How is risky building detection carried out in cultural heritage, historical, or protected site areas? Owner’s request and the conservation board process for buildings covered by Law No. 2863.

A special topic in the urban transformation process is historical buildings classified as cultural assets and immovable properties in protected site areas. Since these structures need to be evaluated from both disaster risk and cultural preservation perspectives, the detection of risky buildings is subject to a special procedure, different from standard buildings. In this article, we examine how risky building detection is carried out for structures classified as cultural assets.

Cultural Heritage Structures Are Not Excluded

First, a misunderstanding must be clarified: historical structures or those classified as cultural assets are not entirely outside the scope of risky building detection; however, they are subject to a special procedure. The detection of risky buildings in structures covered by Law No. 2863 on the Protection of Cultural and Natural Assets is carried out upon the request of the property owners (Implementation Regulation Art. 7/8). This means that in these structures, detection begins upon the owner’s request, rather than being a process carried out ex officio as in standard buildings.

Notification to the Conservation Board After Detection

The finalization of detection in cultural heritage structures is not the end of the process; it is the beginning of a special stage. After the risky building detection is finalized, the situation is reported to the relevant regional board for the protection of cultural assets, and implementation is carried out according to the decision made by this board (Implementation Regulation Art. 7/8). Therefore, even if the risky building detection is finalized for these structures, demolition or another application is not carried out directly; first, the decision of the regional conservation board is obtained.

The Role of the Conservation Board

The regional conservation board makes decisions by considering the balance between the cultural and historical value of the structure and the risk of disaster. The board can assess the preservation, strengthening, or, if deemed necessary, transformation of the structure under certain conditions. Therefore, the transformation of cultural heritage structures is a two-layered process that requires the joint consideration of the provisions of both Law No. 6306 and Law No. 2863. For the general framework of the process, the articles on all stages of the urban transformation process and, for the decision stage after the determination is finalized, on how absolute majority is calculated in urban transformation can be reviewed.

Why is Special Attention Needed for These Structures?

In historical and cultural heritage structures, a balance is maintained between disaster safety and the preservation of cultural heritage. An incorrect application can lead to both the loss of the structure’s cultural value and administrative and criminal liability due to non-compliance with conservation legislation. Therefore, it is important for the owner to be guided correctly from the beginning of the process, considering both Law No. 6306 and Law No. 2863. For the current text of the legislation, the resources of the Legislation Information System and the Ministry of Environment, Urbanization and Climate Change can be followed.

Frequently Asked Questions (FAQ)

Is a risky building assessment carried out for historical/cultural heritage buildings? Yes, but with a special procedure. The assessment of buildings within the scope of Law No. 2863 is carried out upon the request of the building owners (Implementation Regulation Art. 7/8).

Is it directly demolished once the assessment is finalized? No. After the assessment is finalized, the situation is reported to the regional board for protection, and the implementation is carried out according to the board’s decision (Implementation Regulation Art. 7/8).

What does the protection board decide? The board can decide on preservation, reinforcement, or conditional transformation, considering both the cultural value of the building and its disaster risk.

Which laws are applied together? In these buildings, Law No. 6306 and Law No. 2863 on the Protection of Cultural and Natural Assets are evaluated together.

Why is Expert Legal Support Necessary?

Transformation in cultural heritage and protected (SIT) areas proceeds at the intersection of two separate legislative regimes, making it essential to act with the correct institution and procedure at every stage. Skipping or mismanaging the protection board process can lead to both loss of rights and administrative sanctions. Urban transformation is a multi-layered process where administrative law, real estate law, and contract law intersect, and even a single procedural error can result in significant loss of rights. Therefore, it is of great importance that the process for cultural heritage buildings is managed by an attorney specializing in this field.

2M Law Office (Attorney Meryem Günay) as such, we provide services throughout Turkey, especially in Istanbul, where urban transformation is most intense; 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 in risky building detection and objection processes.