What happens if a hazardous building report is issued for a false or non-existent structure? Criminal complaint, criminal liability, and reissuance of the report.

A hazardous building assessment report is an official document that entails serious legal and financial consequences; therefore, legislation stipulates criminal sanctions to deter the issuance of false reports. Issuing a report for a non-existent structure or the report being false leads to both a criminal complaint against the individuals involved and the reissuance of the report. In this article, we examine the process that unfolds in the case of a false report.

False Report is a Reason for Reissuance

As a rule, only one report is issued for each structure; however, a false report is an exception to this rule. The determination that a report was issued falsely is one of the situations requiring a new hazardous building assessment report to be prepared (Implementation Regulation Art. 7/3). This means that if a report is found to be false, a new assessment report can be issued without being bound by the single report rule. This prevents a report, issued erroneously or with malicious intent, from permanently placing the process on a wrong footing.

Report for a Non-Existent Structure: Criminal Complaint

The legislation prescribes the most severe sanctions for false and untrue determinations. Regarding the licensed organization’s partners and managers found to have submitted false documents in the license application, the engineer who prepared a risky structure detection report for a non-existent structure, and the owner who requested a risky structure detection for a non-existent structure, a criminal complaint is filed with the Public Prosecutor’s Office in accordance with the relevant provisions of the Turkish Penal Code No. 5237 (Implementation Regulation Art. 6/12). As can be seen, not only the engineer who prepared the report but also the owner who made a false request may face criminal liability.

Administrative Sanctions for Licensed Organizations

In addition to criminal liability, administrative sanctions are also applicable. Administrative sanctions stipulated in the Law are applied to licensed institutions or organizations that fail to perform their duties in accordance with the Law and relevant legislation, depending on the nature of the acts and circumstances committed (Implementation Regulation Art. 6/9). Administrative fines imposed on licensed organizations are paid within one month from the notification date; those not paid on time are reported to the relevant tax office for follow-up and collection in accordance with the provisions of Law No. 6183 (Implementation Regulation Art. 6/10). These sanctions aim to ensure that licensed organizations carry out the detection process carefully and in accordance with the legislation.

The Right-Holder’s Recourse Against a Faulty Report

The right holder who believes a report is untrue or erroneous can primarily object within the given period; upon objection, the technical committee examines the report with all its elements. Additionally, in cases where the untruthfulness constitutes a crime, an application to the Public Prosecutor’s Office may come into question. For the entire process, the articles on the general framework of the urban transformation process and for the stage after the determination becomes final, the article on how the simple majority is calculated in urban transformation can be reviewed. For the current text of the legislation, the Legislation Information System should be followed.

Frequently Asked Questions (FAQ)

What happens if an untrue risky building report is prepared? The report can be re-prepared, and a criminal complaint is filed against the engineer who prepared the report for a non-existent building and the owner who made an untrue request (Implementation Regulation Art. 7/3 and 6/12).

Is only the engineer responsible? No. A criminal complaint is also filed against the owner who requested a determination for a non-existent building, in accordance with the TCC (Turkish Criminal Code) (Implementation Regulation Art. 6/12).

Can a new report be obtained for an untrue report? Yes. The determination that a report was prepared untruthfully allows for a new report to be prepared as an exception to the single report rule (Implementation Regulation Art. 7/3).

Will the licensed entity be penalized? Administrative sanctions and administrative fines may be imposed on licensed entities that do not perform their duties in accordance with the regulations (Implementation Regulation Art. 6/9 and 6/10).

Why is Expert Legal Support Necessary?

Correctly determining the course of action (objection, request for a new report, criminal complaint) against an inaccurate or erroneous report is critically important for protecting the rights of the rightful owner. In these processes, the proper collection of evidence and the timely and correct submission of applications make a big difference. 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 such matters are handled by a lawyer who is an expert in the field.

2M Hukuk Law Office (Attorney Meryem Günay) as such, we provide services throughout Turkey, especially in Istanbul, where urban transformation is most intensive; 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 risky building detection and objection processes.