Who can object to the determination of a risky structure? The right of the owner, legal representative, and heirs; the situation of tenants, mortgage holders, and usufructuaries.

The right to object to the determination of a risky structure is not granted to everyone. In practice, tenants, mortgaged creditors, or usufructuaries may also wish to object; however, legislation has restricted the right to object to specific individuals. Knowing who can object prevents the rejection of unnecessary applications and ensures that the rightful party follows the correct procedure. In this article, we address who can object to the determination of a risky structure.

The Right to Object Belongs to the Owner, Legal Representative, and Heir

Legislation has granted the right to object to the building owner and those who replace them. An objection against the determination of a risky structure can be raised by the building owners or their legal representatives (Law No. 6306, Article 3/1; Implementation Regulation, Article 7/5). It is checked whether the objection is made within the period and by the building owner; if the owner has passed away, the objection can be made by their heirs; objections made by persons other than the owner or their heirs are not processed (Implementation Regulation, Article 7/5). Therefore, the right to object is limited to the owner, legal representative, and (in case of the owner’s death) the heirs.

Can a Tenant Object?

Tenants do not have the right to administrative appeal. Since the right to appeal is exclusive to the property owner and their legal representative, tenancy status alone does not grant the right to appeal. However, tenants can benefit from rent assistance and other support during the urban transformation process; furthermore, the possibility for tenants whose interests are directly affected to pursue administrative judicial remedies is a separate legal discussion and should be evaluated on a case-by-case basis. Regarding the impact of rights and annotations in the land registry on the process, the article the impact of mortgaged or foreclosed apartments on urban transformation can be reviewed.

Can Mortgage, Usufruct, and Lien Holders Object?

Holders of limited real rights also do not have the right to administrative appeal. Since the right to appeal belongs solely to the property owner or their legal representative; holders of mortgage rights, usufruct or right of residence, or individuals in whose favor a lien or precautionary injunction is placed, do not have the right to object to the risky structure determination. Although these individuals are affected by the process, they are outside the mechanism for objecting to the risky structure determination. However, the claim of the creditor bank or mortgage holder is protected over the sale price during the transformation process; in this respect, the absence of the right to object to the risky structure determination does not mean that these individuals’ financial rights are entirely unprotected.

Can a Sole Owner Object?

Yes. Just like in a determination request, all owners do not need to act together to exercise the right to object; each owner can object on their own behalf. Therefore, even if other owners in the building do not object, one owner can object on their own within the specified period. 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 should be followed.

Frequently Asked Questions (FAQ)

Who can object to a risky building determination? Building owners, their legal representatives, and in case of the owner’s death, their heirs can object (Law No. 6306 Art. 3/1; Implementation Regulation Art. 7/5).

Can a tenant object to a risky building determination? A tenant does not have the right to administrative objection; however, they can benefit from rental assistance and other supports, and a tenant whose interests are affected seeking legal recourse will be evaluated separately.

Can a mortgagee or usufructuary object? No. Mortgagees, usufructuaries, holders of right of residence, and those with an attachment/injunction annotation in their favor do not have the right to object; the right to object belongs to the owner.

Can a single owner object on their own? Yes. Each of the owners can object on their own behalf within the specified period (Implementation Regulation Art. 7/5).

Why is Expert Legal Support Necessary?

Correctly determining who has the right to object prevents the application from being procedurally rejected and ensures the right holder follows the correct path. Especially for individuals affected by the process but lacking the right to object, such as tenants, mortgagees, or usufructuaries, determining alternative legal remedies requires a technical evaluation. 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 assessment of entitlement is conducted with an attorney specialized in the field.

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