How many days is the objection period for risky building determination, and when does it start? Proper calculation of the neighborhood headman’s announcement, the notification date, and the 15-day forfeiture period.

The most critical issue in objecting to risky building determination is the time limit. Because the objection period is of a forfeiting nature; meaning, if this period is missed, the right to object is entirely lost. Moreover, when the period starts is often calculated incorrectly, leading to consequences that are difficult to remedy. In this article, we explain how many days the objection period is and exactly when it starts.

The Objection Period is 15 Days

The legislation has clearly defined the objection period. Against the risky building determination, an objection can be filed within fifteen days starting from the last day of the announcement made at the relevant neighborhood headman’s office (Implementation Regulation art. 7/5; Law No. 6306 art. 3/1). This fifteen-day period is a definitive period stipulated in the law and cannot be extended. Objections not made within the period will not be processed by the Directorate or the Administration (Implementation Regulation art. 7/5).

When Does the Period Start? The Critical Point

The start of the objection period is the most common point of error. The period does not start from the date of determination or the date the report was posted on the building; it begins to run from the last day of the announcement at the neighborhood headman’s office. Because the risky building determination process is deemed to have been notified to real and personal right holders on the last day of the announcement made at the neighborhood headman’s office (Implementation Regulation art. 7/4). The report is posted on the building, owners are notified via e-Devlet, and it is announced at the neighborhood headman’s office for fifteen days; this fifteenth (last) day of the neighborhood headman’s announcement is the notification date, and the objection period starts from this date.

Calculating the Period with a Practical Example

Let’s say the risky building report was posted on the structure on March 1st, and the announcement began at the headman’s office. Since the announcement at the headman’s office lasted fifteen days, the last day of the announcement would be March 15th. The notification is considered to have been served on this date, and the fifteen-day objection period begins to run from March 15th. In this example, the last day for objection would be around March 30th. As can be seen, to correctly calculate the period, it is first necessary to correctly determine the last day of the headman’s office announcement, and then the fifteen days to be added to this date.

What Happens if the Deadline is Missed?

Since the objection period is preclusive (resulting in forfeiture of rights), the administrative objection path closes if the deadline is missed. However, this does not mean that all legal remedies are exhausted; even if no objection has been made, the possibility of filing an annulment lawsuit in administrative court against the determination process within the prescribed period can be separately evaluated. Correct calculation of the period is crucial for preserving both the objection and litigation paths. For the entire process, the articles on the general framework of the urban transformation process and for the subsequent decision phase, the articles on how a simple majority is calculated in urban transformation can be examined. For the current text of the legislation, the Legislation Information System should be followed.

Frequently Asked Questions (FAQ)

How many days is the objection period for a risky building? It is fifteen days and is of a preclusive nature (Implementation Regulation Art. 7/5; Law No. 6306 Art. 3/1).

When does the objection period begin? It begins from the last day of the announcement made at the headman’s office; because the notification is deemed to have occurred on this date (Implementation Regulation art. 7/4 and 7/5).

Do I count the period from the day the report was posted? No. The period begins to run from the last day of the headman’s announcement; the date of posting the report alone is not the starting point (Implementation Regulation art. 7/4).

What happens if I miss the objection period? The administrative objection avenue closes; however, the possibility of an annulment lawsuit in administrative courts should be evaluated separately.

Why is Expert Legal Support Necessary?

The correct calculation of the objection period is of vital importance due to its preclusive nature. Incorrectly determining the last day of the headman’s announcement can lead to the complete loss of the right to object. Furthermore, evaluating whether legal recourse can be preserved if the deadline is missed is also a technical matter. 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 follow-up of deadlines is carried out with an attorney specialized in the field.

2M Law Office ) As 2M Law Office, we provide services throughout Turkey, especially in Istanbul, where urban transformation is most intense; including Istanbul’s priority transformation districts of Tuzla, Pendik, Kartal, Maltepe, Ümraniye, Ataşehir, Kadıköy, Sancaktepe, and Küçükçekmece, as well as the Gebze and Darıca regions of Kocaeli. As an Istanbul urban transformation lawyer and Tuzla urban transformation lawyer, we provide legal support to rights holders in risky structure detection and objection processes.