How to obtain a demolition permit for a risky structure; is the consent of all owners required? Evacuation and utility disconnection documents, 6 business days, and the requirement for a static technical supervisor.
One of the most frequently encountered bottlenecks in the risky structure process is obtaining a demolition permit. Especially the questions “is the consent of all owners required for demolition, and does demolition stop if one owner objects?” frequently arise in practice. The legislation has introduced a special regulation that expedites the process and removes the consent requirement in this regard. In this article, we discuss how a demolition permit is obtained.
Consent is Not Required for Demolition Permits
The most critical point is this: The approval of all owners is not required for a demolition permit. According to the legislation, a demolition permit is issued within six business days upon the application of one or more of the property owners or their representatives, with the submission of certain documents or the official determination and record of the situation by the Administration, and without requiring the consent of the owners (Implementation Regulation art. 8/3-b). In other words, an application from one or more owners is sufficient; the consent of other owners is not a prerequisite for the demolition permit.
Conditions for a Demolition Permit
Even if consent is not required, some practical conditions must be met for the permit. For a demolition permit to be issued, documents from relevant institutions and organizations confirming that the structure to be demolished has been evacuated and that electricity, water, and natural gas services have been shut off must be submitted, or the Administration must determine and record that the structure has been evacuated and these services have been actually shut off (Implementation Regulation art. 8/3-b). Furthermore, in buildings with a height exceeding 21.50 meters, the designation of a static technical supervisor as the demolition supervisor is also mandatory (Implementation Regulation art. 8/3-b).
Can an Opposing Owner Stop the Demolition?
The practical significance of this regulation is important. After the risky building determination becomes final, demolition is not subject to the joint decision of the owners; it is a mandatory consequence of the law. Therefore, an owner’s objection to the demolition alone does not prevent the issuance of a demolition permit or the demolition itself. Regarding the limits and protection of owner rights in the process, for example, concerning the rights of attic and independent section owners, the rights of attic owners in urban transformation article can also be reviewed. However, an owner who believes the risky building determination is unlawful may apply for objection and annulment lawsuits within the prescribed period.
Demolition After Permit
After the demolition permit is issued, the demolition process is carried out. If the owners do not perform the demolition within the period, the process proceeds as an ex officio demolition with notification to the administrative authority and police support (Implementation Regulation art. 8/3-c and 8/4). In this case, the owners are responsible for demolition costs in proportion to their shares (Implementation Regulation art. 8/8). For the current text of the legislation, the Legislation Information System should be followed.
Frequently Asked Questions (FAQ)
Is the consent of all owners required for a demolition permit? No. A demolition permit is issued within six business days upon the application of one or more owners, without requiring consent (Implementation Regulation art. 8/3-b).
What documents are required for a demolition permit? Documents proving that the building has been evacuated and that electricity/water/natural gas has been shut off, or that this situation has been officially recorded by the Administration, are required (Implementation Regulation art. 8/3-b).
Are there additional requirements for high-rise buildings? Yes. For buildings with a height exceeding 21.50 meters, a structural technical supervisor must be designated as the demolition supervisor (Implementation Regulation art. 8/3-b).
Does demolition stop if an owner objects? No. Once the determination is finalized, demolition is a mandatory consequence of the law; an objection from a single owner does not prevent the demolition permit.
Why is Expert Lawyer Support Necessary?
In the demolition permit process, the correct collection of documents, the fulfillment of conditions such as appointing a structural technical supervisor, and the protection of rights during the process are important. Additionally, for owners who object to demolition, legal remedies such as challenging the determination and filing an annulment lawsuit must be pursued within the specified period. Urban transformation is a multilayered 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 handle the demolition permit and related processes with a lawyer specialized in the field.
2M Hukuk Law Office as a law firm, we provide services throughout Turkey, particularly in Istanbul, where urban transformation is most intensive; in Istanbul’s priority transformation districts of Tuzla, Pendik, Kartal, Maltepe, Ümraniye, Ataşehir, Kadıköy, Sancaktepe, and Küçükçekmece, as well as in 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 demolition permit, evacuation, and demolition processes.
