Why is a stay of execution required in a risky building annulment case? Can a building be demolished without a SOE, what are the conditions for a SOE, and the impact of the Constitutional Court’s decision.

Filing an annulment lawsuit against a risky building determination is an important step; however, thinking that the lawsuit alone will stop the demolition is a serious misconception. If a stay of execution (SOE) decision is not obtained while the lawsuit is ongoing, the administration can demolish the building before the trial is completed. In this article, we discuss why a stay of execution is vital in a risky building lawsuit and its conditions.

Filing a Lawsuit Alone Does Not Stop Demolition

The most critical point here is this: Objecting to a risky building determination or filing an annulment lawsuit does not, by itself, stop the demolition. Administrative actions are enforceable unless there is a decision to the contrary. Therefore, while the lawsuit is ongoing, as long as a stay of execution decision is not obtained, the determination can become final and evacuation and demolition procedures can be carried out by the administration. Even if an annulment decision is given at the end of the lawsuit, if the building has already been demolished, the benefit this decision would provide to the rights holder largely loses its meaning; because a demolished building cannot be brought back.

Winning a Lawsuit Without a SOE Request May Not Be Enough

This is why a request for a stay of execution must be added to the annulment lawsuit petition. A stay of execution means that the implementation and legal consequences of an administrative act are suspended by the court during the ongoing trial, and it is regulated in Article 27 of the Administrative Procedure Law numbered 2577. Obtaining a SOE decision ensures that an irreparable action, such as demolition, is prevented until the lawsuit is concluded.

Conditions for a SOE Decision

The court decides to suspend execution not upon every request, but when certain conditions are met concurrently. In order for a stay of execution (YD) decision to be made in accordance with Article 27 of the Administrative Procedure Law (İYUK), the conditions that irreparable or difficult-to-remedy damages will arise if the administrative act is implemented, and that the administrative act is clearly unlawful, must both be present. In risky structure cases, since demolition constitutes irreparable damage, the first condition is usually met; the second condition depends on demonstrating the unlawfulness of the report with strong technical and legal justifications in the petition. Therefore, it is essential for the lawsuit petition to strongly include these justifications; an unsubstantiated request for a stay of execution is usually rejected.

Effect of the Constitutional Court Decision

In the past, Law No. 6306 stipulated that a stay of execution could not be ordered in lawsuits related to risky building decisions. However, this provision was annulled by the decision of the Constitutional Court dated 27/2/2014. Following this annulment, it became possible to request a stay of execution in annulment lawsuits filed against risky building determinations. This development is significant for rights holders to obtain effective protection before demolition. For the entire process, the articles on the general framework of the urban transformation process and for the next stage, how simple majority is calculated in urban transformation can be reviewed. For the current text of the legislation, the Legislation Information System should be followed.

Frequently Asked Questions (FAQ)

Does filing a lawsuit stop demolition? No. An objection or annulment lawsuit alone does not stop demolition; a stay of execution order is required.

What does a stay of execution do? It stops the implementation of the administrative act (e.g., demolition) until the lawsuit is concluded (Administrative Procedure Law, art. 27).

What conditions are required for a stay of execution? The act must cause irreparable or difficult-to-remedy harm and it must be clearly unlawful; these conditions must be met concurrently (Administrative Procedure Law, art. 27).

Can a stay of execution be requested in a risky building lawsuit? Yes. After the provision “A stay of execution cannot be ordered” was annulled by the Constitutional Court on 27/2/2014, a stay of execution can be requested.

Why is Expert Lawyer Support Necessary?

The proper justification of a request for a stay of execution often determines whether the demolition of a building can be prevented. Presenting the conditions of irreparable harm and clear unlawfulness with concrete evidence requires technical and legal meticulousness. 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 lawsuit and stay of execution process be conducted with a lawyer specializing in the field.

2M Hukuk Law Office (Attorney Meryem Günay) as throughout Turkey, and especially in Istanbul, where urban transformation is most intensive; we provide services 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 in the processes of risky structure detection, objection, and annulment lawsuits.