1. Method of Detection and Responsibilities of Risky Structures
Pursuant to Article 7 of the Implementation Regulation of Law No. 6306, the detection of risky structures is primarily carried out by the property owners or their legal representatives, at their own expense. If the owners fail to carry out this detection within the specified period, the detections are carried out or commissioned by the Ministry or the relevant Administration. Decisions of the 6th Chamber of the Council of State and the Board of Administrative Cases have confirmed that this regulation is in accordance with the purpose of the Law, the protection of property rights, and the right to live in a healthy environment. Risky structure detection is carried out for structures that can be used independently, are covered, and are designated for human use (dwelling, working, recreation, worship, etc.), as well as structures used for the protection of animals or goods. However, structures under construction and not inhabited, and abandoned structures with impaired static integrity, are outside the scope of this detection.
2. Electronic Software System and Reporting Process
Risky structure detection requests and the process are carried out through an electronic software system. Licensed institutions and organizations are obliged to check whether a report has been issued previously through the system when they receive a detection request for a structure. In accordance with the Regulation, if the risky structure detection is not carried out within two months after a structure record is created in the electronic system, the structure record is deleted from the system upon the request of one of the owners, and if not carried out within six months, it is deleted ex officio by the Ministry. The prepared reports must include the building’s National Address Database (UAVT) code and address information.
3. Single Report Principle and Its Exceptions
According to paragraph 3 of article 7 of the Regulation, as a rule, only one risky building determination report can be issued for each building. However, the following cases constitute an exception to this rule:
The necessity of re-issuing a report upon an objection or a court decision,
The determination that the report was prepared contrary to the truth,
The occurrence of a concrete incident (earthquake, fire, etc.) other than an intentional intervention that could affect the risk status of the structure. Furthermore, structures with different static characteristics located on the same parcel (e.g., shops under a building and detached shops next to it) must be examined separately, and a separate performance analysis must be carried out for each.
4. Annotation in Land Registry, Notification and Objection Procedure
The prepared risky building determination reports are sent by the detecting authority or licensed institution to the relevant Directorate or the delegated Authority within a maximum of ten business days. If there are no deficiencies in the reports, the fact that the structures are risky is reported to the relevant land registry office to be recorded in the declarations section of the land registry. The land registry office notifies this annotation to the real and personal right holders according to Notification Law No. 7201.
Objection Period: Owners or their legal representatives may object to the risky building determination within 15 days from the date of notification.
Evaluation: Objections are examined and decided upon by technical committees formed by the Ministry, which also include members from universities.
Finalization: If no objection is raised or if the objection is rejected, the risky structure decision becomes final, and the evacuation/demolition process begins. In judicial decisions, it has been accepted that the right to object is an optional right and that a direct lawsuit can also be filed.
5. Information Obtained from Secondary Sources and Special Cases
The following points have been determined through secondary sources that provide limited information or additional context in the decision texts:
Cultural Assets: The determination of a risky structure for cultural assets under Law No. 2863 can only be made upon the request of the owners. After the determination becomes final, the situation is reported to the relevant Regional Board for the Protection of Cultural Assets, and the implementation is carried out according to the board’s decision. Secondary sources note that there are legal discussions about this process potentially conflicting with the “prohibition of unauthorized intervention” in Law No. 2863.
Status of Tenants: The right to object to the risky structure determination is granted exclusively to owners or their legal representatives. It is assessed that tenants do not have the capacity to object to this determination, but they may file lawsuits against implementation procedures such as evacuation and demolition.
Police Intervention and Costs: It is stated that in case of obstruction during the evacuation and demolition phase of structures, action can be taken through law enforcement, and additionally, the costs of inspection and demolition procedures not carried out by the owners will be collected from the owners according to the provisions of Law No. 6183.
Tax Exemption: Information based on special rulings states that operations such as the first sale, transfer, and registration of properties with a risky building annotation, prior to their transformation, are exempt from stamp duty.
Conclusion: Court decisions consistently emphasize that the risky building detection process, regulated in Article 7 of the Regulation, is subject to strict formal conditions such as electronic system control, the single report principle, a 15-day objection period, and technical committee review, and that non-compliance with these procedures (e.g., irregular notification or incomplete technical review) will lead to the annulment of the operations.
Frequently Asked Questions
Riskli yapı tespitine kimler itiraz edebilir?
Riskli yapı tespitine karşı itiraz hakkı yalnızca yapı malikleri veya kanuni temsilcilerine tanınmıştır. Kiracılar doğrudan riskli yapı kararına itiraz edemez; ancak tahliye veya yıkım işlemlerine karşı dava açabilirler.
Riskli yapı tespitine itiraz süresi kaç gündür?
Riskli yapı tespitine karşı, tebligat tarihinden veya muhtarlık ilanının son gününden itibaren 15 gün içinde itiraz edilmesi gerekir. Bu süre içinde itiraz edilmezse riskli yapı kararı kesinleşir.
Why is Expert Legal Support Necessary?
The risky building detection process is a technical and multi-stage administrative process that requires the combined application of administrative law, real estate law, and urban transformation legislation. Missing deadlines, failure to notice irregular notifications, or inability to establish legal grounds against a technical report can lead to significant loss of rights.
Expert legal support is critically important, especially in the following matters:
Monitoring the lawful execution of the risky building detection process
Reviewing the procedural compliance of notification and announcement processes
Preparing scientific and legal objections against the technical report
Legal follow-up of land registry annotation, evacuation, and demolition processes
Protection of owners’ property rights and prevention of economic losses
Determining litigation strategy for the annulment of administrative actions
In urban transformation processes, the correct management of the legal process is not limited to merely objecting to the risky building decision; it holds decisive importance for the protection of property rights and the healthy execution of the transformation process.
