transformation Directorate, if demolition has not been carried out by the end of the period given to the owners, the authorities will inspect the building's condition; if demolition still hasn't occurred, they will notify the relevant institutions to terminate electricity, water, and natural gas services.

Suspending these services is a measure aimed at preventing continued use of the building at risk. Continuing to reside in a building with a confirmed risk assessment could endanger not only the owners but also tenants, neighbors, third parties in the surrounding area, and public safety.

In the case of risky buildings that have not been evacuated, evacuation and demolition can also be carried out by administrative authorities with the support of law enforcement. The Urban Transformation Directorate states that if the owners do not carry out the demolition within the specified time, the evacuation and demolition process can be carried out by the administration, with the support of law enforcement if necessary. Furthermore, the costs of evacuation and demolition carried out by the administration can be collected from the owners in proportion to their shares.

Therefore, delaying the evacuation process after a building has been identified as risky often results in disadvantages for the owner. The owner may face administrative demolition costs and lose bargaining and planning power in the transformation process.

How to Obtain a Demolition Permit?

Once a building is definitively deemed risky, a demolition permit is required before it can be demolished. However, there are special facilitations regarding demolition permits for risky buildings covered under Law No. 6306. According to the Urban Transformation Presidency, upon application by one or more of the owners or their legal representatives, if it is documented or determined by the administration that the building has been evacuated and the electricity, water, and natural gas services have been cut off, a demolition permit can be issued within six working days without requiring the consent of all owners.

This regulation is of great importance in practice. Because in apartment buildings with many owners, it is often not possible for every owner to sign the demolition permit. Some owners are seen to refuse to sign in order to obstruct the process, increase their bargaining power with the contractor, or put pressure on other owners. The system of Law No. 6306 allows for the issuance of demolition permits for risky buildings without requiring the consent of all owners, in order to prevent delays in the process.

However, caution should be exercised when obtaining a demolition permit. Factors such as the complete evacuation of the building, the cancellation of utility subscriptions, environmental safety, the impact on neighboring structures, the competence of the demolition company, the debris removal process, and demolition insurance should be considered. Furthermore, legal and criminal liability may arise if damage is caused to third parties during the demolition.

Who is responsible for the demolition costs?

Once a building is deemed at risk, demolition costs are generally the responsibility of the owners. If the owners demolish the building themselves, the demolition company's fees, permit procedures, debris removal, perimeter safety, and similar expenses are covered according to an agreement between the owners.

However, if the owners fail to vacate and demolish the structure within the given time frame, the administration may proceed with the eviction and demolition. In this case, the costs will be collected from the owners in proportion to their shares. The Urban Transformation Directorate's statements indicate that the eviction and demolition costs incurred by the administration will be passed on to the owners in proportion to their shares, and these receivables will be collected in accordance with the provisions of Law No. 6183 on the Collection Procedure of Public Receivables.

This situation is important from the property owner's perspective. Because the cost of demolition carried out by the authorities may be higher than the cost of demolition organized by the property owners themselves. In addition, facing a collection process that constitutes a public debt may lead to additional enforcement consequences for the property owners.

Therefore, once a building is identified as risky, it would be healthier for the owners to organize the demolition without delay, to put the costs in writing, and, if possible, to carry out the demolition under their own control.

What happens to the tenant when a building is confirmed to be at risk?

When a building is deemed unsafe, not only the owners but also the tenants are affected in terms of legal and factual status. Since the building is no longer considered safe, it is not possible for the tenant to continue living in the building based on their lease agreement. The eviction and demolition process is carried out on grounds of public safety, independently of the owner-tenant relationship.

The most important thing for a tenant is to learn about the eviction process in a timely manner and to also evaluate their rights. Tenants can make claims based on their lease agreement with the landlord regarding issues such as the return of the deposit, the amount of rent paid in advance, moving expenses, and, if it's a business, compensation for interruption of commercial activity. They should also investigate, if applicable, any relocation or rental assistance provided to tenants under urban transformation projects.

However, as a rule, it is not possible for a tenant to object to a building designation as a risky structure as if they were the owner. The right to object to a building designation as risky is primarily granted to the building owners and their legal representatives. Tenants should primarily pursue legal avenues regarding eviction, the lease agreement, applications for assistance, and claims for damages, if any.

The process can be more sensitive for commercial tenants. The eviction of a business due to a structural risk can have serious consequences for its operations, customer base, licenses, tax records, employees, and inventory. Therefore, commercial tenants need to organize their new premises and assess their rights under the existing contract with the landlord during the eviction period.

Is it possible to receive rental assistance once a building is confirmed to be at risk?

When a building is deemed at risk and the evacuation and demolition process begins, owners, tenants, or holders of limited real rights may benefit from rental assistance or other support under certain conditions. Rental assistance is a support mechanism aimed at reducing the temporary housing or relocation costs of rights holders during the urban transformation process.

The Urban Transformation Directorate's website includes information on the process related to the evacuation and demolition of risky buildings, including guides for applying for rental assistance and sections on financial support. Once a building is definitively deemed risky, owners and tenants should carefully check the application deadlines, required documents, and types of assistance available.

The most common mistake regarding rental assistance is missing the application deadline or submitting an application with incomplete documents. In practice, required documents may include title deeds, identification information, eviction notice, residence certificate, rental agreement, bank account information, demolition information, and an application form. The application must be submitted in accordance with the applicant's status as owner, tenant, or holder of limited real rights.

Furthermore, whether support such as rental assistance and interest subsidies can be used simultaneously should be evaluated according to the specific type of application. Therefore, when a building is identified as risky, focusing solely on evacuation and demolition is insufficient; applications for financial support must also be submitted on time and with accurate documentation.

Is strengthening a building possible once it's confirmed to be at risk?

Once a building is deemed risky, the general rule is demolition. However, in some cases, strengthening may be an option. The Urban Transformation Directorate states in its explanations regarding the risky building process that strengthening or demolishing buildings definitively deemed risky is a mandatory consequence of Law No. 6306.

Strengthening is not a suitable option for every building. First, it must be demonstrated that the structure is technically suitable for strengthening. A strengthening project must be prepared, the necessary majority of owners must be secured, a permit must be obtained from the relevant authority, and the strengthening work must be completed in accordance with the regulations.

Strengthening is a viable option, particularly for structures with high architectural value, where strengthening is more economically feasible, or where demolition would present significant technical challenges. However, in practice, the strengthening process can be more technical and delicate than demolition and reconstruction. This is because, after strengthening, the building's safety must be verified in accordance with relevant regulations.

If property owners are considering reinforcement, they must expedite the technical report, owner's decision, project, and permit processes without missing the evacuation and demolition deadlines after the risky building designation is finalized. Otherwise, the authorities may proceed with the demolition process.

What is the legal status of the property after demolition?

After a risky building is demolished, the building disappears and the property effectively becomes a vacant plot of land. At this stage, the title deed, land shares, owners' stakes, floor easement or condominium ownership status, the new construction project, and the contractor's contract become important.

Demolition does not completely terminate the property rights of the owners. Owners retain their shares in the land. However, since the actual existence of the independent unit has ended, the decision-making process regarding how the new building will be constructed begins. In this process, the owners' land share ratios, the distribution of independent units in the new project, the selection of a contractor, the construction contract in exchange for a share of the completed building, permits, zoning status, and the financing model become decisive factors.

The passive attitude of property owners after a risky building is demolished can lead to serious problems. Because the property remaining as an empty plot after demolition can cause economic loss, property tax issues, security problems, risk of encroachment, disputes with neighboring plots, and internal property disputes.

Therefore, even before a building is definitively deemed risky, property owners should evaluate the new building model, alternative contractors, contract terms, land share balance, and financing plan. The most sound approach is to prepare the transformation strategy from the risky building identification stage, not after the demolition has taken place.

How do property owners make decisions about a new building?

Once the building is deemed risky and the demolition process begins, the most important issue for the property owners is how the plot will be developed. Will a new building be constructed? Will a construction contract be signed with a contractor in exchange for a share of the completed building? Will the owners finance the construction themselves? Will the land shares change? How will the independent units be divided? The answers to these questions depend on the owners' decision.

Under Law No. 6306, if unanimity cannot be reached regarding new applications, certain transactions can be decided by a simple majority of the owners in proportion to their shares. The Urban Transformation Presidency's statements also indicate that in applications such as new construction or the renovation of risky buildings, if unanimity cannot be reached, decisions can be made by a simple majority based on the land share/share ratio; and the shares of owners who do not participate in the decision may be subject to sale according to the procedure in the law.

The key point to note here is that the majority is calculated not by the number of owners, but by the ratio of shares or land portions. For example, in an apartment building with ten owners, six owners might appear to be the majority in terms of the number of people, but a simple majority might not be achieved in terms of land share. Conversely, a small number of owners with a high land share can be decisive in the decision-making process.

The decision of the landowner must be in writing, its content must be clear, and landowners who do not agree with the decision must be duly notified. Otherwise, subsequent land share sales, contractor contracts, or permit processes may become subject to litigation.

Will the land shares of owners who do not agree with the decision be sold?

After a building is definitively deemed at risk and a new development decision is made by a simple majority of the owners, the sale of the land shares of owners who did not agree with this decision may come onto the agenda. This sale is a special sales process specific to Law No. 6306. The Urban Transformation Presidency explains that if owners who did not agree with the simple majority decision do not review or accept the offer, their shares may be sold through an auction process; the initial sale will, as a rule, be among the shareholders who agreed with the decision; and under certain conditions, third parties may also be involved in the process.

The most important issue at this stage is properly notifying the landowners who do not agree with the decision. The landowners should be informed of the decision and the terms of the agreement reached by a simple majority; they should also be shown where they can review the terms of the contract and the offer. Notification can be made through a notary public or by posting it at the local administrative office. Electronic notifications and e-Government notifications are also important in practice.

Determining the fair market value is also critically important in the sale of land shares. If the value of the share to be sold is determined to be too low, the owner who does not agree with the decision may suffer serious economic losses. Therefore, valuation reports, comparable sales, zoning status, the equivalent of an independent unit in a new project, the land share ratio, and market conditions should be carefully examined.

A property owner who disagrees with the decision cannot be considered acting in bad faith simply because they are opposed. Legal action can be taken if the majority decision is unfair, if the contractor's contract contains harsh terms unfavorable to the property owner, if the division of independent units is inequitable, or if the valuation is too low. However, these applications must be made within the prescribed time limit and with concrete evidence.

Can a lawsuit be filed once a building is definitively deemed at risk?

Whether a lawsuit can be filed after a risky building designation is finalized depends on which action is being challenged. If the time limit for filing a lawsuit against the risky building designation has not yet expired, the owner can file an annulment lawsuit in the administrative court. However, filing a lawsuit alone does not stop the eviction and demolition process. Ministry statements indicate that filing a lawsuit against the risky building designation or demolition decision does not prevent the execution of administrative actions unless a stay of execution or annulment decision is issued.

Therefore, a request for a stay of execution must be made separately and strongly when filing a lawsuit. For a stay of execution to be granted, the action must be clearly unlawful and its implementation must cause irreparable harm. In cases involving risky buildings, since demolition would have irreversible consequences, it is crucial to substantiate this condition.

If the deadline for filing a lawsuit against a risky building assessment is missed, subsequent actions can still be subject to legal review. For example, procedures such as eviction/demolition, sale of land shares, valuation, owner's decision, contractor's contract, title deed transactions, or expropriation can be subject to separate legal scrutiny according to their specific legal nature. However, failure to file an objection or lawsuit within the prescribed time limit against the risky building assessment may weaken the owner's legal position in subsequent processes.

When should a contractor contract be drawn up?

When a building is deemed at risk, one of the most critical decisions for property owners is whether or not to sign a contract with a contractor. In practice, many buildings begin negotiations with contractors even before the risky building designation is finalized. This may be practically correct, because time pressure increases once the decision is finalized and the demolition process begins.

However, the contractor's contract should not be rushed. Construction contracts based on land share or building in exchange for a share of the property affect the most important economic rights of the owners. This contract should clearly regulate the sharing of independent units, square footage, delivery time, delay penalties, rent assistance, relocation costs, technical specifications, licensing and occupancy permit obligations, title transfer, security deposit, defective workmanship, and termination provisions.

It would be a huge mistake for property owners to act on the assumption that "it will be demolished anyway, let's sign quickly" once the building's status as a risky structure has been confirmed. This is because their bargaining power may decrease after the building is demolished. Therefore, contractor selection should begin at a preparatory level before the decision is finalized; however, the contract should not be signed without undergoing technical, financial, and legal scrutiny.

What Property Owners Should Do When a Building is Confirmed to Be at Risk

Once the building is deemed at risk, the owners must first determine the date the decision was finalized and the date the evacuation and demolition process began. The official report posted on the building, the announcement from the local administration, the e-Government notification, administrative documents, and any technical committee decisions must be filed.

Secondly, an evacuation and demolition plan must be prepared. Communication should be established with the building's owners or tenants to ensure utility subscriptions are cancelled, a demolition permit is obtained, and an agreement is reached with a demolition company.

Thirdly, the application requirements for rental assistance or other support should be researched. Application deadlines should not be missed, and all documents should be prepared completely.

Fourthly, a meeting of the property owners should be held to discuss how the new building will be constructed. At this meeting, contractor proposals, the distribution of independent units, the balance of land shares, technical specifications, guarantees, and delivery timelines should be evaluated.

Fifthly, the process must be managed correctly with the dissenting landowners. Failure to properly notify the dissenting landowners of the offer may invalidate the future sale of land shares and the contract process.

Finally, if there are opportunities for legal action or appeal, deadlines should not be missed. Even if a building has been definitively declared risky, necessary applications should be made if the evacuation and demolition procedures or subsequent actions are unlawful.

The Most Common Mistakes When a Building is Confirmed to Be at Risk

The most common mistake in practice is assuming that the process will proceed automatically once finalization. However, property owners need to actively participate in matters such as eviction, demolition, rental assistance, new construction decisions, and contractor contracts.

The second mistake is assuming that the consent of all owners is required for demolition. Once a building is definitively deemed risky, demolition is a mandatory consequence of the law. However, the consent of all owners is not always required for a demolition permit.

The third mistake is thinking that filing a lawsuit will automatically stop the demolition. Unless there is a stay of execution or an annulment order, filing a lawsuit does not automatically prevent the proceedings from continuing.

The fourth mistake is signing the contractor's contract without having it legally reviewed. The consequences of deficiencies in the contract can be much more severe after the building collapses.

The fifth mistake is delaying applications for rental assistance. In the rush of evictions and demolitions, applications for financial support can be forgotten.

The sixth mistake is failing to review the valuation report during the land share sale process. If the shares of dissenting owners are sold at a low price, serious economic losses may occur.

Conclusion

Once the decision deems a building at risk is finalized, the urban transformation process enters a new and more binding phase. Since the building is now considered risky by the authorities, the evacuation and demolition process begins. Owners are given a period not exceeding ninety days to evacuate and demolish the building. If the building is not evacuated or demolished within this period, the following measures may be implemented: the cessation of electricity, water, and natural gas services; evacuation and demolition by administrative authorities with the support of law enforcement; and the collection of demolition costs from the owners in proportion to their shares.

The finalization of the decision does not eliminate the owners' property rights; however, it terminates the actual use of the building and initiates the process of reassessing the property. After demolition, the owners' shares in the land become important. Issues such as how the new building will be constructed, the selection of a contractor, the construction contract in exchange for a share of the building, the distribution of land shares, the division of independent units, and the sale of the shares of owners who did not participate in the decision come to the fore.

Therefore, property owners should not remain passive when a risky building decision is finalized. The eviction and demolition process, applications for rental assistance, legal action and injunctions, contractor contracts, property owners' meetings, and the sale of land shares must all be managed together. A properly managed process can ensure that property owners acquire a safer and more economically valuable building. A poorly managed process, however, can result in unjustified demolition costs, the sale of undervalued land shares, incomplete contracts, unfinished construction, and lengthy lawsuits.

In conclusion, the finalization of the risky building designation is not the end of urban transformation, but one of the most critical starting points. Every action taken at this stage directly affects the owner's future property rights and economic interests. Therefore, the processes of eviction, demolition, aid applications, owner's decision, and contracts after the finalization should be carried out with technical and legal support.