What to do if the objection to a risky building is rejected by the technical committee? Annulment lawsuit in the administrative court, 30-day period, competent and authorized court.

When the objection to the risky building determination is rejected by the technical committee, the process does not end; the most important legal avenue, administrative justice, i.e., an annulment lawsuit, remains. However, at this stage, the deadline is also vitally important, and a special period, different from the general administrative lawsuit period, applies. In this article, we address the annulment lawsuit to be filed in case of the objection’s rejection, its deadline, and the competent court.

Rejection of Objection Opens the Path to Lawsuit

When the technical committee rejects the objection, the risky building determination becomes final administratively; however, this does not mean that the judicial path is closed. Pursuant to Article 125 of the Constitution, the judicial path is open against all administrative acts and actions. Since the risky building determination is also an administrative act, the owner whose objection is rejected can file an annulment lawsuit in the administrative court for the cancellation of this act. Since the risky building determination is an act based on scientific and technical data (Law No. 6306, Art. 2/1-d), the unlawfulness of the report in terms of technical and legal aspects is asserted in the annulment lawsuit.

Annulment Lawsuit Period: 30 Days

The statute of limitations for an annulment lawsuit filed against a risky structure determination differs from the general administrative lawsuit period. Although, as a rule, the period for filing a lawsuit in administrative courts is sixty days under the Administrative Procedure Law no. 2577, due to the special provision in the ninth paragraph of Article 6 of Law no. 6306, the period for filing an annulment lawsuit against actions established under this Law is thirty days (Law no. 6306, Art. 6/9). If an objection has been made and rejected, this thirty-day period begins to run from the date of notification of the technical committee’s rejection decision. Confusing this period with the general sixty-day period frequently leads to loss of rights; therefore, the special thirty-day period must be taken as a basis.

Competent and Authorized Court

An annulment lawsuit must be filed in the correct court. In an annulment lawsuit filed against a risky structure determination, the competent judicial authority is the administrative court. The authorized court, due to its relation to the immovable property subject to the lawsuit, is the administrative court in the location where the risky structure is situated, in accordance with the special jurisdiction rule in the Administrative Procedure Law (Law no. 6306, Art. 6/9). Therefore, the lawsuit is filed in the administrative court to which the province or district where the structure is located is affiliated.

Result of Annulment Decision

The administrative court examines whether the report complies with the law. If it detects an unlawfulness, it decides to cancel the risky building detection process; in this case, the administrative act is nullified and produces legal effects as if it had never been made. With the cancellation decision, the removal of the risky building designation in the land registry and the halt of the process come into question. Conversely, if the court finds the report lawful, it rejects the case and the process proceeds based on the finalized determination. For the entire process, the articles on the general framework of the urban transformation process and how the absolute majority is calculated in urban transformation for the decision stage after the determination is finalized can be reviewed. For the current text of the legislation, the Legislation Information System should be followed.

Frequently Asked Questions (FAQ)

What can I do if my objection is rejected? You can file a lawsuit in the administrative court for the annulment of the risky building detection process (Law No. 6306, Art. 6/9).

How many days is the period for a risky building annulment lawsuit? It is 30 days; due to the special provision in Law No. 6306, Art. 6/9, a 30-day period is applied, not the general 60-day period.

When does the period begin? If the objection has been rejected, the 30-day period begins to run from the notification of the technical committee’s rejection decision (Law No. 6306, Art. 6/9).

In which court is the lawsuit filed? The court of jurisdiction is the administrative court, and the competent court is the administrative court located where the building is situated (Law No. 6306, Art. 6/9).

Why Is Expert Lawyer Support Necessary?

Filing an annulment lawsuit within the special 30-day period and in the correct court is a prerequisite for the case to be heard on its merits. Confusing this period with the general 60-day period or preparing the petition without technical grounds can lead to irrecoverable 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 result in significant loss of rights. Therefore, it is of great importance to pursue an annulment lawsuit with an attorney specializing in the field.

As 2M Law Office (Attorney Meryem Günay) we provide services across Turkey, especially in Istanbul where urban transformation is most active; 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 rights holders during risky building detection, objection, and annulment lawsuit processes.