What happens if entry to the building/apartment is not permitted for risky structure detection? In case of obstruction, the procedure for ex officio detection with the permission of law enforcement and the civil authority.
For risky structure detection, it is often necessary to physically enter the building’s load-bearing system, columns, and independent sections. However, in practice, one of the owners or a tenant may not allow entry into the apartment or may not open their door. The question, “If my neighbor doesn’t allow it, can the detection never be carried out?” arises at this point. The legislation has foreseen a special procedure to be followed in case the detection is obstructed.
What Situations Does Obstruction of Detection Cover?
The legislation explicitly enumerates the acts that obstruct detection. A special procedure comes into play in cases where risky structure detection is obstructed by actions such as not allowing entry to the structure or independent section, locking or not opening the doors of the structure or independent section, threatening those who come for detection, or using force and violence (Implementation Regulation art. 7/2-c). In other words, behaviors such as not granting permission, not opening the door, or threatening are not an obstacle that stops the detection indefinitely.
Ex Officio Detection by Law Enforcement in Case of Obstruction
When detection is obstructed, the solution stipulated by the Law is the intervention of law enforcement. In this case, for the purpose of carrying out the detection by the Presidency or the Administration, by entering the structure or the independent sections that need to be examined, if necessary by opening or having opened closed doors or areas, written permission and sufficient law enforcement personnel are requested from the local administrative authority; based on the written permission granted by the local administrative authority, the detection process is carried out or commissioned ex officio by means of law enforcement, by opening or having opened closed doors/areas (Law No. 6306 art. 3/1; Implementation Regulation art. 7/2-c).
This provision indicates that obstructing detection does not lead to a final outcome: The process can be legally completed with the permission of the local administrative authority and law enforcement support. Therefore, a landlord’s or user’s refusal to grant permission cannot permanently halt the transformation process.
How Does the Process Work?
In practice, if officials making determinations are obstructed, the relevant administration submits a written application to the civil administrative authority (district governorship/governorship) and requests law enforcement. After the civil administrative officer grants written permission, the structure is entered accompanied by law enforcement, and the determination is carried out. This process safeguards both the safety of the officials and the legality of the procedure. After the determination is completed, the process returns to its usual course; regarding this, articles on the general framework of the urban transformation process and how simple majority is calculated in urban transformation for the decision phase after the determination becomes final can be reviewed. For the current text of the legislation, the Legislation Information System should be followed.
Frequently Asked Questions (FAQ)
If my neighbor does not allow entry into the apartment, can a determination not be made? It can be made. In case of obstruction, a determination is made ex officio by opening closed areas with the help of law enforcement, based on a written permit obtained from the civil administrative officer (Law No. 6306 Art. 3/1; Implementation Regulation Art. 7/2-c).
Which behaviors are considered obstruction of a determination? Not allowing entry into the structure/independent section, locking/not opening doors, threatening those who come for the determination, or using coercion and violence (Implementation Regulation Art. 7/2-c).
Who grants permission for a determination? The civil administrative officer grants written permission for entry by opening closed areas and allocates sufficient law enforcement personnel (Implementation Regulation Art. 7/2-c).
Does the refusal to permit permanently halt the process? No. Blocking does not permanently halt the process; the determination can be completed ex officio by law enforcement (Implementation Regulation art. 7/2-c).
Why is Expert Legal Support Necessary?
The process of preventing determination and ex officio determination by law enforcement is a sensitive area that touches upon both procedural rules and fundamental rights and freedoms. The lawful execution of the process with the permission of the local administrative authority and support from law enforcement is also important for the validity of the report in subsequent objections and lawsuits. 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 such situations are managed with an expert lawyer in the field.
2M Law Firm as 2M Law Firm, 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 lawyer and Tuzla urban transformation lawyer, we offer legal support to rights holders in risky building determination and objection processes.
