Legal Basis: Law No. 6306 Article 3/1 | Implementation Regulation Article 7/2b

“Is my building earthquake-resistant?” is a question that occupies the minds of millions of Turkish citizens today. So, is getting a risky building assessment a legal obligation, or a decision left to the owner’s discretion? Who bears the assessment costs, what happens if you don’t get one, and can the Administration forcibly test your building? This article answers all these questions with up-to-date information for 2026, within the framework of Article 3 of Law No. 6306 and Article 7/2b of the Implementation Regulation. (L. Art. 3/1 — R. Art. 7/2b)

Is Risky Building Assessment Mandatory?

The answer to this question is both “yes” and “no” — but both depend on different conditions.

From the perspective of legal obligation: There is no obligation to have a risk assessment carried out; however, it is important for the safety of life that building owners have the risk status of their buildings assessed as soon as possible. In other words, the owner can have an assessment done voluntarily, without any coercion; no direct legal sanction is attached to this. (L. Art. 3/1 — R. Art. 7/2a)

In practice, however, the situation is different. If the Administration “requests a determination by giving a deadline,” and if the determination is not carried out within this period, the Presidency or the Administration will make the determination ex officio and collect the costs from the owner. At this point, a de facto obligation arises. Moreover, the strengthening or demolition of structures confirmed to be risky is a mandatory provision of the law. (Law Art. 3/1 — Reg. Art. 7/2b)

In conclusion: There is no legal obligation for you to initiate the determination yourself. However, when the Administration requests it or makes the determination ex officio, the process becomes inevitable, and the costs are, in any case, borne by the owner.

Who Can Initiate the Determination? Three Different Scenarios

1. Owner’s Application on Their Own Initiative (Law Art. 3/1 — Reg. Art. 7/2a)

The primary right and initiative belong to the building owner. Any one of the owners can apply to an institution licensed by the Presidency and have the determination made, without obtaining the consent of the others. Even if only the owner of one apartment in a 10-apartment building applies, the determination will be made for the entire structure.

The person who will make the application is determined as follows, according to the title deed status:

2. Request by the Administration with a Deadline (K. Md. 3/1 — Y. Md. 7/2b)

The Presidency or the Administration may request the owner to conduct the determination for structures it deems necessary, by giving a specific period. If the owner does not conduct the determination within the given period, the Presidency or the Administration will conduct or have the determination conducted themselves.

The critical point to note in this situation is: The determination costs are, in any case, borne by the owners and must be paid within the given period.

3. Action by the Presidency or the Administration Ex Officio (K. Md. 3/1 — Y. Md. 7/2b)

The Presidency/Administration can conduct or have the determination conducted ex officio, even without giving a period to the owners. This usually comes into question in emergency situations or areas where there is a public threat. In cases of attempts to obstruct the determination, closed doors are opened with law enforcement support, and the determination is carried out. (K. Md. 3/1 — Y. Md. 7/2c)

Who Bears the Determination Costs?

The Law and Regulation are very clear on this matter: Costs belong to the owners in all cases. (Art. 3/1 of the Law — Art. 7/2b of the Regulation)

If the Owner Has it Done

The determination costs are directly borne by the owner and are paid to the licensed institution with which they voluntarily contracted.

In multi-owner structures such as apartment buildings:

In condominium ownership: Each owner can have a determination made for their own independent section, or for the entire structure by a decision of the board of apartment owners. In a determination made by a decision of the board of apartment owners, the costs are distributed among all apartment owners in proportion to their land shares.

In title deeds with land share: Although it is essential for the owner initiating the determination to bear the cost themselves, the outcome is binding on all owners.

If the Presidency or Administration Has it Done (Art. 7/2b of the Regulation)

In cases where the determination of a risky structure and demolition procedures are carried out by the Ministry or the Administration, the owners are responsible for the costs of the determination process in proportion to their shares. The costs of the risky structure determination are paid within one month following the notification to be made to the relevant party by the Ministry or the Administration.

If payment is not made: If the determination has been made or commissioned by the Presidency, upon notification by the Presidency to the relevant tax office, it is pursued and collected by the **tax office**; if made or commissioned by the Administration, it is pursued and collected by the Administration in accordance with the provisions of **Law No. 6183 on the Procedure for the Collection of Public Receivables**. This means that the state can collect it through enforcement, similar to a tax receivable. (Art. 7/2b)

How Much Are the 2026 Determination Costs?

Risky building determination costs vary according to the size of the building, the number of floors, and the method applied. Approximate ranges according to 2026 market conditions are as follows:

Note: These figures are approximate values prepared according to market data. It is recommended to get quotes from more than one licensed institution for an exact price. You can access the Ministry’s unit price list at **www.kentseldonusum.gov.tr**.

The determination cost is not the only expense that must be paid during the process. Additionally, the following costs may be incurred:

Core drilling (concrete sample collection) and laboratory analysis

Geotechnical survey (if there is suspicion of soil-related risk)

As-built survey (building measurement) works

Report preparation fee

Consequences of Not Having the Determination Made

While not having the determination made yourself may not lead to a sanction in itself, the following chain of consequences may come into play:

1. The administration makes the determination ex officio and collects the costs from you. (Art. 3/1 of Law — Art. 7/2b of Regulation) Determinations not made within the period are carried out by the Presidency or the Administration. If the costs are not paid within 1 month from the notification, enforcement proceedings will be initiated.

2. There are criminal consequences for obstructing the determination. (Art. 3/1 of Law — Art. 7/2c of Regulation) Obstructing the technical team’s entry into the building, using threats or force constitutes a crime under the Turkish Penal Code. At the same time, forced entry can be made with law enforcement support, with the written permission of the local administrative authority.

3. The process can get out of control. (Art. 5/3 of Law) If the building is found risky in the ex officio determination, the process proceeds at full speed; once the determination becomes final, a demolition period of up to 90 days is granted, and the right to object is effectively exercised within this period.

4. The title deed annotation will also be valid against third parties. (Art. 3/2 of Law) After the risky building annotation is entered into the title deed, even buyers who are unaware of this situation are not protected. The value of the property is significantly affected.

What Happens if Owners Cannot Agree on Cost Sharing?

In multi-owner properties, disputes sometimes arise regarding how the assessment costs will be shared. The law provides a clear regulation on this matter: Costs are shared proportionally to ownership shares. (Art. 3/1 of Law — Art. 7/2b of Regulation)

This means that in an apartment building with 10 units, an owner with a 12% land share is responsible for paying 12% of the total cost. Regarding owners who refuse to share the costs, enforcement proceedings can be initiated once the payment period has passed.

A point to note in practice: In an assessment carried out solely upon the application of one owner without a resolution from the board of apartment owners, the applying owner has the right to claim a share of the costs from the other owners; however, this claim may require a separate internal legal process.

Strategic Benefits of Having an Assessment Carried Out

Although it is not a legal obligation, the practical advantages of having the assessment done early can be listed as follows:

You retain control of the process. In an assessment initiated by your own application, you choose the licensed institution; whereas in an ex officio assessment, this choice is not left to you.

You use your objection period more effectively. In an assessment you initiated, you can be prepared for the report’s outcome, and if necessary, you can prepare your objection petition in advance with professional support.

You qualify for rent assistance and other supports sooner. To benefit for the longest possible duration from the rent assistance period, which begins after the assessment is finalized and an agreement is reached, it is advantageous to start the process without delay. (Art. 5/1 of Law — Art. 16/1 of Regulation)

You can evaluate the reinforcement option. When the assessment is made early, you will have more time to prove that the structure can be reinforced. (Reg. Art. 8/7)

Practical Advice

Do not get an assessment from an unlicensed firm. Reports prepared by individuals or organizations without a Ministry license are completely invalid; no annotation is placed on the title deed, and the process does not begin. Before the assessment, verify the license via www.kentseldonusum.gov.tr. (Reg. Art. 6/1)

Do not miss the Administration’s notification. The notification from the Presidency or the Administration requesting an assessment reaches you through three channels: the report posted on the structure, e-Government notification, and the headman’s office announcement. Noticing this notification late leads to loss of time and ex officio assessment. (Law Art. 3/2 — Reg. Art. 7/4)

Do not miss the 1-month payment period. If the expense of the assessment made by the Presidency or the Administration is not paid within 1 month from the date of notification, enforcement proceedings will be initiated through the tax office. (Reg. Art. 7/2b)

Determine the assessment cost in the board of property owners. If the allocation of costs for assessments made by a decision of the board of property owners in apartment buildings is documented in advance, future disputes will be prevented.

Preventing ex officio assessment constitutes a crime. Threatening the technical team, refusing to open the door, or using force constitutes a crime under the TPC (Turkish Penal Code); furthermore, forced entry can be made with law enforcement support. (Law Art. 3/1 — Reg. Art. 7/2c)

Why is Expert Lawyer Support Necessary?

Although “risk assessment of a building” may seem like “just a technical examination”, its legal consequences are extremely serious. As 2M Hukuk Avukatlık Ofisi, which closely follows urban transformation processes in Istanbul and Tuzla, we observe the following:

There are many unknowns in the process, and time is short. Who will carry out the assessment, how will the costs be shared, and what will be done if the report indicates a risky building? Property owners who are not prepared for these questions suffer loss of rights within short windows like the 15-day objection period. An urban transformation lawyer plans the process from the beginning, clarifying which step should be taken when. (K. Md. 3/1 — Y. Md. 7/5)

Choosing a licensed firm is a legal decision. Selecting the correct licensed institution is critical for the technical quality of the report and its usability in potential objections. As **Tuzla lawyers**, in our urban transformation consultancy service, we also guide our clients in this selection.

Cost-sharing disputes can be taken to court. In multi-owner buildings, if an owner refuses to pay the cost, then enforcement or litigation proceedings begin. With the support of an **Istanbul urban transformation lawyer**, these disputes can be resolved before being taken to court.

Legal avenues are open against ex officio determination decisions. Against the ex officio determination made by the Administration, an administrative objection or an annulment lawsuit can be pursued on the grounds that the determination was made contrary to procedure. Obtaining **urban transformation consultancy** makes a significant difference for this avenue to be used effectively. (K. Md. 3/1 — K. Md. 6/9)

The process after detection is also critical. When the report comes out as “risky,” a 15-day objection period begins, followed by a demolition process of up to 90 days, rental assistance applications, and contractor agreements. 2M Hukuk Avukatlık Ofisi provides urban transformation lawyer services throughout Istanbul, especially in Tuzla and all other districts, for the entirety of this process — from objections to contract terms, from rental assistance applications to cancellation lawsuits.

Conclusion

Having a risky building detected within the scope of Article 3 of Law No. 6306 and Article 7/2b of the Regulation is not a direct legal obligation. However, when the Administration requests or makes a detection ex officio, there is no escaping this process, and the detection costs belong to the owners in all circumstances. If the costs are not paid within 1 month, enforcement proceedings can be initiated through the tax office. The most important advantage of having the detection done yourself is being able to effectively use your right to object by keeping the process under control. (Law Art. 3/1 — Reg. Art. 7/2b)

This article has been prepared based on Law No. 6306 (Art. 3/1) and its Implementation Regulation (Art. 7/2b), as well as the official sources and public data of the Urban Transformation Presidency as of April 2026. Detection fees vary according to market conditions, and it is recommended to check www.kentseldonusum.gov.tr for up-to-date information before applying.