How much time is given to owners for the demolition of a risky structure? The current “ninety-day” rule, the change in the old 60+30 day practice, and the consequences of the deadline.

One of the most critical questions for owners whose risky building determination has been finalized is, how much time they have for demolition. This period is decisive both for planning relocation and housing and for evaluating alternatives such as reinforcement. Moreover, this period has been re-regulated with legislative changes in recent years; therefore, it is important to know the current rule.

Current Rule: Maximum 90 Days

According to the current legislation, the time granted for demolition is a single period and cannot exceed ninety days. For the demolition of a risky structure, the Administration grants a period not exceeding ninety days, and it is specified that if the structure is not evacuated and demolished within this period, it will be evacuated and demolished by administrative authorities; evacuation and demolition are requested from the property owners (Implementation Regulation art. 8/3-a). In the same vein, the Law also stipulates that owners will be given a period not exceeding ninety days for the demolition of risky structures; and if it is not demolished within this period, it will be announced that the structure will be demolished by administrative authorities (Law No. 6306, art. 5/3).

The Old 60+30 Day Practice Has Changed

At this point, a common misconception needs to be clarified. In past practice, a sixty-day period, followed by an additional thirty-day period, was granted for demolition. However, with the amendments in 2023 and 2024, this two-stage structure has been abolished; instead, a single period not exceeding ninety days has been introduced (Law No. 6306, Article 5/3; Implementation Regulation, Article 8/3-a). Therefore, in the current process, instead of the old information like “60 days first, then 30 days,” a single period of up to ninety days should be taken as the basis. Since the old period can still be found on the internet and in some old sources, it is important to verify the current legislative text.

What Should the Owner Do During This Period?

The ninety-day period should not only be used to await demolition but also to evaluate alternatives. During this period, owners can carry out the demolition themselves, or, if conditions permit, they can opt for reinforcement. Regarding the rights and obligations of owners who do not wish to participate in the process instead of demolition or urban transformation, the article The Situation of Owners Who Do Not Want to Participate in Urban Transformation can be guiding. If no action is taken within the period, the demolition will be carried out ex officio by the administration at the end of the process.

What Happens If the Period Expires?

If evacuation and demolition are not carried out within the given period, the process passes to the administration. Risky structures not demolished within the period given to the owners are reported to the civil authority, and evacuation and demolition procedures are carried out or arranged with the support of law enforcement (Implementation Regulation art. 8/3-ç). Structures determined not to have been demolished on time are demolished/caused to be demolished by the Administration (Implementation Regulation art. 8/4), and the owners are responsible for the expenses in proportion to their shares (Implementation Regulation art. 8/8). For the current text of the legislation, the Legislation Information System should be followed.

Frequently Asked Questions (FAQ)

How much time is given for the demolition of a risky structure? A period not exceeding ninety days is given by the administration (Law No. 6306 art. 5/3; Implementation Regulation art. 8/3-a).

Is the demolition period still 60+30 days? No. The old two-stage application has changed; the current period is a single period of a maximum of ninety days (Law No. 6306 art. 5/3; Implementation Regulation art. 8/3-a).

Can I reinforce the structure within the given period? Yes. Reinforcement can be carried out provided that the conditions are met within the given period (Implementation Regulation art. 8/7).

What happens if the period expires? The structure is reported to the civil authority; evacuation and demolition are carried out by the administration with law enforcement support, and the costs are collected from the owners (Implementation Regulation art. 8/3-ç, 8/4 and 8/8).

Why is Expert Legal Support Necessary?

Correctly calculating the demolition period and timely evaluating alternatives such as reinforcement within this period are critical for protecting both the housing and property rights of the owners. Acting with outdated information regarding the timeline can lead to incorrect planning and 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 process is managed by a lawyer specializing in the field.

2M Law Office (Attorney Meryem Günay) as 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 Kocaeli’s Gebze and Darıca regions. As Istanbul urban transformation lawyers and Tuzla urban transformation lawyers, we offer legal support to rights holders during eviction and demolition processes.