Can a risky building be reinforced without being demolished? Technical feasibility of reinforcement, decision, project, license according to the Condominium Law, and the lifting of the annotation.

It is a common misconception that every building confirmed as a risky structure must necessarily be demolished. However, the legislation allows for the possibility of reinforcement instead of demolition if certain conditions are met. For owners who wish to preserve their building, reinforcement can be both an economic and practical alternative. In this article, we discuss the conditions and process of reinforcement.

Reinforcement is an Alternative

The legislation explicitly regulates reinforcement as an option instead of demolition. If reinforcement is desired instead of the demolition of a risky structure, certain procedures must be completed within the period given to the owners for the demolition of the risky structure (Implementation Regulation Article 8/7). In other words, the request for reinforcement must be made within the ninety-day period granted for demolition, and the necessary steps must be taken within this period.

Four Conditions for Reinforcement

To proceed with reinforcement, the legislation requires certain conditions to be met collectively. Owners must ensure that the technical feasibility of reinforcement is determined, a reinforcement decision is obtained as specified in the second paragraph of Article 19 of the Condominium Law, a reinforcement project is prepared, and a license is acquired within the framework of zoning legislation (Implementation Regulation Article 8/7). These four steps ensure that the reinforcement is valid from technical, legal, and administrative perspectives.

How is a Reinforcement Decision Made?

The strengthening decision is made by the joint will of the apartment owners. The Implementation Regulation stipulates that the strengthening decision must be made in the manner specified in the second paragraph of Article 19 of the Condominium Law (Implementation Regulation Art. 8/7). The correct application of majority rules when making this decision at the board of apartment owners is critically important for the validity of the decision. Regarding decision-making and majority calculation in the urban transformation process, the article on  how absolute majority is calculated in urban transformation can be guiding.

After Strengthening: Removal of the Annotation

When the strengthening is completed, the legal status of the building is rectified. After the strengthening work is completed within the period determined by the licensing authority according to the nature of the strengthening to be done, an application is made to the Directorate for the removal of the risky building annotation in the land registry (Implementation Regulation Art. 8/7). Thus, the risky building annotation in the land registry for the strengthened building, which is no longer risky, is cancelled. For the current text of the legislation,  Legislation Information System and Ministry of Environment, Urbanization and Climate Change sources should be followed.

Frequently Asked Questions (FAQ)

Can a risky building be strengthened without demolition? Yes. If certain conditions are met, strengthening can be done instead of demolition (Implementation Regulation Art. 8/7).

What are the conditions for strengthening? It is necessary to determine that strengthening is technically possible, make a decision according to Article 19/2 of the Condominium Law, prepare a project, and obtain a building permit (Implementation Regulation Article 8/7).

When should a strengthening decision be made? Strengthening should be requested within the period given to the owners for demolition, and the necessary procedures must be completed within this period (Implementation Regulation Article 8/7).

Does the risky building annotation disappear after strengthening? Yes. When strengthening is completed, an application is made to the Directorate for the removal of the annotation, and the entry is deleted (Implementation Regulation Article 8/7).

Why is Expert Lawyer Support Necessary?

Strengthening requires the completion of multiple steps such as technical determination, decision of property owners, project, and permit, in a short time and in the correct order. Failure to make the decision in accordance with the Condominium Law or initiating the process late can lead to the loss of the opportunity for strengthening and bring demolition onto the agenda. 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 strengthening process is carried out with a lawyer specialized in the field.

As 2M Law Office, we provide services across Turkey, especially in Istanbul where urban transformation is most intense; specifically 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 in strengthening, evacuation, and demolition processes.