Can more than one hazardous building detection report be obtained for a structure? The single report rule, its exceptions, and the 2-month to 6-month periods for the deletion of the building’s record.

One of the frequently wondered issues in the hazardous building process is how many times a hazardous building detection report can be obtained for the same building. Some owners, after an unfavorable report, consider applying to different organizations to obtain a new report. However, the legislation has adopted the principle of “single report” in this regard and has restricted the issuance of more than one report for the same structure, except for specific exceptions.

Rule: Single Report for Each Structure

The legislation clearly sets forth the main rule. Except for specific exceptions, only one hazardous building detection report can be issued for each structure (Implementation Regulation Art. 7/3). For this reason, licensed institutions and organizations, upon a request for hazardous building detection, check through the electronic software system whether a hazardous building detection report has been previously issued for that structure (Implementation Regulation Art. 7/3). Therefore, if a report has been previously issued for a building, as a rule, a second report cannot be issued.

Exceptions to the Single Report Rule

There are three exceptions to this rule. Reissuing a risky building assessment report is possible in cases where: it becomes necessary to re-issue a report due to an objection or a court decision; it is determined that the report was prepared contrary to the truth; and a concrete incident, other than an intentional intervention that could affect the building’s risk status, has occurred (Implementation Regulation Art. 7/3). For example, concrete damage occurring in a building after an earthquake, or a technical committee requesting a new report upon an objection, legitimizes the issuance of a new report. Conversely, the owner merely disliking the outcome is not a justification for a new report.

When Is a Building Record Deleted?

The legislation also stipulates deadlines for the deletion of building records to ensure the assessment process is completed within a reasonable time. If the risky building assessment is not carried out within two months after a building record is created via the electronic software system, the building record is deleted from the electronic software system upon the request of any of the owners; if it is not carried out within six months, it is deleted ex officio by the Presidency (Implementation Regulation Art. 7/3). This regulation prevents pending and incomplete assessment records from remaining in the system indefinitely. For the entire process, the articles on the general framework of the urban transformation process and for the stage after the assessment is finalized, how simple majority is calculated in urban transformation can be examined.

What Information Should the Report Contain?

For the single report principle to function properly, the report must precisely define the structure. Therefore, in the hazardous structure detection report, it is mandatory for the address and building code of the building subject to detection, as specified in the National Address Database, to be included (Implementation Regulation art. 7/3). This prevents duplicate registrations for the same structure and makes it indisputable for which structure the report was issued. For the current text of the legislation, the Legislation Information System should be followed.

Frequently Asked Questions (FAQ)

How many hazardous structure reports can be obtained for a building? As a rule, only one hazardous structure detection report can be issued for each structure (Implementation Regulation art. 7/3).

Under what circumstances can a new report be issued? In cases where a new report is required due to an objection or a court decision, detection that the report was prepared contrary to the truth, and the occurrence of a concrete incident other than intentional intervention (Implementation Regulation art. 7/3).

If I don’t like the report, can I get a new report from another institution? No. Disliking the outcome is not a valid reason for a new report; the licensed institution checks the previous report from the system (Implementation Regulation art. 7/3).

When is the structure record deleted? If the detection is not made within two months, the structure record is deleted upon the request of one of the owners; if it is not made within six months, it is deleted ex officio by the Presidency (Implementation Regulation art. 7/3).

Why is Expert Legal Support Necessary?

The correct evaluation of the single report rule and its exceptions both prevents unnecessary applications and ensures the correct path is followed in cases genuinely requiring a new report. It is especially important to establish the correct legal basis for a new report request after an objection or a concrete incident. 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 that the report process is handled by a lawyer specializing in the field.

As 2M Hukuk Law Office, we provide services throughout Turkey, especially in Istanbul, where urban transformation is most intense; including Istanbul’s priority transformation districts of Tuzla, Pendik, Kartal, Maltepe, Ümraniye, Ataşehir, Kadıköy, Sancaktepe, and Küçükçekmece, as well as Kocaeli’s Gebze and Darıca regions. As Istanbul urban transformation lawyers and Tuzla urban transformation lawyers, we offer legal support to rights holders in risky building determination and objection processes.