13.3.2023
What is Risky Building Detection?
Risky structures can be defined as structures in which the life safety of the people living in a possible disaster is not available. These structures must first be determined by their owners. Buildings identified as risky can be objected to. However, a sixty-day demolition process begins for structures that have been demolished.
Which Institutions Are Detected to be Risky Buildings in Turkey?
The buildings that are determined to be risky as a result of the studies are reported to the Provincial Directorate of Environment and Urbanization or the Administration. Provincial Directorates of Environment and Urbanization or Administrations examine the reports, if there are missing or incorrect issues in the reports, the reports are returned to the relevant person, and the annotation notification regarding other appropriate determinations is sent to the relevant land registry directorate.
Where to Make an Objection to the Risky Building Detection?
By the relevant Title Deed Directorate, the indications entered in the land registry, against the risky building determination, can be appealed to the Directorate in the place where the risky building is located within fifteen days from the date of notification, otherwise, the building should be demolished within a period determined by the Administration, not less than sixty days, from the date of notification. shall be notified to the real and personal right holders and this notification shall be notified to the Directorate.
When is the Risky Building Evacuated?
The technical committee, which will examine the objections, is constituted of seven members with the participation of four members notified from universities and three members working in the Ministry organization, two of which are civil engineers and one is a geology or geophysics engineer. The owners of the immovables registered in the land registry as risky structures are requested to demolish the risky structures by giving not less than sixty days.
Whether the risky buildings are demolished by their owners within sixty days is checked on site by the Administration, and if the building is not demolished, a notification is made stating that the building will be demolished by the administrative authorities and giving an additional period of fewer than thirty days. At the end of this period, if the risky buildings are not demolished by their owners, the relevant institutions and organizations are requested not to provide electricity, water, and natural gas to the risky buildings and to stop the services provided.
Who Washes the Risky Building?
The Administration notifies the Directorate in bimonthly periods of information and documents related to risky structures that cannot be evacuated and demolished. Structures that cannot be demolished are demolished or demolished by the Ministry or the Directorate. The owners are responsible for the costs of the evacuation and demolition made or made by the Ministry or the Administration, in proportion to their shares, since they were not demolished by the owners.
How is a Building Renovation Decision Taken?
It is decided by at least two-thirds majority of the stakeholders in proportion to the shares they own, to unify or allocate the parcels, to register them in the land registry, and to reconstruct the buildings, without requiring the buildings to be demolished in the risky areas. In this communiqué, it is stated that if the decision is not accepted within fifteen days, the land shares will be sold by auction method to the other stakeholders who have reached an agreement, not less than the current value to be determined or maintained by the Ministry. is registered ex officio.
How to Make an Urban Transformation Decision in an Apartment?
For the sale of the land shares of the owners; Documents such as the minutes of decision signed by the owners who have agreed that the owners have agreed with at least a two-thirds majority; Documents stating that the owner who does not agree with the decision is notified and given fifteen days for its acceptance; In case of transfer of authority by the Directorate or the Ministry in writing, an application is made to the Administration, together with the documents regarding the value of the immovables belonging to the owners who do not agree with the decision taken by a two-thirds majority, to the licensed valuation institutions operating as registered with the Capital Markets Board and the address information of the owners of the land shares to be sold.
The sale of the land shares of the owners who do not agree with the decision taken with at least two-thirds of the shareholders in proportion to their shares is carried out by the Directorate or the Administration, by the 15/A of the Implementing Regulation of Law No. 6306. carried out by the procedure laid down in the article. It is implemented when the sales transactions are completed.
