What happens when the risky structure assessment becomes final? The 60-day period for evacuation and demolition, an additional 30-day period, ex officio demolition, and the option for strengthening.

The assessment becomes final when the risky structure assessment is not objected to or the objection is rejected. From this point, the process moves to the evacuation and demolition phase. It is of great importance for rights holders to be aware of the periods granted to them and the options available at this stage, both to prevent grievances and to make correct decisions. In this article, we cover the evacuation and demolition process after the risky structure assessment becomes final.

When Does the Assessment Become Final?

The process enters a new phase with finalization. The risky structure assessment becomes final either by the rejection of an objection made against the risky structure assessment or by no objection being made to the risky structure assessment (Implementation Regulation Article 8/1). After the assessment becomes final, the relevant Directorate requests the Administration to carry out the necessary notifications and to demolish the risky structure (Implementation Regulation Article 8/1). Thus, the evacuation and demolition process officially begins.

60-Day Period for Evacuation and Demolition

Demolition is not an immediate action; owners are first given a reasonable period. Owners of risky structures are requested to evacuate and demolish the structures within a period not less than sixty days (Implementation Regulation Article 8/2-a). The notification to be made to the owners also states that the owner must notify those using the structure as tenants or limited real right holders for evacuation. In other words, the owner must both evacuate themselves and inform the tenants and other right holders using the structure about the situation.

If Not Demolished: Additional 30-Day Period and Ex Officio Demolition

If demolition does not occur within the given period, the process proceeds in stages. During this period, it is checked on-site whether risky structures have been demolished; if they have not been demolished by the property owners, a notification is served stating that the structure will be demolished by administrative authorities, granting an additional period of not less than thirty days (Implementation Regulation Art. 8/2-c). If demolition is still not carried out within this additional period, a request can be made to cut off electricity, water, and natural gas services for the structure, and ultimately, the demolition can be carried out ex officio by the administration, with the costs borne by the owners. As can be seen, failure to fulfill the demolition obligation leads to the process being completed against the owner and in a costly manner.

Is Reinforcement Possible Instead of Demolition?

Not every risky structure necessarily needs to be demolished. If owners can obtain a technical report stating that building reinforcement is possible, only reinforcement work can be carried out without demolishing the risky structure. Additionally, owners can decide to demolish and reconstruct the risky structure. Regarding how the decision for reconstruction after demolition is made, articles on how simple majority is calculated in urban transformation and for the entire process, the general framework of the urban transformation process can be examined. For the current text of the legislation, Legislation Information System should be followed.

Frequently Asked Questions (FAQ)

What happens when the dangerous building assessment becomes final? The Directorate requests the Administration to issue the necessary notifications and to demolish the structure; the evacuation and demolition process begins (Implementation Regulation art. 8/1).

How much time is given for evacuation and demolition? A period of no less than sixty days is given; if it is not demolished, an additional period of no less than thirty days is granted (Implementation Regulation art. 8/2-a and c).

What happens if demolition is not carried out? At the end of the additional period, electricity, water, and natural gas may be cut off, and the demolition may be carried out by the administration ex officio, with the costs borne by the owners (Implementation Regulation art. 8/2).

Can reinforcement be done instead of demolition? Yes. If a report indicating that reinforcement is possible is obtained, the structure can be reinforced without demolition.

Why is Expert Lawyer Support Necessary?

The correct evaluation of evacuation, demolition, and reinforcement options after the assessment becomes final is important both for preventing grievances and for making the most appropriate decision in favor of the owners. Missing deadlines can lead to severe consequences such as ex officio demolition and cost burdens. 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 post-finalization process is managed with an expert lawyer in the field.

2M Law Firm (Atty. Meryem Günay) , we provide services nationwide in 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 the Gebze and Darıca regions of Kocaeli. As an Istanbul urban transformation lawyer and Tuzla urban transformation lawyer, we offer legal support to rights holders during risky building identification, objection, and demolition processes.