What is risky building assessment, how is it performed, and which buildings are considered risky? The step-by-step risky building assessment process in light of Law No. 6306 and its Implementation Regulation.
The official starting step of the urban transformation process is the determination of a structure as a “risky building” . All rent assistance, demolition, contractor agreements, and new construction processes depend on this assessment being correctly made and finalized in accordance with procedures. Therefore, knowing what a risky building assessment is, which structures are covered, and how the process works is the first condition for the rightsholder to manage the process safely.
What is a Risky Building?
A risky building is defined in Law No. 6306 on the Transformation of Areas Under Disaster Risk. Accordingly, a risky building is a structure, whether within or outside a risky area, that has completed its economic life or is determined to carry the risk of collapse or severe damage based on scientific and technical data (Law No. 6306 art. 2/1-d). This definition has two main elements: firstly, the building has completed its economic life or carries the risk of collapse/severe damage; secondly, this condition has been determined based on “scientific and technical data”. Thus, a risky building decision is not an opinion, but the result of a scientific analysis.
Which Structures are Subject to Assessment?
Risky building detection cannot be performed for every type of building. Detection is carried out for structures that can be used independently, are covered and can be entered by people, serve for people to sit, work, have fun or rest, or worship, and for structures that serve to protect animals and goods (Implementation Regulation art. 7/1). Conversely, buildings under construction that are not inhabited, and buildings whose structural integrity has been compromised statically due to abandonment or any other reason, are not subject to risky building detection (Implementation Regulation art. 7/1).
How Is Risky Building Detection Performed?
Risky buildings are detected according to the “Principles Regarding the Detection of Risky Buildings” found in Annex-2 of the Implementation Regulation and by using the electronic software program developed/determined by the Presidency (Implementation Regulation art. 7/1). The detection is not a visual assessment; it is a technical report based on samples taken from the building, examination of the load-bearing system, and engineering calculations. This report is prepared by institutions and organizations licensed by the Presidency (Implementation Regulation art. 6/1). Since risky building detection is the first link in the urban transformation process, for a general framework regarding the entire process, all stages of the urban transformation process can be examined.
How Does the Process Proceed After Detection?
The risky building detection report is sent by the institution or organization that carried out the detection to the Directorate in the province where the building is located (or to the Administration if authority has been delegated) via an electronic software system (Implementation Regulation art. 7/4). The report is examined; if there are no deficiencies, the risky building is notified to the relevant land registry office to be recorded in the declarations section of the land registry within ten working days at the latest (Implementation Regulation art. 7/4). Subsequently, the detection is served by posting it on the building with a record, by notifying the owners via the e-Government Gateway, and by being announced for fifteen days at the relevant mukhtar’s office (Implementation Regulation art. 7/4). An objection can be raised within fifteen days against the notification; if no objection is made or if the objection is rejected, the detection becomes final, and the transformation process continues. After the detection becomes final, the decision-making phase for the owners begins; on this matter, the article on how a simple majority is calculated in urban transformation may be guiding. For the current text of the legislation, Legislation Information System and for licensed organization information, the Ministry of Environment, Urbanization and Climate Change sources can be consulted.
Frequently Asked Questions (FAQ)
What is a risky building? It is a structure located within or outside a risky area, which has completed its economic life or has been identified based on scientific and technical data as carrying the risk of collapse/severe damage (Law No. 6306, Article 2/1-d).
How is a risky building determination made? It is carried out by licensed institutions and organizations, in accordance with the Principles in Annex-2 of the Implementation Regulation and using the electronic software program determined by the Presidency (Implementation Regulation, Articles 6/1 and 7/1).
Is every building subject to risky building determination? No. Buildings under construction that are not inhabited, as well as abandoned buildings or buildings whose structural integrity has been compromised, are not subject to determination (Implementation Regulation, Article 7/1).
How is the determination notified? The report is posted on the building, owners are notified via e-Devlet (e-Government), and it is publicly announced in the headman’s office for fifteen days; it is considered served on the last day of the announcement (Implementation Regulation, Article 7/4).
Why is Expert Legal Support Necessary?
The determination of a risky building forms the legal basis for the entire transformation process; therefore, the technical accuracy of the determination report, the conformity of the notification with procedure, and the correct calculation of objection periods are of critical importance. A non-procedural notification or a missed objection period can leave the rights holder facing consequences that are difficult to remedy. Urban transformation is a multi-layered process where administrative law, real estate law, and contract law intersect, and even a single procedural error can lead to significant loss of rights. For this reason, working with an expert lawyer in the field from the determination phase onwards is of great importance.
As 2M Hukuk Law Office we provide services across Turkey, especially in Istanbul, where urban transformation is most intense; in Istanbul’s priority transformation districts of Tuzla, Pendik, Kartal, Maltepe, Ümraniye, Ataşehir, Kadıköy, Sancaktepe, and Küçükçekmece, as well as in Kocaeli’s Gebze and Darıca regions. As Istanbul urban transformation lawyers and Tuzla urban transformation lawyers, we offer legal support to rights holders during risky building detection and objection processes.
