How does the evacuation and demolition process work once the determination of a risky building becomes final? Notification, the 90-day period, demolition ex officio, and the option for reinforcement in light of Law No. 6306.

When the determination of a risky building becomes final, the most concrete and most concerning phase of the urban transformation process begins: evacuation and demolition. At this stage, if the periods granted to right holders, the notification procedure, the possibility of demolition ex officio, and the reinforcement option are not properly understood, serious grievances may occur. In this article, we address the process step-by-step from the finalization of the determination to the completion of demolition.

Principle of Agreement First

The Law primarily adopts reconciliation in demolition and transformation practices. In the demolition of risky buildings and in the applications in the areas where they are located, as well as in risky areas and reserve building areas, it is essential to primarily reach an agreement with the owners (Law No. 6306 Art. 5/1). To the owners, tenants, and limited real right holders residing in the evacuated buildings by agreement, temporary housing or workplace allocation, or rent assistance and construction aid can be provided (Law No. 6306 Art. 5/1). To understand the entire process, all stages of the urban transformation process can be reviewed.

Finalization of the Determination and Demolition Request

The process officially begins with the finalization of the determination. When the determination becomes final, either by the rejection of an objection against the risky building determination or by no objection being made, the Directorate requests the Administration to issue the necessary notifications and to demolish the risky building (Implementation Regulation Art. 8/1). Upon this request, the Administration prepares the evacuation and demolition notification.

Time Limit for Evacuation and Demolition: Maximum 90 Days

Demolition is not an immediate process; owners are first granted a period of time. The Administration requests the evacuation and demolition of risky structures from their owners, granting a period not exceeding ninety days, and stating that if the structure is not evacuated and demolished within this period, it will be evacuated and demolished by administrative authorities (Implementation Regulation Art. 8/3-a; Law No. 6306 Art. 5/3). This regulation has been updated with amendments in 2023 and 2024; therefore, the period is a maximum of ninety days in a single term.

If Not Demolished Within the Period: Ex Officio Demolition

If demolition does not occur within the given period, the process is carried out by the administration. Risky structures not demolished within the period granted to the owners are reported to the civil authority, and the evacuation and demolition procedures for these structures are carried out or arranged by the civil authorities with the support of law enforcement provided by them (Implementation Regulation Art. 8/3-ç). Structures determined not to have been demolished within the period are reported by the Presidency to the Administration and are demolished or caused to be demolished by the Administration (Implementation Regulation Art. 8/4). In this case, the owners are responsible for the demolition costs in proportion to their shares (Implementation Regulation Art. 8/8).

Is Reinforcement Possible Instead of Demolition?

Not every risky structure necessarily needs to be demolished. If reinforcement is desired instead of demolition, it is required that, within the period given to the owners, it is determined that reinforcement is technically possible, a decision for reinforcement is made according to Article 19 of the Condominium Law, the project is prepared, and a license is obtained in accordance with zoning regulations (Implementation Regulation Art. 8/7). After the reinforcement is completed, an application is made to the Directorate to remove the risky structure designation from the land registry (Implementation Regulation Art. 8/7).

After Demolition: Annulment of the Annotation

When the demolition is completed, the legal status of the immovable property is updated. The risky building annotation in the land registry of the immovable property, which becomes a vacant plot after demolition, is canceled by the land registry office upon the request of interested parties or notification from the administration, based on documents related to the demolition; subsequently, a note is made indicating that the immovable property falls under Law No. 6306 (Implementation Regulation Art. 8/9). For the current text of the legislation, the Legislation Information System and the Official Gazette should be followed.

Frequently Asked Questions (FAQ)

What happens when the risky building determination becomes final? The Directorate requests the administration to carry out notifications and demolish the building; the eviction and demolition process begins (Implementation Regulation Art. 8/1).

How much time is given for demolition? The administration grants a period not exceeding ninety days (Implementation Regulation Art. 8/3-a; Law No. 6306 Art. 5/3).

What happens if I don’t demolish it within the given period? The building is reported to the local administrative authority; eviction and demolition are carried out/arranged ex officio by the administration with police assistance (Implementation Regulation Art. 8/3-ç and 8/4).

Can reinforcement be done instead of demolition? Yes. If reinforcement is technically possible; the building can be reinforced without demolition with a decision, project, and permit (Implementation Regulation Art. 8/7).

Why is Expert Legal Assistance Necessary?

The evacuation and demolition process is a phase that operates with short and prescriptive periods and can lead to severe consequences such as ex officio demolition and cost burden. Correctly following deadlines, timely evaluation of the reinforcement option, and verifying the regularity of the notification are of great importance. 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 evacuation and demolition process is handled by a lawyer specialized in the field.

As 2M Law Office (Att. Meryem Günay), we provide services throughout Turkey, particularly in Istanbul, where urban transformation is most intensely experienced; 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 an Istanbul urban transformation lawyer and Tuzla urban transformation lawyer, we offer legal support to rights holders during evacuation and demolition processes.