Legal Basis: Law No. 6306 Article 3/1 | Implementation Regulation Article 7/2a

If you’re wondering whether your building is earthquake-resistant or if you’ve received a notification for a risky building assessment at your door, this guide is for you. Risky building assessment is not merely a technical examination; it’s a critical administrative procedure that directly affects your property rights, housing security, and all subsequent legal processes. In this article, within the framework of Article 3 of Law No. 6306 and Article 7 of the Implementation Regulation, we address who can request the assessment, how it’s done, who bears the costs, and practical points to consider, with updated information for 2026. (Law Art. 3 — Reg. Art. 7)

What is a Risky Building?

According to Article 2 of Law No. 6306, a risky building is a structure that is located within or outside a risky area and is determined, based on scientific and technical data, to have completed its economic life or to carry the risk of collapse or severe damage. (Law Art. 2/d — Reg. Art. 3/g)

In practice, buildings falling under the scope of risky buildings typically have the following characteristics:

Being constructed in violation of the current earthquake regulation

Serious damage or decay in load-bearing columns, beams, or shear walls

Inadequate concrete quality (low compressive strength)

Impairment of structural integrity due to insufficient reinforcement or corrosion

Having completed its economic life

Important: Not every old building is automatically considered a risky structure. The building’s construction year alone is not decisive; a technical inspection is mandatory. (Reg. Art. 7/1)

Who Can Make the Determination? Authorized Institutions

The authority to determine risky structures is granted to a limited number of institutions and organizations. Reports prepared by unlicensed individuals or firms are legally invalid, and cannot lead to an annotation on the title deed or the commencement of the demolition process. (Law Art. 3/1 — Reg. Art. 6/1)

The institutions and organizations authorized to determine risky structures in accordance with the Law and Regulation are as follows:

1. Urban Transformation Presidency: It can make or commission determinations ex officio when deemed necessary. (Law Art. 3/1 — Reg. Art. 7/2b)

2. Administration (Municipalities and Provincial Special Administrations): Municipalities are authorized within municipal and adjacent areas, provincial special administrations outside these areas, and metropolitan municipalities in metropolitan cities. (Law Art. 2/b — Reg. Art. 6/1)

3. Institutions and organizations licensed by the Presidency:

Public institutions and organizations

Universities

Companies whose capital is at least 40% owned by public institutions and organizations

Non-governmental organizations operating in the field of earthquake engineering and earthquake protection

Construction inspection and laboratory organizations that have obtained a permit from the Ministry in accordance with Law No. 4708

Civil, geological, and geophysical engineering institutions and organizations that have registered their offices in accordance with TMMOB Law No. 6235 (Reg. Art. 6/1)

Critical Warning: Individual engineers, municipalities, universities, or professional chambers can carry out risky building detection only if they are licensed by the Presidency. Detection carried out without a license is legally invalid. Before having the detection carried out, be sure to confirm the organization’s Presidency license from www.kentseldonusum.gov.tr. (Reg. Art. 6/1)

Who Can Request the Detection? Right to Apply

The right to initiate risky building detection is primarily granted to the building owner. Tenants or other rights holders do not have the authority to make this request alone. (Law Art. 3/1 — Reg. Art. 7/2a)

By the Owner or Legal Representative

Citizens can have the risky building detection of their structures carried out, at their own expense, upon the application of one of the owners or their legal representative, by institutions and organizations licensed by the Presidency. It is not mandatory for all owners of the building to apply simultaneously; the application of a single owner is sufficient. (Law Art. 3/1 — Reg. Art. 7/2a)

The person who will apply varies depending on the title deed status:

In buildings where floor easement or condominium ownership has been established: The owner of the relevant independent section applies.

In land share deeds (where condominium ownership has not been established): The owner of the land share, who owns the structure actually located on the land, applies.

If the structure belongs to a different person than the landowner and is specified in the land registry: The party with an annotation in their favor regarding the determination carries it out. (Reg. Art. 7/2a)

Ex Officio by the Presidency or Administration

The Presidency/Administration can carry out the determination of risky structures ex officio, or it can request it from the owners or their legal representatives by giving them a deadline. If the owners do not have the determination carried out within the given period, the determinations are carried out or arranged by the Presidency or the Administration. (Law Art. 3/1 — Reg. Art. 7/2b)

In this case, the expenses still belong to the owners; the Presidency or Administration pursues and collects the incurred expenses from the owners, in proportion to their shares, according to Law No. 6183. (Reg. Art. 7/2b)

Consequences of Preventing the Determination

In case the determination of a risky structure is prevented; upon request by the Presidency/Administration, the determination is carried out ex officio by opening or having opened closed doors/areas with sufficient law enforcement, based on a written permit issued by the local administrative authority. Additionally, a criminal complaint is filed with the Public Prosecutor’s Office against those who prevent the determination, in accordance with the relevant provisions of the Turkish Penal Code (TCK). (Law Art. 3/1 — Reg. Art. 7/2c)

To Which Structures Does Risky Structure Determination Not Apply?

The Regulation has also clearly specified the structures excluded from the scope of determination. The following structures cannot be subject to risky structure determination: (Reg. Art. 7/1)

Structures under construction and not yet inhabited

Structures that are derelict or have their structural integrity compromised for another reason

The assessment applies only to structures with the following characteristics: those that can be used independently, are roofed, can be entered by people; structures used for living, working, entertainment, resting, or worship, as well as structures used for the protection of animals and goods. (Y. Md. 7/1)

How Does the Assessment Process Work Step by Step?

Step 1: Application to a Licensed Institution

The owner or legal representative applies to an institution licensed by the Presidency. The assessment request is made through the electronic software system. The following documents are usually requested with the application: (Y. Md. 7/2a)

Copy of identity card

Deed (current deed record with encumbrances)

Deed transcript of all independent sections

Property (building) declaration

Numeration (address identification) document

Document stating the absence of a building permit or reinforcement project

Step 2: On-site Technical Inspection

After the application, the licensed institution visits the structure to conduct a technical inspection. The inspection includes the following procedures:

Observation of the structure’s load-bearing system

Taking core samples (cylindrical samples) from concrete and measuring compressive strength

Reinforcement detection (thickness of steel bars and corrosion status)

Survey (building measurement) works

Additional analysis if a ground survey is required

The determination is made in accordance with the Principles for the Identification of Risky Buildings in Annex-2 of the Regulation and by using the electronic software program developed by the Presidency. (Reg. Art. 7/1)

3. Step: Preparation and Submission of the Report to the Administration

After the licensed institution completes the determination, it prepares a Risky Building Detection Report and sends this report to the Urban Transformation Directorate or, if authority has been delegated, to the municipality via the electronic software system. The report must include the address and building code of the building subject to detection in the National Address Database. (Reg. Art. 7/4)

4. Step: Review of the Report and Annotation in Title Deed

The Directorate or municipality reviews the report. If deficiencies are found, the report is returned to the licensed institution for correction. If no deficiencies are found, a notification is made to the land registry office within 10 business days at the latest, and a “risky building” annotation is recorded in the declarations section of the land registry. (Law Art. 3/2 — Reg. Art. 7/4)

5. Step: Notification to the Owner

The minutes containing information about the determination are made through three channels simultaneously: (Law Art. 3/2 — Reg. Art. 7/4)

The minutes are personally affixed to the building

Owners are notified via the e-Government Portal

It is announced for a period of 15 days at the relevant headman’s office (muhtar’s office)

On the last day of the headman’s announcement, all owners of real and personal rights are deemed to have been notified. Structures are also announced on the Presidency’s website for 15 days. From this date, a 15-day objection period begins. (Reg. Art. 7/4-5)

Principle of a Single Report for Each Structure

Article 7/3 of the Regulation stipulates that only one hazardous structure detection report can be issued for each structure. Exceptions are as follows: (Reg. Art. 7/3)

If a report needs to be re-issued upon an objection or court decision

If it is determined that the report was prepared contrary to the truth

If a concrete event has occurred, other than an intentional intervention that could affect the risk status of the structure

Licensed organizations must check through the electronic software system whether a report has been previously issued for that structure before creating a structure record. (Reg. Art. 7/3)

Attention: If detection is not made within 2 months after creating the structure record, the record will be deleted from the electronic system upon the request of any of the owners, or ex officio by the Presidency if not made within 6 months. (Reg. Art. 7/3)

Who Bears the Detection Costs?

The costs of hazardous structure detections belong to the owners. In cases where hazardous structure detection and demolition procedures are carried out by the Presidency or the Administration, the owners are responsible for the detection costs in proportion to their shares. (Law Art. 3/1 — Reg. Art. 7/2b)

Notification regarding the costs is issued by the Presidency or the Administration, and payment must be made within 1 month following the notification. Costs not paid on time will be pursued and collected in accordance with the provisions of Law No. 6183. (Y. Art. 7/2b)

2026 Assessment Fees (Approximate)

Risky building assessment fees vary according to the size of the building, the number of floors, and the method to be applied. Approximate ranges based on market prices are as follows:

Note: These figures are subject to change based on market conditions. It is recommended to obtain quotes from multiple licensed organizations for an exact price. For the Ministry’s unit price list, please check www.kentseldonusum.gov.tr. (Y. Art. 7/2b)

Report Results: Risky or Risk-Free?

Upon completion of the technical inspection, one of two results will emerge:

Risk-Free: The structure is not identified as risky; no annotation is placed on the land registry, and the process ends.

Hazardous: The building is annotated in the land registry as “hazardous building”. This annotation is also valid against third parties and becomes visible during property sale and transfer procedures. Upon receiving the notification, property owners have a 15-day objection period. If no objection is made or the objection is rejected, the assessment becomes final, and the demolition process begins. (Law Art. 3/1-2 — Reg. Art. 7/4-5)

How to Object to a Hazardous Building Determination?

Against the assessment result, the owner or legal representative can file an objection with a petition within 15 days from the last day of the headman’s office announcement, to the Urban Transformation Directorate or, if authority has been delegated, to the municipality. (Law Art. 3/1 — Reg. Art. 7/5)

Important: The right to object belongs only to the building owner and their legal representative. An objection by only one of the owners will have consequences for the entire building; other owners are not required to participate in the objection. Objections made outside the period and objections by non-owners will not be processed. (Reg. Art. 7/5)

Objections are evaluated by a 7-member technical committee consisting of 4 university faculty members and 3 Ministry/Presidency technical personnel. The committee examines all technical elements of the report, regardless of the grounds stated in the objection petition, and, if necessary, visits the building on-site. The technical committee’s decision is final. (Law Art. 3/1 — Reg. Art. 9-10)

Strengthening Option: Do You Have to Demolish?

Even if the risky building determination is finalized, demolition is not mandatory. The building can be strengthened if the following conditions are met within the period given to the owners: (Reg. Art. 8/7)

Having an expert institution determine that strengthening is technically possible

Obtaining the written consent of 4/5 of the floor owners in accordance with Article 19/2 of the Condominium Law

Having the strengthening project prepared and obtaining a license

Completing the strengthening work within the period specified in the license

After the strengthening is completed, an application is made to the Urban Transformation Directorate to lift the risky building annotation in the land registry. (Reg. Art. 8/7)

Special Rule for Buildings That Are Cultural Assets

The determination of risky structures within the scope of Law No. 2863 on the Protection of Cultural and Natural Assets can be made only upon the request of the building owners. After the determination is finalized, a notification is made to the relevant Regional Board for the Protection of Cultural Assets, and the implementation is determined according to the decision taken by the board. (Reg. Art. 7/8)

Inquiry for Risky Building Determination from e-Devlet

You can inquire whether your building is subject to risky building determination via the e-Devlet Portal. To do this, you can reach the relevant page by typing “Risky Building Determination” into the e-Devlet search bar. Additionally, you can access the list of licensed institutions and risky building announcements in your region via the official website of the Urban Transformation Presidency, www.kentseldonusum.gov.tr.

Practical Warnings: Common Mistakes Made During the Process

Do not have assessments carried out by unlicensed firms. Reports prepared by individuals or firms without a Ministry license are completely invalid. They lead to both loss of rights and loss of time. (Reg. Art. 6/1)

Closely follow the notification channels. The notification is deemed to have been made on the last day of the headman’s office announcement. Not having seen the e-Government notification does not protect you; the 15-day objection period starts from that date. (Law Art. 3/2 — Reg. Art. 7/4)

Do not miss the objection period. The 15-day objection period is preclusive. Objections made after the period has expired will not be processed. (Reg. Art. 7/5)

Pay the expenses on time. If the 1-month payment period is missed for assessments made by the Presidency or the Administration, enforcement proceedings may be initiated under Law No. 6183. (Reg. Art. 7/2b)

Know the principle of one report per structure. It is not possible to request more than one report for the same structure; however, a re-examination can be requested through an objection. (Reg. Art. 7/3)

Obstructing an assessment constitutes a crime. Preventing the technical team from entering the structure leads to a criminal complaint under the TCC, and the administration also has the authority to forcibly enter with police support. (Law Art. 3/1 — Reg. Art. 7/2c)

Conclusion

Within the framework of Article 3 of Law No. 6306 and Article 7 of its Implementing Regulation, the identification of risky structures is a multi-layered process primarily left to the owner’s initiative, but in which the Presidency and the Administration can also intervene ex officio when necessary. Only Ministry-licensed organizations can carry out the identification; costs are, as a rule, borne by the owners. There is a 15-day right to object to the identification decision, and the objection is evaluated by a 7-person technical committee. Although a strengthening option is also available, specific technical and legal conditions must be met for this. (Law Art. 3/1 — Reg. Art. 7)

Managing the process correctly from the beginning is of great importance both to prevent loss of rights and to avoid unnecessary demolition and expenses. Obtaining support from a legal consultant before identification or during the objection phase will facilitate the sound management of this process.

This article has been prepared based on Law No. 6306 (Art. 3/1) and the Implementing Regulation (Art. 7/2a), as well as official sources and public data of the Urban Transformation Presidency as of April 2026. Identification fees vary according to market conditions, and it is recommended to check www.kentseldonusum.gov.tr for up-to-date information before applying.

Why is Expert Lawyer Support Necessary?

The objection process to risky structure identification, although it may seem like merely a petition issue at first glance, is actually a highly technical and legal process. The most common problem faced by citizens in Istanbul, Tuzla, and its surroundings during this process is the submission of objections with unsubstantiated petitions or unknowingly missing the 15-day deadline.

As 2M Hukuk Law Firm, during the consultancy process we provide in the field of urban transformation law throughout Istanbul, especially in Tuzla, we observe the following:

It is a process that requires both technical and legal knowledge. The petition of objection to be submitted to the technical committee must combine engineering issues such as core sample collection procedure, structural system analysis, and compliance with regulations, with legal language. An urban transformation lawyer can build this technical-legal bridge by working in coordination with construction engineers. (Reg. Art. 10/7)

Time management is critical. The 15-day administrative objection period and the subsequent 30-day cancellation lawsuit period are consecutive and extremely short deadlines. An owner who receives a risky building notification in Tuzla or any district of Istanbul should contact an urban transformation lawyer without losing time in this process.

Swift action is essential for an injunction (stay of execution). A request for a stay of execution (YD), which must be made simultaneously with the cancellation lawsuit, may be rejected by the court if it is procedurally non-compliant or submitted late. This situation paves the way for the demolition of the building while the lawsuit is ongoing.

The negotiation process also needs to be managed strategically. Even if the objection is unsuccessful, expert support from an Istanbul urban transformation lawyer makes a big difference in benefiting from rights such as rental assistance, temporary housing, and construction assistance under the best possible conditions before demolition. (Law Art. 5/1 — Reg. Art. 16/1)

2M Law Office, where we operate as a Tuzla lawyer, provides services in matters of objection to risky structures, annulment lawsuits, requests for stay of execution, and urban transformation consultancy under Law No. 6306. By obtaining proper urban transformation consultancy from the very beginning of your process, you can prevent loss of rights in both technical and legal aspects.