The identification of risky structures and their demolition process begins with the clarification of administrative procedures. Although there is no clear distinction in the Law and the relevant Regulation as to what characteristics the buildings to be demolished will have, as emphasized by the Ministry of Environment and Urbanization, there is a demolition obligation only for buildings located in risky areas.
According to what is stated on the Ministry's website, structures that are determined to be risky must be demolished if they are located in a risky area determined by the Council of Ministers. In this context, there is no obligation to demolish buildings outside risky areas. Loans can be provided for the reconstruction or strengthening of these structures.
According to the Ministry's approach, the risk situation in newly constructed buildings does not affect this policy. All structures in areas designated as risky areas will be demolished, regardless of their construction date. The Ministry states that solid structures within the risky area may also be demolished for the sake of the integrity of the plan. This situation, especially in buildings built in accordance with the law, may lead to loss of rights of the owners and may undermine the trust in the state. This situation can become even more complicated, especially in cases where the value of the structures on the land is greater than the land itself.
Regarding the structures in the risky area, the Ministry of Environment and Urbanization emphasizes that structures that appear to be solid should be evaluated within the scope of Law No. 6306, taking into account the potential disaster risks in the region. This approach indicates that the definition of risky area should be considered differently from the definition of risky structure made on a building basis.
In the legislation regarding risky buildings, risk-free buildings also have special situations that must be taken into consideration. In particular, paragraph 10 of Article 15 of the Regulation states that if there are risk-free structures in risky areas or parcels where risky structures are located, this structure may be exempt from the application. In this case, the land can be subdivided or it is possible to maintain the current status of the building with the agreement of the owners. Thus, it is understood that it is not necessary to demolish risk-free structures located in risky areas.
When it comes to the demolition process, there are two basic ways:
Demolition Performed by Owners
Demolition of buildings can be carried out by the owners. While owners can decide to demolish unanimously, demolition is also possible with a majority decision. This means that demolition can be carried out even if some of the building owners oppose the demolition. However, when there is a dispute between owners regarding demolition, there is no clear provision in the Law or Regulation on how demolition will be carried out.
Since there is no clear provision in the law for owners who want demolition to carry out the demolition and claim the expenses from other owners, in cases where there are owners who oppose demolition, the only way to carry out the demolition will be to apply to the Ministry of Environment and Urbanization or the relevant administration.
Process of Demolition of Risky Buildings by the State
The second important method in the demolition of risky buildings is the management of the process by the state, especially the Ministry of Environment and Urbanization and the relevant administration. The Ministry and the administration may take action upon the applications or initiate the demolition process on their own initiative.
After this situation is stated in the land registry records of buildings defined as risky buildings, the owners are given at least sixty days to demolish these buildings, in accordance with Article 8 of the Regulation. Although there is no clear statement in the regulation as to who will make this request, it is understood from the general statements that the administrations will make this request.
The Provincial Directorate of Environment and Urbanization inspects on-site whether the risky building has been demolished by the owners within the given period of time. If the building is not demolished by the owner, administrative authorities state that the building will be demolished and are given an additional period of thirty days.
If demolition does not take place within this additional period, the evacuation of people and goods from risky structures and the demolition operations are carried out by local authorities with the contribution of local administrations, with the cost of demolition being covered primarily from the special account of transformation projects.
In accordance with the provision of Article 8, if the demolition cannot be carried out by the local authorities, the situation of the risky structures that were not demolished is notified in writing to the relevant administration by the Ministry of Environment and Urbanization. If the building is not demolished despite this notification, the demolition process is carried out or ordered by the Ministry of Environment and Urbanization. If the situation requires, the Ministry may directly undertake the evacuation and demolition operations.
Suspension of Public Services in Risky Areas and Management of Demolition Expenses
During applications carried out in risky areas, if requested by the Ministry of Environment and Urbanization, TOKİ or the relevant administration and by taking the opinions of the owners, the provision of services such as electricity, water and natural gas for risky buildings and structures in these areas may be stopped. These services may be interrupted by relevant institutions and organizations. However, this practice is only possible with the approval of the owners; Public services cannot be stopped if the owners do not want it.
Evacuation and Demolition Costs
When the demolition is carried out by the building owners, the costs must be covered by the owners. If a special agreement has been made with the contractor for the transformation of the building, this agreement may determine who will bear the demolition costs.
In accordance with Article 8 of the Regulation, if risky structures are demolished by the Ministry of Environment and Urbanization or the administration, the expenses incurred for demolition are notified to the relevant land registry office. In this case, the land registry office, in order to ensure the joint liability of the stakeholders of the demolished building, states a joint mortgage in the amount of the cost on the land shares in the land registry and informs the Ministry or Administration and the real and personal rights owners of the building. In accordance with the Circular dated 08.10.2012 and numbered 1736 (2012/12) of the General Directorate of Land Registry and Cadastre, the land registry directorate, upon the letter of the relevant administration, establishes a joint legal mortgage in favor of the relevant administration in the amount of the cost, in order to ensure the joint liability of the stakeholders of the demolished building and necessary provides information.