How is the evacuation and demolition decision for a risky building communicated to the owners? Annex-7 report, e-Government notification, headman’s office announcement, and calculation of the notification date.
One of the most overlooked, yet most crucial, issues in the evacuation and demolition process is notification. This is because the deadlines given for demolition and the application rights of beneficiaries begin to run from the date the notification is completed. In this article, we discuss how the evacuation and demolition decision is notified and when it is considered to have taken effect.
Which Document Is Used for Notification?
Evacuation and demolition notifications are made with the reports specified in the legislation. Notifications to real and personal right holders regarding the evacuation and demolition of structures within the scope of the law are made by drawing up and posting the report located in Annex-7/A for risky buildings, and in Annex-7/B for risky areas and reserve building areas, by notifying the owners via the e-Government Gateway, and by announcing it in the relevant headman’s office for a period of fifteen days (Implementation Regulation Art. 8/2). Additionally, structures requested for evacuation are announced on the Presidency’s website for a period of fifteen days.
Notification via Three Channels Simultaneously
As can be seen, notification proceeds not through a single channel, but through multiple channels simultaneously: posting the report on the structure, notification via e-Government, and a fifteen-day announcement at the headman’s office (Implementation Regulation Art. 8/2). This multi-channel notification is foreseen to ensure that right holders are informed of the decision. The Law also regulates the same notification procedure (Law No. 6306, Art. 5/5).
When Is Notification Deemed to Have Occurred?
The critical rule regarding the commencement of periods is as follows: The process related to evacuation and demolition is deemed to have been served to the owners of real rights and personal rights on the last day of the announcement made at the headman’s office (mukhtar’s office) (Implementation Regulation art. 8/2; Law no. 6306 art. 5/5). In other words, the notification is not considered to have occurred on the day the record was posted, but on the last day of the fifteen-day announcement at the headman’s office (mukhtar’s office). The ninety-day period granted for demolition also starts to run from this notification date. For this reason, accurately determining the start and end dates of the mukhtar’s announcement is of great importance.
Process and Rights After Notification
With the completion of the notification, both the demolition period and some rights of the beneficiaries begin to run. At this stage, property owners should evaluate the demolition or reinforcement decision; and also consider issues such as square meter differences that may arise during the reconstruction process. For rights that may arise if the independent section area changes after the transformation, the article on compensation if square meters decrease in urban transformation can be reviewed. Notification and deadline tracking are fundamental for the healthy progression of all subsequent stages. For the current text of the legislation, Legislation Information System should be followed.
Frequently Asked Questions (FAQ)
How is the eviction and demolition decision notified? The Annex-7/A or Annex-7/B record is posted on the building, owners are notified via e-Devlet, and it is announced at the headman’s office (mukhtar’s office) for fifteen days (Implementation Regulation art. 8/2).
When is the notification considered to have been served? It is deemed served on the last day of the announcement made at the headman’s office (Implementation Regulation Art. 8/2; Law No. 6306 Art. 5/5).
When does the demolition period begin? The ninety-day demolition period starts from the notification on the last day of the headman’s office announcement (Implementation Regulation Art. 8/2 and 8/3-a).
Are separate notifications made to tenants? Notification is made by posting the record, via e-Government, and through the headman’s office announcement; the owner is also expected to notify the tenants and right holders using the building (Implementation Regulation Art. 8/2).
Why is Expert Lawyer Support Necessary?
Ensuring that the notification is made in accordance with proper procedure and that the notification date is correctly determined ensures the accurate calculation of demolition periods and the application periods for right holders. An irregular notification or an incorrectly calculated period can lead to 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. Therefore, it is of great importance that the notification and deadline tracking process be managed by a lawyer specialized in the field.
2M Hukuk Law Office as we provide services throughout Turkey, and especially in Istanbul, where urban transformation is most intensive; including Istanbul’s priority transformation districts of Tuzla, Pendik, Kartal, Maltepe, Ümraniye, Ataşehir, Kadıköy, Sancaktepe, and Küçükçekmece, as well as Kocaeli’s Gebze and Darıca regions. As Istanbul urban transformation lawyers and Tuzla urban transformation lawyers, we offer legal support to right holders during eviction and demolition processes.
