What happens to owners who do not evacuate or demolish a risky structure within the given period? Evacuation and demolition ex officio by the administration, with the support of law enforcement, and a criminal complaint.

Many owners, for whom the risky structure determination has become final, ask, “What happens if I don’t evacuate or demolish it, can they forcibly remove me?” The answer to this question is an important issue with both legal and practical consequences. The legislation clearly regulates the procedure to be followed if evacuation and demolition are not carried out within the given period. In this article, we cover the process and possible consequences.

First a Deadline, Then Ex Officio Action

The owner is always granted a period first; however, remaining inactive within this period does not change the outcome. A period of not more than ninety days is given by the Administration for the demolition of the risky structure, and if evacuation and demolition are not carried out within this period, it is stated that the structure will be evacuated and demolished by administrative authorities (Implementation Regulation Art. 8/3-a). Risky structures not demolished by the owners within the given period are reported to the civil administrator, and the evacuation and demolition procedures for these structures are carried out or arranged by the civil administrators with the support of law enforcement (Implementation Regulation Art. 8/3-ç).

If Evacuation is Resisted

Physical obstruction does not halt the process; rather, it prompts intervention by law enforcement. If the eviction is obstructed by actions such as refusing entry to the structure or independent section, locking/not opening doors, threatening incoming individuals, or using force and violence, the eviction shall be carried out or overseen ex officio by law enforcement, based on a written permit obtained from the local administrative authority, by opening locked doors/areas if necessary (Implementation Regulation Art. 8/5; Law No. 6306 Art. 5/4). As such, resisting eviction does not stop the process; it only leads to law enforcement intervention.

Criminal Complaint Against Those Who Obstruct

Obstructing the process also has criminal implications. A report is prepared by the Administration or Directorate regarding those who obstruct the detection, evacuation, and demolition procedures of risky structures, and a criminal complaint is filed with the Chief Public Prosecutor’s Office concerning them, in accordance with the relevant provisions of the Turkish Penal Code No. 5237 (Implementation Regulation Art. 8/6). Furthermore, penal and disciplinary provisions applicable to public officials who fail to perform their duties related to these works and procedures are also applied. If a contractor is involved in the process, issues such as the administrative termination of the contract may also arise, therefore the article on administrative termination of contractor contracts in urban transformation can also be reviewed.

The Burden of Expense Remains with the Owner

There is also a financial dimension to ex officio demolition. Since it is not demolished by the owners, the owners are responsible for the costs of evacuation and demolition carried out or commissioned by the Presidency or the Administration, in proportion to their shares (Implementation Regulation Art. 8/8). These costs are paid within one month following the notification; if not paid on time, they are pursued and collected according to the provisions of Law No. 6183 on the Collection Procedure of Public Receivables. Therefore, prolonging the process means both a loss of time and additional expense for the owner. For the current text of the legislation, the Legislation Information System should be followed.

Frequently Asked Questions (FAQ)

What happens if I don’t demolish my risky building on time? The structure is reported to the civil authority, and evacuation and demolition are carried out/commissioned ex officio by the administration with the support of law enforcement (Implementation Regulation Art. 8/3-ç).

What happens if I resist evacuation? With the permission of the civil authority, evacuation is carried out ex officio by law enforcement, opening closed doors if necessary (Implementation Regulation Art. 8/5; Law No. 6306 Art. 5/4).

Is there a penalty for obstructing the process? A report is filed against those who obstruct, and a criminal complaint is made to the Chief Public Prosecutor’s Office in accordance with the TCC (Turkish Criminal Code) (Implementation Regulation Art. 8/6).

Who pays for the ex officio demolition? Owners are responsible in proportion to their shares; unpaid costs are collected according to Law No. 6183 (Implementation Regulation Art. 8/8).

Why is Expert Lawyer Support Necessary?

Failure to vacate and demolish within the specified period leads to severe consequences such as ex officio demolition, police intervention, criminal complaint, and financial burden. At this stage, correctly assessing whether there is a legitimate objection or a possibility of litigation and ensuring the processes are carried out in due course is 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 crucial to manage this stage with an expert lawyer in the field.

As 2M Law Office  we provide services throughout Turkey, especially in Istanbul, where urban transformation is most intense; in Istanbul’s priority transformation districts such as 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 during evacuation and demolition processes.