What is Risk Assessment of Buildings?

1. Introduction: The Reality of Earthquakes and the Need for Risk-Free Buildings

Turkey is located in an earthquake zone, and a significant portion of its major cities have an old and deteriorating building stock. Many buildings were not designed according to current earthquake regulations; they pose serious risks in terms of soil conditions, structural systems, and material quality. This is "risk assessment" comes into play.

Identifying buildings at risk:

This is not just an administrative decision taken for the sake of the "urban transformation" label,
It is a legal transaction that directly affects personal safety, property rights, rental relationships, and investment decisions .

The purpose of Law No. 6306 on the Transformation of Areas Under Disaster Risk is to implement a preventive transformation process in areas under disaster risk and in risky structures outside these areas, before loss of life and property occurs.

This article will address the questions "what is risky building assessment, who can have it done, how does the process work, and what are the rights to appeal and sue?" from a legally sound and practical perspective

2. Legal Framework: Law No. 6306 and its Implementing Regulation

Basic regulations regarding the identification of risky buildings:

Law No. 6306 on the Transformation of Areas Under Disaster Risk,
Implementing Regulation of Law No. 6306,
The "Principles for Identifying Risky Buildings (Annex-2)" attached to the regulation ,
Instructions and circulars from the General Directorate of Land Registry and Cadastre, particularly Circular No. 2024/1

In addition to these:

Regarding the impact of risk assessment of buildings on lease agreements, the Turkish Code of Obligations...
In terms of decision-making processes in buildings subject to condominium ownership, the Condominium Law applies.
The Turkish Civil Code is also important in terms of property rights, land registry, and limited real rights

The legal nature of a building designation as risky an administrative act . Therefore, lawsuits filed against a building designation as risky are, as a rule, annulment lawsuits filed in administrative courts .

3. The Concept of Risky Building: Simply Being an "Old Building" Isn't Enough

According to legislation a building is considered riskybased on technical data:

Having reached the end of its economic lifespan or
Buildings that are at high risk of collapse or severe damage in the face of disasters such as earthquakes.

It is defined as a structure.

The critical point here is this:

The fact that a building is very old is not sufficient on its own to classify it as a risky structure; the main criterion is the seismic performance of the load-bearing system and the risk level revealed in the technical report.

Identifying buildings at risk:

Can be used on its own,
Covered,
It is possible to enter it,
Structures that people use for sitting, working, resting, entertainment, and worship
Structures used to protect animals and property

It can be done about it.

Therefore, not only residences but also workplaces, warehouses, barns, and public buildings can be subject to risk assessment. It is possible to conduct a risk assessment for public buildings, register the risk in the land registry, and then initiate the demolition or transformation process.

4. Who can commission a risk assessment of a building?

4.1. Owners and Legal Representatives

General rule: Risk assessment of buildings is primarily carried out upon application by the building owners or their legal representatives.

According to the Implementing Regulations:

In buildings subject to condominium ownership, each co-owner can apply individually; unanimous or majority vote is not required.
In cases of condominium ownership or land share deeds, the application is submitted by the land share holder who is actually the owner of the building.
In cases of co-ownership with multiple owners, an application from a single owner is sufficient to initiate the process.

Although in practice there may sometimes be hesitation due to concerns about "leaving other apartment owners uninformed," the legislator has deliberately the application of a single owner sufficient , as the matter directly concerns life safety.

4.2. Determination by the Presidency and Administration Ex Officio

With these changes, the identification of risky buildings is no longer solely dependent on the owner's application. The amendment to the Implementing Regulation that the Urban Transformation Presidency or the authorized administration (municipality, provincial special administration, etc.) can also conduct risky building identification ex officio .

This situation is particularly:

In sites with numerous independent units,
In buildings where there are serious disagreements among the owners,
In structures requiring urgent intervention for reasons of public order and life safety

It allows the administration to take initiative.

5. Application Stage: Applying to a Licensed Organization

5.1. Selection of a Licensed Organization

Risk assessment of buildings institutions and organizations licensed . These are generally:

Engineering firms,
Building inspection organizations,
They are institutions like universities that have technical expertise.

In the application:

A photocopy of the title deed of the property where the building is located
Identity information,
Power of attorney (if the application is made through an agent),
Building plans and, if available, previous permits, structural plans, etc.

Documents such as these are submitted. In practice, technical inspections can be carried out even on old buildings where project plans and permits are missing; however, it is important to submit all available documents for the report to be prepared accurately.

Practical advice: Instead of focusing solely on the lowest bidder, property owners should also investigate the firm's experience, technical staff, and the number of reports previously approved by the management

5.2. Technical Review and Field Studies

The licensed organization shall act in accordance with the principles set forth in Annex-2 of the Implementing Regulations:

The architectural and structural designs of the building are examined,
An on-site inspection is carried out, and the structural elements (columns, beams, shear walls, foundations) are observed
If concrete samples need to be taken, core samples are taken and reinforcement is identified
Ground conditions are assessed; if available, soil surveys for the area are examined
All this data is evaluated using computer programs to calculate the building's seismic performance.

At the end of the study, the structure "risky" or "risk-free," and a detailed technical report is prepared.

5.3. Uploading the Report to the System and Submitting it to the Administration

The prepared report is transmitted to the relevant administration via electronic software (e.g., systems similar to ARAAD) determined by the Presidency.

Administration:

It checks its conformity to the shape and technical specifications
We may request additional information or corrections if necessary
If deemed appropriate, the building officially designated as a risky structure .

6. Title Deed Annotation: "Risky Building" Declaration and its Consequences

6.1. Entering Risky Building Status in the Declarations Section

The administration notifies the land registry office of the risky building assessment. The land registry office then enters the following information in the declarations section of the property, in accordance with the circular:

"This building is at risk according to Law No. 6306. ... date and ... journal entry"

A statement like this is processed.

The consequences of this statement are:

Transactions involving real estate (sale, mortgage, donation, etc.) become public knowledge
Buyers, lenders, and other third parties see the risky building status
It has a direct impact on property value and bargaining power.

After a building is demolished, in order to cancel the declaration on the property that has become vacant land, an application must be made to the administration or the land registry with the documents related to the demolition; new procedures following the cancellation will continue to be carried out within the scope of the Law No. 6306.

6.2. Notification and Objection Period

The decision regarding a building being at risk is communicated to the owners simultaneously with the title deed registration process. The notification states that an objection can be filed against the risky building assessment within a certain period (15 days in practice) from the date of notification.

The time limit begins to run from the date of proper notification. If notification cannot be made, methods such as notification by public announcement may be used. Therefore, it is vital that the owners' address information is up-to-date.

7. Appeal and Annulment Lawsuit Regarding the Determination of a Building as Risky

7.1. Administrative Appeal: Technical Review May Be Reconducted

The first step against the identification of a building as risky an administrative appeal . In practice, appeals are evaluated by a technical board/commission within the Ministry or the Urban Transformation Presidency.

In the objection:

Previous reinforcement work has been carried out on the building,
Various engineering reports,
Technical objections regarding measurement and calculation errors

It can be argued. Upon objection:

The current report can be re-evaluated
Further investigation may be conducted
Further on-site investigation or laboratory work may be requested if necessary.

If the appeal is accepted at the administrative stage, the risky building decision may be revoked; if rejected, the administrative decision becomes final and the judicial process begins.

7.2. Annulment Case in the Administrative Court

After exhausting all administrative appeal procedures (or directly, depending on the specific case), an annulment lawsuit can be filed in the administrative court against the determination of a building as risky.

Here are the things to keep in mind:

The deadlines are calculated from the date of notification; therefore, the notification document must be kept carefully.
The lawsuit is filed against the administration that determined the building to be at risk.
The lawsuit petition must address both the grounds for administrative law violations (authority, form, reason, subject matter, purpose) and technical objections
In practice, courts often request a new expert examination or a technical university opinion.

Filing a lawsuit to annul the proceedings does not stop the process; however, for a stay of execution can be made. If this request is granted, demolition and evacuation procedures related to the risky building may be halted until the lawsuit is concluded.

8. Eviction and Demolition Process: Timelines, Decisions, Forced Demolition

8.1. Eviction Period Granted to Property Owners

Once the building is deemed at risk, the Implementing Regulation stipulates that owners are given a period of at least 60 days to vacate and demolish the building. During this period:

By agreement among themselves,
They had the structure demolished,
If necessary, they are expected to negotiate with the contractor to determine the terms of the new building.

The notice sent to property owners also reminds them that notice of eviction must be given to the tenant or holder of limited real rights who are actually using the building. If the property owner fails to give notice, the administration may give this notice directly to the tenant or rights holder.

8.2. Forced Demolition and Reimbursement of Costs

Within the given time:

If evacuation and demolition do not take place,
The authorities forced demolition .

In this situation:

Demolition costs will be collected from the property owners
If necessary, legal action can be taken by establishing a mortgage on the property or by means of seizure
The land resulting from the demolition continues to be subject to the regulations under Law No. 6306.

In the forced demolition process, the biggest problem in practice is usually the "resistance" of some property owners and the intertwining of administrative procedures and criminal law aspects (e.g., breaking of seals, preventing demolition, etc.).

9. Decision-Making Among Owners: 2/3 Majority and Minority Rights

In the process of identifying a risky building, not only the demolition itself what will be done afterwards is just as important as the demolition. Law No. 6306 addresses risky buildings:

The new construction method,
Contractor selection,
Distribution of land shares and independent units

It stipulates that decisions on such matters can be made by a 2/3 majority of the owners .

This majority:

Based on land share,
The calculation is made taking all independent units into account.

The decision is communicated to the minority owners. Minority owner:

They may have to agree with the decision,
The possibility of transferring the share to other owners at a reasonable price may be considered
If the conditions are met, an appeal can be filed against the decision through the courts.

From the perspective of protecting minority property owners, it is vital that the valuation is objective and up-to-date , that the equivalent value of independent units is determined fairly, and that the process is conducted transparently

10. Tenants and Holders of Limited Real Rights: Rent Assistance and Eviction

Determining the risk of a building's construction directly affects not only the owners but also those who live in the building as tenants or have limited real rights within it.

10.1. Eviction Process and Status of Lease Agreements

After the building is deemed at risk:

Tenants are expected to vacate the property within the notice period
The existing lease agreements are no longer valid due to the impending demolition of the building.

From the perspective of the Turkish Code of Obligations, even if the lease agreement appears to be in effect, the necessity of demolishing the building may necessitate the adaptation or termination . The parties may agree as follows:

You can terminate the contract
Solutions such as partial discounts or waiving rent until the moving date can be explored.

10.2. Rent Assistance and Relocation Assistance

In accordance with the procedures and principles determined by the Ministry under Law No. 6306:

To the owners,
To the tenants,
To holders of limited real rights

Support may be provided in the form of rent assistance, relocation assistance, or loan/interest support.

These supports generally include:

Risk assessment decision for buildings,
Documents regarding his/her release,
You need to apply to the governor's office or the relevant directorate with documents such as your identity card and title deed/lease agreement.

11. The Impact of Risk Assessment on Real Estate Transactions

11.1. Sales, Transfers and Mortgage Transactions

A property with a "risky building" designation can be sold, donated, or mortgaged; the law does not prohibit these transactions. However:

Because the buyer saw the "risky building" annotation in the title deed declarations section,
We operate with an awareness of the risks and the potential for future demolition
This situation directly affects the purchase and sale price and the balance of negotiation.

If the seller conceals the existence of a risky building restriction or misleads the buyer, they may face legal consequences such as defective performance , termination of the contract , or a price reduction

11.2. Tax and Fee Exemptions

Certain procedures carried out under Law No. 6306 are exempt from fees and taxes. This is especially true in the process of demolishing and rebuilding risky buildings:

Title deed fee,
Notary fees,
Stamp duty

Exceptions may arise in items such as these.

To benefit from these exemptions, the transaction must be linked to the transformation process under Law No. 6306, and all relevant administrative correspondence must be complete.

12. Frequently Asked Questions in Practice

12.1. “Our building is old but sturdy, could it still be risky?”

The fact that a building is simply "old" is not sufficient grounds for a risky building designation. However:

It was built according to the old earthquake regulations,
Poor concrete quality,
The presence of signs such as corrosion and cracks in the load-bearing system

In this case, the risk of a negative outcome increases. Technical analysis makes the final decision; not subjective opinion.

12.2. “Can a Building Found to Be at Risk Be Strengthened Without Being Demolished?”

Yes, the legislation also allows for the strengthening of buildings identified as risky structures . To do this:

Preparation of strengthening projects,
Obtaining approval from the administration,
The application needs to be reviewed.

However, for some buildings, reinforcement may not be economically viable; in such cases, demolition and reconstruction are considered more rational.

12.3. “Can one of the owners unilaterally prevent the identification of a building as risky?”

No. While a single owner can apply and initiate the process, the administration can continue the risky building process even if a majority cannot reach a decision. The 6306 system prioritizes safety over the unanimous consent requirement among owners.

12.4. “What are my rights as a tenant?”

Tenant:

There should be a reasonable timeframe for the evacuation,
If eligible, they should be able to benefit from rent assistance and relocation assistance
They should not be unfairly deprived of compensation under pressure to vacate.

for tenants to use written documentation, and to keep all administrative correspondence and notifications they receive.

12.5. “What Strategy Should Be Followed Against the Identification of Risky Buildings?”

If you believe a report is technically flawed, you should definitely an alternative engineering opinion .
Don't miss the deadlines for administrative appeals and lawsuits
If there are multiple property owners, come together and determine a common strategy
If possible, seek professional help from a lawyer experienced in urban transformation projects.

13. Conclusion: Identifying Risky Buildings Can Be an Opportunity, Not a Threat

Although identifying risky buildings is initially associated only with "demolishing the building," when managed correctly:

It provides life safety against earthquake risk
Older and less valuable buildings are replaced by safer and more valuable structures
It can create long-term economic value for the owners
It offers safer living spaces for tenants.

But for this to happen:

A good understanding of the legislation,
Ensuring that processes are conducted in accordance with the law,
The timely exercise of the right to appeal and sue,
Establishing a negotiation environment among the property owners that is as transparent and fair as possible

is necessary.

In short, identifying risky buildings is not an end in itself; when legally structured correctly, it is a transformation process that protects, and even enhances, both lives and property values . In this process, addressing both the technical and legal aspects together, and supporting each stage with written documentation, will be your strongest safeguard in any future disputes.

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