Who can perform risky building detection, and which institutions and organizations are authorized? Licensed organizations, assigned engineers, and licensing requirements according to the 6306 Implementation Regulation.
Risky building detection is not a procedure that everyone can perform; it can only be carried out by authorized, i.e., licensed institutions and organizations. For the rights holder to obtain an accurate and valid report, it is of great importance that the organization performing the detection is licensed and that the engineers involved in the report meet the necessary conditions. In this article, we discuss which institutions can perform risky building detection and the qualifications these organizations must possess.
Detection is Performed Only by Licensed Organizations
Risky buildings are identified by the Presidency, the Administration, or institutions and organizations licensed by the Presidency (Implementation Regulation Art. 6/1). Institutions and organizations that can be licensed include public institutions and organizations, universities, companies with at least forty percent of their capital owned by the public, non-governmental organizations operating in the field of earthquakes, building inspection and laboratory organizations that have obtained a permit document according to Law No. 4708, and institutions and organizations that have registered their offices with the chambers of civil, geological, and geophysical engineers (Implementation Regulation Art. 6/1). An important point is that licensed institutions and organizations can perform risky building detection nationwide without being limited to any specific area (Implementation Regulation Art. 6/1).
Requirements for Engineers to Be Assigned in Detection
Engineers assigned to detect risky structures in licensed organizations must meet certain qualifications. These engineers must: maintain their membership in relevant professional chambers, have actively worked in their profession for at least five years, participate in training programs organized by the Presidency or organizations approved by the Presidency, and be entitled to receive a certificate of achievement by scoring at least seventy out of a hundred in the written exam held at the end of the training (Implementation Regulation art. 6/2). Furthermore, it is mandatory to assign at least one civil engineer for risky structure detection in licensed organizations; more than one civil engineer, or a geology or geophysics engineer, may also be assigned as needed (Implementation Regulation art. 6/3).
Can the Same Engineer Work in More Than One Organization?
No. Engineers assigned to detect risky structures cannot work simultaneously in more than one licensed organization and cannot be partners in these organizations (Implementation Regulation art. 6/3). This rule aims to protect independence and impartiality during the detection process. Whether the detecting organization is licensed and whether the engineers preparing the report are authorized directly impacts the validity of the report.
Where Can Licensed Organization Information Be Accessed?
Right holders must confirm in advance that the institution they will have the assessment done by is licensed; because a report prepared by an unlicensed institution is not considered valid. The current list and contact information of licensed institutions and organizations can be accessed through the resources of the Ministry of Environment, Urbanization and Climate Change. Since the assessment is the first step of the urban transformation process, the articles on the general framework of the urban transformation process for the entire process and how simple majority is calculated in urban transformation for the decision phase after the assessment becomes final can be reviewed. For the current text of the legislation, the Legislation Information System should be followed.
Frequently Asked Questions (FAQ)
Who can conduct a risky building assessment? The assessment is carried out by the Presidency, the Administration, or institutions and organizations licensed by the Presidency (Implementation Regulation Art. 6/1).
In which cities can a licensed institution conduct assessments? Licensed institutions and organizations can carry out risky building assessments nationwide, without being limited to any specific area (Implementation Regulation Art. 6/1).
Which engineers are involved in the assessment? It is mandatory to assign at least one civil engineer; engineers must have at least five years of experience in the profession and obtain a certificate of achievement by scoring at least seventy points in the end-of-training exam (Implementation Regulation Art. 6/2 and 6/3).
Can the same engineer work in more than one licensed institution? No. Engineers assigned to the assessment cannot work in more than one licensed institution simultaneously and cannot be partners (Implementation Regulation Art. 6/3).
Why is Expert Lawyer Support Necessary?
Whether the assessing institution is licensed and whether the engineers involved in the report are authorized directly affects the validity of the report and subsequent objection/litigation processes. A lack of license or authorization can be an important reason for objection, which may lead to the report being legally flawed. 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. Therefore, it is of great importance to have the assessment report and the compliance of the issuing institution with procedures evaluated by an expert lawyer in the field.
2M Law Office , we provide services throughout 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 the Gebze and Darıca regions of Kocaeli. As Istanbul urban transformation lawyer and Tuzla urban transformation lawyer, we offer legal support to rights holders in risky structure identification and objection processes.
