What is Risk Assessment of Buildings and How is it Done?

Identifying a building as risky is the most important and often the first stage of the urban transformation process. A risk assessment refers to the technical inspection conducted to determine whether a building poses a risk to life and property due to earthquakes, soil conditions, structural integrity, material quality, age, or technical deficiencies. If the building is determined to be risky as a result of this assessment, the urban transformation process begins.

Although risk assessment of a building may seem like a purely technical process, it has significant legal consequences. If a building is determined to be risky, this is recorded in the land registry, the owners are notified, an appeals process begins, and if the assessment is finalized, the eviction and demolition phase begins. Therefore, risk assessment of a building directly affects the property rights of the owners, the usage rights of the tenants, the contracts to be made with the contractor, and the future of the building.

To avoid losing rights during the urban transformation process, it is crucial to carefully understand how risky building assessments are conducted, who can apply, how the assessment report is finalized, what rights property owners have, and when the appeal period begins.

What is a risky building?

A building is considered risky if it has reached the end of its economic lifespan or if a technical inspection determines that it is at risk of collapse or severe damage. The fact that a building is old is not sufficient to classify it as risky. For a building to be considered risky, a technical inspection must be carried out by authorized institutions or organizations, and a report must clearly demonstrate that the building poses a risk.

In a risk assessment of a building, the structural system, concrete quality, reinforcement status, soil effects, age of the building, compliance with the project, condition of columns and beams, seismic performance, and similar technical elements are examined. If the building is found to be unsafe as a result of this examination, a risk assessment report may be issued.

Risk assessment can be carried out for a single apartment building, a block within a complex, an office building, a detached house, or a commercial structure. In other words, it is not necessary to declare the entire neighborhood or region a risky area for urban transformation to begin. The transformation process can be initiated by conducting a risk assessment on a single building.

What is the purpose of identifying buildings at risk?

Risk assessment serves to determine whether a building is safe. However, beyond that, it constitutes the legal starting point of the urban transformation process. Once the risk assessment is finalized, the evacuation and demolition process for the building begins. Owners are then obliged to decide whether the property will be rebuilt or otherwise utilized.

This assessment is of great importance for life safety, especially in earthquake-prone regions. Determining that a building is at risk aims to prevent owners and users from continuing to live in an unsafe structure.

However, identifying a building at risk can also lead to the initiation of urban transformation processes, even if some property owners do not want it. Therefore, the assessment report must be prepared correctly from both a technical and legal perspective. Objections must be filed within the prescribed time limit against incorrectly or incompletely prepared risk assessment reports.

Who can apply for a Risk Assessment of a Building?

One of the owners can apply for a risk assessment of the building. It is not mandatory for all owners to apply together. Even the owner of a single independent unit in the apartment building or complex can apply for a risk assessment.

This is important in practice because in some buildings, not all owners may agree on urban transformation. Some owners may want the building renovated while others may not. However, since whether the building actually poses a risk is also linked to public safety, the assessment process can be initiated with an application from a single owner.

The application can be made by the owner themselves or through their legal representative or agent. If the application is made through an agent, all necessary authorization documents must be prepared completely.

Where can I get a building risk assessment done?

Building risk assessment is carried out by licensed institutions and organizations. Not every engineering firm or building inspection company can perform building risk assessment. For the assessment to be valid, the process must be carried out by an authorized and licensed organization.

Before applying, it should be checked whether the organization is authorized to conduct risk assessments of buildings. Reports prepared by unauthorized individuals or organizations may not have legal effect.

Properly conducting risk assessments of buildings is crucial, particularly in terms of preventing future objections and lawsuits against the report. Reports not prepared in accordance with regulations by the authorized body can cause serious problems in the urban transformation process.

What documents are required for a risky building assessment?

When applying for a risk assessment of a building, the following documents are usually required: title deed, applicant's identification information, power of attorney (if applicable), building address information, and application form. If architectural or structural plans of the building are available, these documents may also be helpful for the review process.

The documents required in each specific case may vary depending on the institution to which the application is made. The absence of project plans is a common issue, especially in older buildings. The lack of a project plan does not prevent a risk assessment of the building; however, the technical inspection may be carried out using different methods.

During the application process, the property's title deed information, independent unit status, owner information, and building address must be provided accurately. Incorrect or incomplete information may cause delays in the process and notification problems.

How are buildings at risk identified?

Identifying a building as risky is carried out through an inspection by a team of expert technical personnel. This inspection evaluates the building's load-bearing system, columns and beams, concrete quality, reinforcement status, number of floors, ground effects, and the overall condition of the structure.

If deemed necessary, samples may be taken from the building, core tests may be performed, reinforcement may be identified, and the current condition of the structure may be examined using technical data. The data obtained from these processes will be evaluated according to relevant legislation and technical principles.

The prepared report indicates whether the building is at risk. If the structure is found to be risky, the report is sent to the relevant authority, and the process moves to the administrative stage. From this point on, the report ceases to be merely a technical document; it begins to have legal consequences affecting the rights of the owners.

What is a Risky Building Report?

A risk assessment report is a document indicating whether a building is at risk as a result of a technical inspection. The report includes information on the building's load-bearing system, the inspection method, the tests performed, technical data, and a concluding assessment.

The risk assessment report is one of the most fundamental documents in the urban transformation process. Once this report is finalized, the evacuation and demolition process for the building can begin. Therefore, the content of the report, the methods used, and the conclusions should be carefully examined.

Property owners should evaluate the risk assessment report served to them not only in terms of its conclusions but also in terms of its technical justifications. If there are deficiencies, contradictions, or erroneous assessments in the report, they should exercise their right to object.

Is a building identified as risky recorded in the land registry?

After a building is identified as risky and reported to the relevant authority, a note indicating that the property is a risky building can be added to the property's title deed. This note shows that the property has entered the risky building process.

This record, registered in the land registry, is important for those wishing to purchase the property, for the transactions to be carried out by the owners, and for the transformation process. In properties designated as risky structures, the future of the existing building becomes linked to the demolition and transformation process.

This record is crucial for notifications to property owners and for initiating the objection process. Therefore, the date on which the annotation was made in the land registry and the date on which it was served to the property owners should be carefully monitored.

How are notices served to property owners?

After a building is identified as risky, the owners are notified. Notification is mandatory so that the owners are aware of the report and can exercise their right to object. The objection period may not begin without notification.

It is important that the owners' address information is up-to-date at this stage. If the notification is made improperly, the owners' rights to object and sue may be affected. The notification process should be carefully examined, especially in properties where there are heirs, one of the owners has passed away, or the address information is not up-to-date.

After receiving the notification, property owners must pay attention to the deadlines. Since the period for objecting to the risky building assessment is short, a technical and legal evaluation should be carried out as soon as the report is served.

Is it possible to appeal a building assessment that indicates a risk?

Property owners have the right to appeal against the determination of their building as a risky structure. They can appeal within the legal timeframe following notification. Missing the appeal period may result in the building being deemed risky, potentially leading to loss of rights in subsequent stages.

Objections are generally based on technical errors, incomplete investigations, procedural irregularities, or incorrect assessments in the report. For example, it might be argued that samples were not taken from the building in accordance with proper procedures, the load-bearing system was incorrectly assessed, there are contradictions in the report, or technical data is incomplete.

Objections to a building designation as risky should not be made solely with an abstract statement such as "our building is not risky." The objection petition must include technical and legal grounds. If necessary, it should be supported by expert opinions or technical reports.

What happens if the building is deemed at risk?

Once a building is definitively identified as risky, the evacuation and demolition process begins. Owners are given a deadline to evacuate and demolish the building. If the building is not demolished by the owner within this period, the authorities may initiate demolition procedures.

Once the assessment is finalized, the owners must decide on the reconstruction of the property. The selection of a contractor, contract terms, division of individual units, and the construction process become crucial at this stage.

The confirmation of a risky building designation does not mean the termination of property owners' rights. On the contrary, property owners need to monitor their rights more carefully during the transformation process. The contractor contract and decision-making process are particularly important in preventing future disputes.

Evacuation Process After Identifying a Building at Risk

Once the building is definitively identified as a risky structure, it must be evacuated. The presence of owners, tenants, or other users in the building may affect the evacuation process. The situation of tenants, their lease agreements, business activities, and relocation plans should be evaluated separately.

It is important for landlords and tenants to know their legal rights during the eviction process. They should investigate whether they can benefit from rental assistance, relocation assistance, or other forms of support. However, the conditions and application deadlines for these programs should be carefully monitored.

Demolition before the evacuation process is complete can lead to serious legal and practical problems. Therefore, the evacuation and demolition phases must be carried out in a planned manner.

Demolition Process After Identifying a Building at Risk

After the building is evacuated, the demolition process begins. The owners can demolish the building themselves, or the demolition can be carried out by the authorities. Before demolition, subscriptions for electricity, water, and natural gas must be shut off, the building must be vacated, and safety measures must be taken.

Demolition must be carried out without causing damage to neighboring buildings, infrastructure, or third parties. It is important for both the demolition company and the property owners to act cautiously during this process. Any damage that occurs during demolition may also result in liability for compensation.

After demolition, the property will be evaluated as a land plot, and the new construction process will begin. At this stage, land shares, owner decisions, and the contractor's contract become even more important.

Common Mistakes in Identifying Buildings at Risk

One of the most common mistakes in the process of identifying risky buildings is failing to pay attention to the deadlines after the report is served to the owners. If the objection period is missed, the assessment can become final and the demolition process can begin.

Another mistake is the failure to technically review the risk assessment report. Property owners often only look at the conclusion section of the report. However, the methodology used to prepare the report, the locations where samples were taken, the technical data, and the evaluation criteria are all important.

Furthermore, property owners signing contractor contracts or hastily accepting documents that do not protect their rights before the risk assessment of the building is finalized also creates serious risks. Since every document in the urban transformation process can have legal consequences, it should be carefully examined.

Why is legal support important in identifying risky buildings?

Identifying a building as risky is a technical process, but it also carries significant legal consequences. Therefore, property owners should pay attention not only to the technical report but also to the legal implications it may bring.

With the support of a lawyer, it can be assessed whether the risk assessment of the building was carried out properly, whether the notifications were correct, whether the objection period has started, and whether there is an opportunity to object or file a lawsuit.

Furthermore, after the identification of a building as risky, it is important to obtain legal support for preparing contracts with the contractor, ensuring that owner decisions are made in accordance with the law, preventing risks associated with title transfers, and resolving potential disputes.

Conclusion

Identifying risky buildings is the starting point of the urban transformation process. Determining whether a building is risky is not only a technical assessment but also a crucial legal process affecting property rights, eviction proceedings, demolition decisions, and the reconstruction process.

An application from one of the owners may be sufficient for a risk assessment of a building. The assessment is carried out by licensed institutions or organizations. If the building is determined to be risky, the report is submitted to the relevant authority, recorded in the land registry, and notified to the owners. Owners may appeal the risk assessment within the specified time frame.

During this process, it is necessary to avoid missing deadlines, to review the report from a technical and legal perspective, to check notifications, and to carefully evaluate documents related to the transformation process. Obtaining expert legal support during the risk assessment and subsequent urban transformation phases prevents property owners from suffering loss of rights and ensures that the process proceeds in accordance with the law.