Urban Transformation in Türkiye: An Owner’s Roadmap from Risky-Building Report to Rebuild

1. What is a risky building?

Law No. 6306 defines a risky building as one, inside or outside a risk area, that has completed its economic life or has been found on scientific and technical evidence to be at risk of collapse or severe damage.

The age of the building, its appearance or the state of neighbouring buildings does not by itself lead to that result. The finding is a technical report based on examining the structural system and materials.

2. How the assessment is commissioned

Under the Law, the assessment is commissioned first by the building’s owners or their legal representatives, at their own expense, from institutions licensed by the Urban Transformation Presidency; the result is reported to the Presidency or the relevant administration.

The administration can also carry out the assessment itself or set owners a period in which to do so. When choosing an institution, ask at the outset whether its licence is current and what data the report will rely on.

3. Objection and the title record

Owners or their legal representatives can object to a risky-building finding within fifteen days. Objections are examined and decided by technical panels of university academics and Ministry and Presidency staff.

Risky buildings are noted in the declarations section of the land register. Anyone considering buying the property should see this entry when reviewing the title.

4. How decisions are taken

The Law provides that decisions on merging parcels, rebuilding, selling shares, and flat-for-land or revenue-sharing arrangements are taken by an absolute majority of the co-owners in proportion to their shares. Unanimity is not required.

The land shares of those who do not join the decision are sold by auction to the other co-owners who have reached agreement, at no less than the appraised market value. Because this stage has legal consequences, agreements and meeting minutes should be prepared with a lawyer.

5. Demolition and vacating

Owners are given a period of no more than ninety days to have a risky building demolished. If the owner does not do so within that period, notice is given that the administration will carry out the demolition.

The Law provides that owners and tenants of buildings vacated by agreement may be given temporary housing or rent assistance. Amounts, duration and application conditions depend on current rules; confirm them with the relevant administration before applying.

6. Comparing rebuild offers

Once the majority is in place, the main risk lies in the scope of the offer. Two contractor offers can only be compared on the same design, the same technical specification and the same list of exclusions.

• Ground investigation and a structural design to the earthquake code in force
• Total buildable area and unit split under the current zoning status
• Materials and building-services specification, common areas and parking
• Separate written periods for permit, demolition, construction and handover
• Delay, security and progress-payment terms, and the excluded works