Who will be responsible if my belongings are damaged during the demolition?

1. The Legal Framework of the Urban Transformation and Demolition Process

Urban transformation projects the scope of Law No. 6306 on the Transformation of Areas Under Disaster Risk . Within the framework of this law;

Risk assessment of buildings is carried out.
Property owners 60 days to vacate .
Demolition work will begin after the evacuation is complete .

During demolition operations , tenants , usufruct holders , or actual occupants of properties may also suffer losses. This is because damage to belongings often results from the demolition not being carried out properly or from inadequate protective measures not being taken .

2. The Concept of Legal Liability Arising from Damage to Property

2.1. Tort Liability (Turkish Code of Obligations, Article 49)

According to Article 49 of the Turkish Code of Obligations:

"Anyone who causes harm to another through a culpable and unlawful act is obligated to compensate for that harm."

If damage to property during demolition the negligent conduct of the person or organization carrying out the demolition , then direct tort liability arises.
In this context, the persons liable for compensation are:

The contractor or demolition company that actually carries out the demolition ,
The property owners who organized the demolition ,
It could be the administration (municipality) that failed to take the necessary safety precautions .

2.2. Liability Arising from Contracts for Work (Turkish Code of Obligations, Articles 470 et seq.)

the demolition work has been awarded to a contractor under a construction contract , the contractor is obligated, according to Article 471 of the Turkish Code of Obligations, to perform the work diligently and without causing damage.
During the demolition:

If a protective barrier has not been placed around the building,
If sufficient time has not been given for evacuation,
If demolition has started with heavy machinery without prior warning,

The contractor is responsible for all of these damages .

2.3. Principle of Strict Liability

Demolition activities are, by their nature, considered hazardous work . In this case, even if fault is not sought, liability for dangerous activities arises according to Article 71 of the Turkish Code of Obligations . In other words, the party causing damage to property during demolition (e.g., the demolition company) cannot claim "I am not at fault"; they are directly liable.

3. Distribution of Responsibility Among the Parties

3.1. Contractor's Responsibility

The contractor is primarily responsible as the person undertaking the demolition.
According to Article 472 of the Turkish Code of Obligations:

a duty of care .
take occupational safety measures .
avoid causing harm to third parties .

If the contractor causes damage to property in neighboring buildings or apartments during the demolition of the building, they are liable to compensate for the damage.

In its decision numbered E.2017/2319, K.2018/3479, the 15th Civil Chamber of the Supreme Court of Appeals stated:

"If a contractor carrying out demolition work fails to take the necessary safety precautions, they are liable for any damage to property.
"

3.2. Owners' Responsibility

In urban transformation projects, the property owner who has the building demolished is, in some cases, the employer.
If the owner has personally commissioned the demolition work, liability may arise under Article 66 of the Turkish Code of Obligations, which applies to employers.
In this case, the owner must choose the right person to carry out the demolition and work with firms that possess the necessary certifications.

However, if the owner has completely delegated the work to an authorized firm and taken the necessary precautions, they can be relieved of liability to the extent that they can prove their innocence.

3.3. Responsibility of the Municipality and the Administration

Municipalities are obligated to supervise demolition processes in accordance with the Zoning Law No. 3194 and the Urban Transformation Law No. 6306. If the municipality:

If they have effectively turned a blind eye to the demolition without issuing a demolition permit,
If the perimeter security of the area has not been ensured,
If they haven't supervised the company carrying out the demolition,

The administration a service defect , and a full court case filed to claim compensation.

The 6th Chamber of the Council of State, in its decision numbered E.2016/2987, K.2019/1564 ,

"the administration is liable for damages resulting from its failure to fulfill its supervisory duties, within the scope of service negligence
.

4. Citizens' Rights and Responsibilities Before Demolition

4.1. Evacuation and Property Security

When a demolition order is issued, property owners or tenants a 60-day notice to vacate the premises .
During this period:

Personal belongings should be collected
If insurance is not in place, temporary storage solutions should be considered
An inventory report of the items must be prepared before demolition.

If any belongings were left inside during the demolition, this the percentage of fault allocated for the damages .

4.2. Insurance Protection

Within the scope of urban transformation, mandatory earthquake insurance (DASK) only covers structural damage to the building. Home insurance is required to cover damage to belongings .

Home insurance can cover damage to belongings during demolition, provided that "damage during the demolition and eviction process" is not excluded from the policy.
Therefore, it is recommended that citizens update their insurance policies before demolition.

5. Documenting Damages and Gathering Evidence

Proving damage to property during demolition is only possible by concretely establishing who caused the damage and when it occurred . At this point, methods of gathering evidence are of great importance.

Photo/video recordings before demolition,
Damage assessment report after demolition
Witness statements,
Municipal records or minutes,
Expert reports.

Furthermore, pursuant to Article 400 of the Code of Civil Procedure, a lawsuit for the determination of evidence .

6. Ways to Apply for Compensation for Damages

6.1. Compensation Claim Against the Contractor

In cases where the damage is directly caused by the contractor, a lawsuit for monetary compensation is filed with the Civil Court of First Instance . The lawsuit petition should include:

Determining the extent of damage to property
Defect rate,
The amount of damage,
Interest demand,

It should be specified in detail.

6.2. Full Judicial Review Case Against the Administration

If the damage resulted from the municipality's negligence or lack of oversight, a full judicial review case can be filed in accordance with Law No. 2577 on Administrative Procedure . The competent court for these cases is the administrative court , and the lawsuit must be filed within one year of the determination of the damage .

6.3. Application to the Insurance Company

If there is an insurance policy, the damage is assessed by an insurance adjuster . If the insurance company refuses to pay, an application can be made to the Insurance Arbitration Commission . The Commission's decisions are binding and a resolution can be reached quickly.

7. Implementation through Supreme Court Decisions

Supreme Court 11th Civil Chamber, Case No. E.2018/4135, Decision No. K.2019/2627:

“If any belongings remaining in the building are damaged during demolition, the contractor carrying out the demolition will be considered at fault. Even if the owner or tenant is at fault, the contractor cannot be relieved of full liability for compensation.”
Supreme Court 15th Civil Chamber, Case No. 2015/3249, Decision No. 2016/5197:

"Damage to property resulting from demolition work carried out without adequate warning constitutes a tort."
Council of State, 6th Chamber, Case No. E.2020/1483, Decision No. K.2022/1154:

"If the municipality fails to fulfill its supervisory obligations during the demolition process, it will be held liable for negligence in service."

8. Damage to Property in Neighboring Buildings

The demolition can affect not only the building but also the items inside neighboring structures. For example, if a cabinet, television, or wall tile in a neighboring building is damaged due to the vibrations from the demolition :

According to Article 69 of the Turkish Code of Obligations , the responsibility of the owner of the immovable property is..
According to Article 71 of the Turkish Code of Obligations , liability for dangerous activities applies jointly.

In the practice of the Supreme Court, it has been accepted that a compensation claim based on neighborhood law can be filed for such damages .

9. Sharing of Fault and Contributory Negligence

In distributing damages, if the victim also bears some degree of fault (for example, if they did not vacate their belongings on time), a reduction for contributory negligence is applied according to Article 52 of the Turkish Code of Obligations . However, contractors are subject to a high standard of care in the demolition of risky buildings ; therefore, minor fault on the part of the victim usually does not completely eliminate compensation.

10. Commonly Encountered Situations in Practice

a. Items not stored prior to demolition.

If the owner or tenant fails to remove their belongings within the eviction period, the demolition company cannot escape responsibility by simply saying "I warned them." This is because the demolition company is responsible for ensuring the building is completely empty before demolition begins

b. Demolition Without Municipal Approval

If the demolition was carried out without a permit, both the contractor and the property owner who commissioned the demolition are responsible for all damages.

c. Damage to Property Belonging to Third Parties

If the tenant's belongings are damaged, the tenant has the right to directly contact the contractor or the management. The landlord cannot evade responsibility simply on the grounds that the damaged items belong to the tenant.

11. Is Compensation for Non-Pecuniary Damages Possible in Cases of Property Damage?

In some cases, damage to property can also result in moral damages . For example, in cases where items of high sentimental value and irreplaceable assets (family photos, mementos, etc.) are lost, the Supreme Court accepts claims for moral damages

E.2014/12035, K.2015/6498, the 4th Civil Chamber of the Supreme Court of Appeals stated:

"Destroying personal belongings that hold sentimental value causes emotional distress,"
it has been stated.

12. Practical Recommendations and Preventive Legal Measures

Prepare a report before demolition: Document the interior of the house, the belongings, and the current condition.
Obtain written assurance from the contractor: Have them sign a protocol guaranteeing compensation for any damages incurred during demolition.
Check your insurance: Your home insurance policy should not exclude "destruction damage" from coverage.
File a lawsuit for evidence gathering: Request a court order to determine the events before and after the demolition.
Submit a written application to the municipality: Remind them of their inspection responsibility and have it documented.

13. Conclusion

In urban transformation projects, damage to belongings during demolition creates multifaceted liability under both private and administrative law . While the responsible party varies depending on who caused the damage:

The contractoris primarily responsible because he/she actually carried out the demolition.
Malikshares responsibility if he has undertaken the job or chosen the wrong firm.
the municipalityhas neglected its supervisory duties, it will be liable for administrative compensation.
A citizenmay receive a reduced sentence due to contributory negligence if they failed to take precautions to protect their belongings.

In conclusion, citizens have legal rights in case of damage to their property.
These rights can be protected through compensation lawsuits, administrative applications, or insurance.
When entering the urban transformation process, each property owner documentation, insurance, and legal advice will prevent potential loss of rights.

Municipal Law, Legal Consultancy, Zoning Law, Zoning Code, Istanbul Lawyer, Urban Transformation, Contractor, Liability for Dangers, Demolition Order

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