Legal Basis: Law No. 6306 Article 5/4 | Implementing Regulation Article 8/5
If, after a risky structure assessment, a demolition notice has been delivered to your building, and the deadlines have passed, but you are still in the house — can the state really open your door and enter? The answer to this question is clear and unambiguous: Yes, it can. Law No. 6306 allows, upon request by the Presidency or the Administration, for closed doors and areas to be opened by law enforcement with the written permission of the local administrative authority, and for evacuation to be forcibly carried out. This article examines in detail the legal basis of forced eviction, under what conditions it comes into play, how the procedure works, the legal responsibility of those who obstruct it, and whether the process can be stopped. (Law Art. 5/4 — Implementing Reg. Art. 8/5)
Key Provision in the Law
Article 5, paragraph 4 of Law No. 6306 clearly regulates this authority:
“In cases where the evacuation of structures covered by the law is prevented; if requested by the Presidency/Administration, based on the written permission granted by the local administrative authority, evacuation shall be carried out by opening or having opened closed doors/areas with the help of sufficient law enforcement forces.” (Law Art. 5/4)
Article 8, Paragraph 5 of the Implementation Regulation specifies the same provision: Prevention of evacuation can occur through actions and situations such as not allowing entry to the structure or independent section, locking doors, not opening them, threatening those who arrive, or using force and violence. In this case, the Presidency/Administration requests written permission and sufficient law enforcement forces from the local administrative authority; based on the written permission of the local administrative authority, the evacuation process is carried out ex officio by law enforcement forces by opening or having opened closed doors/areas. (Reg. Art. 8/5)
This authority does not require a court order. Only the written permission of the local administrative authority —governor at the provincial level, district governor at the district level— is sufficient. This means that the process can proceed extremely quickly.
When Does Forced Evacuation Come into Play? Prerequisites
Law enforcement intervention is not an arbitrary authority; certain stages must be completed. Forced evacuation can only be applied if all of the following prerequisites are met simultaneously:
1. The determination of the risky structure must be final: No objection should have been made, or any objection made should have been rejected. (Law Art. 3/1 — Reg. Art. 7/5)
2. Proper service of the demolition-eviction notice: The record must have been posted on the building, an e-Government notification sent, and announced in the mukhtar’s office for 15 days. (Law Art. 5/5 — Reg. Art. 8/2)
3. Expiration of the first demolition period (60-90 days): Evacuation and demolition must not have been carried out within the given period. (Law Art. 5/3 — Reg. Art. 8/3a)
4. Expiration of the additional period (30 days): The additional period granted after the first period must also have been completed, and evacuation still not provided. (Reg. Art. 8/3a)
5. Disconnection of electricity, water, and natural gas services: If evacuation has still not occurred, this sanction comes into effect. (Law Art. 4/3 — Reg. Art. 8/3c)
6. Actual obstruction of evacuation: There must be a concrete act of obstruction, such as locking doors, denying entry, or using threats or force. (Reg. Art. 8/5)
Forced eviction initiated without fulfilling all these preconditions is unlawful and may be subject to an annulment lawsuit.
Forced Eviction Procedure: Step by Step
The Law and Regulation stipulate the forced eviction procedure in a specific order:
1. Written Request from the Presidency or Administration (Law Art. 5/4 — Reg. Art. 8/5)
When it is determined that evacuation is obstructed, the Presidency or Administration requests the provincial administrative chief (governor or district governor) in writing to allocate sufficient law enforcement forces. This request must be in writing; an oral request is not sufficient.
2. Written Authorization of the Local Administrative Chief (Art. 5/4 of the Law)
The governor or district governor issues a written permission document and allocates a sufficient number of law enforcement forces. Without this permission document, law enforcement forces do not have the authority to intervene. In other words, the sole legal basis for entering the structure is this written permission; a court order or prosecutor’s approval is not required.
3. Intervention of Law Enforcement Forces (Art. 5/4 of the Law — Art. 8/5 of the Regulation)
Closed doors and areas are opened or caused to be opened by means of sufficient law enforcement forces. The evacuation/eviction process is physically carried out. Law enforcement forces accompany the Administration personnel during this process; they do not personally manage the evacuation/eviction, but ensure physical security.
4. Preparation of a Report (Art. 8/3 of the Law — Art. 8/6 of the Regulation)
By the Administration or the Directorate, a report is drawn up regarding individuals obstructing the evacuation/eviction. This report serves as the basis for both a criminal complaint and expense tracking.
5. Criminal Complaint (Art. 8/3 of the Law — Art. 8/6 of the Regulation)
Regarding those who obstruct the detection, evacuation/eviction, and demolition works and procedures of risky structures, a criminal complaint is filed with the Chief Public Prosecutor’s Office by the Administration or the Directorate, in accordance with the relevant provisions of the Turkish Penal Code No. 5237. Penal and disciplinary provisions are also applied to public officials who do not perform their duties properly. (Art. 8/3 of the Law — Art. 8/6 of the Regulation)
6. Collection of Expenses (Art. 5/4 of the Law — Art. 8/8 of the Regulation)
Evacuation expenses incurred or caused by the Presidency or the Administration shall be pursued and collected from the owners in proportion to their shares, in accordance with the provisions of Law No. 6183.
Which Actions Are Considered “Obstruction”?
Article 8/5 of the Regulation enumerates examples of obstruction acts: (Reg. Art. 8/5)
Not allowing entry to the building or independent section
Locking or refusing to open the doors of the building or independent section
Threatening those who come for assessment or eviction
Using force and violence
This list is not exhaustive; all kinds of obstruction acts of a similar nature are covered. Passive resistance —sitting inside without opening the door— can also be considered an obstruction of eviction.
Are Tenants Also Subject to Forced Eviction?
Yes. The forced eviction provision covers not only owners but everyone in the building: owners, tenants, holders of limited real rights, and other persons actually residing there. (Law Art. 5/4 — Reg. Art. 17/1)
The following procedure is followed during the eviction of tenants:
Firstly, the owner must serve an eviction notice to their tenant; the notice clearly states the tenant’s obligation to be informed. If the owner fails to make this notification, the Administration directly notifies the tenant. If the tenant does not vacate the property within the period, the same forced eviction procedure is applied to the tenant.
Is It Possible to Stop Eviction?
Stopping the forced eviction process is extremely difficult; however, legal avenues are not entirely closed.
Annulment Lawsuit and Stay of Execution (Law Art. 6/9 — Admin. Proc. Law Art. 27)
An annulment lawsuit can be filed in the Administrative Court **within 30 days** from the date of notification against the risky building detection process or the eviction decision. However, filing a lawsuit alone does not stop the eviction. To stop the eviction, it is mandatory to obtain a separate **stay of execution (YD) decision** from the court.
If a YD decision is obtained:
Eviction and demolition procedures are suspended until the court decision becomes final.
Actual demolition cannot be carried out during the lawsuit.
If a YD decision cannot be obtained:
Even if the lawsuit continues, eviction and demolition cannot be stopped.
Even if the lawsuit is won after the building is demolished, the building does not return; however, compensation can be sought.
For this reason, the annulment lawsuit must be filed **with a request for a stay of execution (YD)**. (Admin. Proc. Law Art. 27)
Reinforcement Decision (Reg. Art. 8/7)
Choosing the reinforcement option within the demolition period can also stop the eviction process. However, this requires obtaining the written consent of 4/5 of the owners, proving that reinforcement is technically possible, preparing the project, and obtaining a permit. With the acquisition of the reinforcement permit, the demolition and eviction process stops.
The Criminal Aspect of Obstruction: Offenses Under the TPC
Obstructing the eviction of a risky building may constitute a crime under multiple provisions of the Turkish Penal Code No. 5237: (Law Art. 8/3 — Reg. Art. 8/6)
Resisting the performance of duty (Turkish Penal Code Art. 265): Those who use force or threat to prevent a public official from performing their duty are subject to a prison sentence of 6 months to 3 years. This article comes into play in cases of resistance to authority.
Violation of the inviolability of the domicile (Turkish Penal Code Art. 116): This provision applies to individuals who enter another’s residence without permission, not to officials who enter by force. The entry of officials under Law No. 6306 is based on legal authorization and does not constitute this crime.
Insult and threat (Turkish Penal Code Art. 106, 125 et seq.): Individuals who threaten or insult the evacuation team may also be prosecuted under these articles.
Crimes against the public (Turkish Penal Code Art. 314 and similar): Cases of organized or ongoing resistance may be evaluated under more severe provisions.
Criminal liability may cover not only property owners but also tenants, family members, or third parties who actively obstruct the evacuation.
Ex Officio Implementation Under Article 6/A: A Faster Way
Article 6/A of Law No. 6306 stipulates that transformation practices in areas where structures are at risk of collapse, or in structures severely damaged or at risk of damage after a disaster, can be carried out ex officio by the Presidency without requiring the consent of the owners and relevant parties. (Law Art. 6/A)
Under this article:
Risk assessment for structures can be carried out ex officio by law enforcement, with the written permission of the local administrative authority, upon the request of the Presidency.
The evacuation process is much faster; posting a notice on the building’s door and a 2-day announcement at the headman’s office are considered sufficient.
The objection period is 2 days, and the resolution of the objection is 3 days.
This means that forced eviction can come into question in much shorter periods than ordinary eviction processes. (K. Md. 6/A — Y. Md. 6/A)
What Happens to the Tenant’s Lease Agreement?
Upon finalization of the hazardous building determination, the lease agreement is also considered terminated under Law No. 6306. For instance, if a 1-year lease agreement was made, the hazardous building determination was finalized in the 2nd month, and eviction was carried out, the agreement ends from the date of eviction despite being a 12-month contract.
In this situation, the tenant has the following rights:
Relocation assistance: Tenants who vacate by agreement receive one-time relocation support. (K. Md. 5/1 — Y. Md. 16/3)
Deposit refund: The owner is obliged to refund the tenant’s deposit. (TBK Md. 342)
Right of priority in renting: After the building is demolished and rebuilt, the owner must provide written notification to the former tenant. The tenant may wish to rent the apartment at the new rental price within 1 month. If the owner fails to fulfill this obligation within 3 years, the tenant’s right to compensation arises. (TBK Md. 351)
Practical Warnings: Critical Points in the Process
Locking the door or not opening it is a crime. A locked door makes police intervention legal. Opening the door or having it opened is an integral part of the procedure; this action does not constitute a violation of the inviolability of the home. (Y. Md. 8/5)
Resistance incurs criminal liability. Threatening or using force against arriving officials constitutes the crime of obstructing official duty and may result in a prison sentence of 6 months to 3 years. (K. Md. 8/3 — TCK Md. 265)
It is not possible to stop eviction through legal action without a stay of execution decision. Filing a lawsuit does not suspend the eviction; proceedings continue without obtaining a stay of execution decision from the court. (İYUK Md. 27)
Forced eviction carried out before the deadline is unlawful. Forced eviction proceedings initiated before the expiry of the initial and additional periods can be challenged in an annulment lawsuit; in this case, filing a lawsuit with a request for a stay of execution is an effective legal tool. (K. Md. 5/3-4 — K. Md. 6/9)
You are obliged to follow official notification channels. Notification is deemed to have been made on the last day of the headman’s announcement, and deadlines start running from that moment. “I didn’t know” is not a valid excuse. (K. Md. 5/5 — Y. Md. 8/2)
Expenses are collected from the property owner through enforcement. If forced eviction expenses are not paid within 1 month following the notification, they are pursued like a tax receivable under Law No. 6183. (Y. Md. 8/8)
Why is Expert Legal Support Necessary?
The forced eviction process is a rapid, irreversible stage that leads to serious legal consequences. As 2M Hukuk Law Office, in our urban transformation consultancy services provided throughout Istanbul, especially in Tuzla, we observe the following:
Time for a Stay of Execution (YD) decision is extremely short and critical. When filing an annulment lawsuit, the request for a Stay of Execution (YD) must be prepared completely, supported by correct legal grounds and technical expert opinion. Courts examine YD requests promptly; inadequate petitions are rejected. With the support of an urban transformation lawyer, this request can be formulated much more strongly. (Administrative Procedure Law Art. 27)
Procedural errors can lead to favorable outcomes. Forced evictions initiated before the expiration of the initial or extended period, irregular notifications, or police interventions carried out without written permission are unlawful. Identifying these errors and properly presenting them to the court is possible with the support of an Istanbul urban transformation lawyer.
Tenants’ relocation assistance and priority leasing rights require active follow-up. If legal follow-up is not pursued to protect tenant rights after forced eviction —such as deposit refund, relocation support, and priority leasing right— these rights may not be effectively exercised.
It is possible to object to cost tracking. Legal support is also essential to object to the amount of eviction costs incurred by the administration or to the share calculation. Erroneously calculated costs can be corrected through administrative objection or litigation.
2M Law Office, operating as a Tuzla lawyer, provides legal support throughout Istanbul at every stage of urban transformation, from risky building objections to forced evictions, from annulment lawsuits with Stay of Execution (YD) requests to rent assistance applications.
Conclusion
In accordance with Article 5/4 of Law No. 6306 and Article 8/5 of the Implementation Regulation, if the evacuation of a risky building is prevented, law enforcement forces can forcefully carry out the evacuation by opening closed doors, upon a written request from the Presidency or the Administration and with the written permission of the local administrative authority. This authority does not require a court order; only the written permission of the local administrative authority is sufficient. Those who prevent the evacuation are not only forcibly evicted but also face a criminal complaint under the Turkish Penal Code (TCK). The only legal means to stop the process is an annulment lawsuit with a request for a stay of execution. Therefore, applying to an expert urban transformation lawyer without delay from the moment the notification is received is the only way to prevent loss of rights and manage the process most effectively. (Law Art. 5/4 — Reg. Art. 8/5 — Law Art. 6/9)
This article has been prepared based on Law No. 6306 (Art. 5/4), the Implementation Regulation (Art. 8/5), and current legal resources accessible as of April 2026. Since each specific situation may vary, it is recommended that you seek support from an expert urban transformation lawyer in legal processes.
