How is risky building detection notified to owners, where is the record posted, and when does it become final? Title deed annotation, e-Devlet, neighborhood headman’s announcement, and the 15-day period.

Proper notification of risky building detection to the owners is one of the most critical stages of the process; because objection and lawsuit periods begin to run depending on this notification. Knowing how the notification is made and when the detection becomes final is vital for the right holder to correctly calculate their deadlines and avoid loss of rights.

From Report to Title Deed Annotation: The First Step

The risky building detection report first undergoes an administrative review. The report is sent by the Administration that carried out the detection, or by a licensed institution or organization, to the Directorate in the province where the building is located, or to the Administration (usually municipalities) if authority has been delegated, via an electronic software system (Implementation Regulation art. 7/4). The reports are reviewed; if no deficiencies are found, buildings deemed risky are notified to the relevant land registry directorate within a maximum of ten business days to be recorded in the declarations section of the title deed ledger (Implementation Regulation art. 7/4; Law No. 6306 art. 3/2). Thus, an annotation is made in the declarations section of the title deed record indicating that the building is risky.

Notification is Made Concurrently Through Three Channels

The delivery of the detection to the owners occurs through a special procedure regulated in legislation. The record containing information regarding the detection is posted on the building to serve as a substitute for notification to owners of real and personal rights, it is communicated to owners via the e-Devlet Gateway, and it is announced at the relevant headman’s office for a period of fifteen days (Implementation Regulation art. 7/4; Law No. 6306 art. 3/2). Additionally, risky buildings are announced on the Presidency’s website for fifteen days. As can be seen, notification is not carried out through a single channel; it proceeds concurrently through posting on the building, e-Devlet, and the headman’s office announcement.

When is the Notification Deemed to Have Taken Place?

The most critical rule regarding the commencement of periods is this: The risky building detection process is deemed to have been served to the owners of in-kind and personal rights on the last day of the announcement made at the headman’s office (Uygulama Yönetmeliği m. 7/4; 6306 sayılı Kanun m. 3/2). In other words, the notification is deemed to have occurred on the last day of the fifteen-day announcement at the headman’s office and the objection period begins to run from this date. Therefore, correctly determining the start and end dates of the headman’s office announcement is of great importance.

When Does the Risky Building Determination Become Final?

The finalization of the determination depends on whether the right to object is exercised. If no objection is made within fifteen days from the notification, or if the objection made is rejected by the technical committee, the risky building determination becomes final. After the determination becomes final, the transformation process progresses, and it moves to the decision-making stage for the owners; in this regard, articles on how simple majority is calculated in urban transformation and for the entire process, the general framework of the urban transformation process can be reviewed. If the outcome of the determination changes due to an objection or a court decision, the situation is reported to the relevant land registry office, and the entry in the declarations section is updated accordingly (Implementation Regulation Art. 7/7). For the current text of the legislation, the Legislation Information System should be followed.

Frequently Asked Questions (FAQs)

How is a risky building determination notified? The report is posted on the building, owners are notified via e-Devlet, and it is announced in the headman’s office for fifteen days; additionally, it is announced on the Presidency’s website (Implementation Regulation Art. 7/4).

When is the notification considered to have taken place? The last day of the announcement made at the headman’s office is considered the date of notification to real and personal right holders (Implementation Regulation Art. 7/4; Law No. 6306 Art. 3/2).

When does the risky building determination become final? If no objection is filed within fifteen days from the notification, or if the objection is rejected, the determination becomes final.

How is the determination registered in the title deed? If there are no deficiencies, it is reported to the land registry office within ten working days at the latest, to be noted in the declarations section of the land registry (Implementation Regulation Art. 7/4).

Why is Expert Lawyer Support Necessary?

Whether the notification is made in accordance with the procedure and the accurate calculation of deadlines are critical for the protection of objection and litigation rights. Incorrect calculation of the last day of the headman’s office announcement can lead to missing the objection period and difficult-to-remedy loss of rights. 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. For this reason, it is of great importance that the notification and deadline follow-up are handled by a lawyer specialized in the field.

2M Hukuk Law Office (Attorney Meryem Günay) as a firm, we provide services throughout Turkey, particularly in Istanbul, where urban transformation is most active; in Istanbul’s primary 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 Istanbul urban transformation lawyers and Tuzla urban transformation lawyers, we offer legal support to rights holders throughout the risky building detection and objection processes.