What information must be included in the risky structure detection report? UAVT address, building code, examination of the report and rectification of deficiencies within 30 days.
The risky structure detection report is the fundamental document on which the entire transformation process is based; therefore, it is of great importance that the report contains certain mandatory information and is properly examined. Missing or incorrect information in the report can affect both the validity of the detection and subsequent objection and litigation processes. In this article, we address the mandatory information that must be included in the report and the report’s examination process.
Mandatory Identifying Information in the Report
It must be possible to unequivocally determine which structure a risky structure report belongs to. Therefore, the risky structure detection report must include the address and building code of the building subject to detection, as specified in the National Address Database (UAVT) (Implementation Regulation art. 7/3). These two pieces of information confirm which structure the report belongs to and prevent the creation of duplicate records for the same structure. A report missing a UAVT address and building code may cause identification problems and can therefore be considered a deficiency during the examination phase.
How is the Report Examined?
The assessment report does not become final immediately; it first undergoes an administrative review. The report, prepared by the Administration conducting the assessment or by a licensed institution/organization, is sent to the Directorate in the province where the structure is located (or to the Administration if authority has been delegated) via an electronic software system (Implementation Regulation art. 7/4). Reports are examined within the framework of procedures and principles determined by the Presidency; if any deficiencies are found, they are returned to the institution or organization that prepared the report for necessary corrections (Implementation Regulation art. 7/4). If no deficiencies are found, the risky structure is reported to the relevant land registry directorate within a maximum of ten business days to be noted in the declarations section of the land registry (Implementation Regulation art. 7/4).
How Long Does It Take to Rectify Deficiencies?
Legislation specifies a certain period for rectifying deficiencies identified in the report. It is mandatory for the Directorate, the Administration if authority has been delegated, and technical committees to ensure that all technical review deficiencies identified in the risky structure assessment report are corrected by the institution or organization that prepared the report within thirty days from the date of notification (Implementation Regulation art. 7/9). Upon a reasoned request from the licensed institution or organization within the thirty-day period, an extension may be granted for rectifying the deficiencies (Implementation Regulation art. 7/9). This mechanism ensures that the report becomes technically complete.
Why Is the Accuracy of the Report So Important?
Since the report forms the legal basis of the transformation process, the accuracy of the technical and descriptive information it contains is critically important. An error in the descriptive information can lead to the incorrect structure being processed as risky; a technical deficiency, on the other hand, can invalidate the report during the objection phase. For the entire process, the general framework of the urban transformation process can be examined. For the current text of the legislation, the Legislation Information System and for technical principles, the Ministry of Environment, Urbanization and Climate Change resources can be followed.
Frequently Asked Questions (FAQ)
What information is mandatory in a risky structure report? The address of the building subject to detection in the National Address Database and its building code must be included in the report (Implementation Regulation art. 7/3).
Does the report become final immediately? No. The report is first examined by the Directorate/Administration; if there are deficiencies, it is returned for correction, otherwise, it is reported to the land registry (Implementation Regulation art. 7/4).
How long does it take to rectify deficiencies in the report? Within thirty days from the date of notification; an additional period may be granted upon a justified request (Implementation Regulation art. 7/9).
What happens if the UAVT address or building code is missing? Since this information is mandatory, its absence may lead to the report being returned for correction during the examination phase (Implementation Regulation art. 7/3 and 7/4).
Why is Expert Legal Support Necessary?
Evaluating whether the report contains mandatory information and has been properly reviewed creates a strong foundation for future objections and lawsuits. A descriptive or technical deficiency can often be a significant basis for questioning the legality of the report. 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, evaluating the report and the review process with a lawyer specialized in the field is of great importance.
2M Hukuk Law Office (Attorney Meryem Günay) as an attorney team operating in Tuzla, we provide services across Turkey, especially in Istanbul where urban transformation is most intensive, including Istanbul’s priority transformation districts 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 detection and objection processes.
