Risky building assessment leads to serious legal consequences for building owners. An objection to a demolition order received after a building is assessed as risky contains many critical details.
In our article, we will provide information on how the risky structure is determined, which experts or institutions make this evaluation, the possible results of the evaluation and how to object to these detection reports. Please review our article carefully.
Even small mistakes that can be made during the evaluation of a risky building and objections to the report can have permanent consequences, up to the demolition of the building. Therefore, it is essential to manage this objection process with the help of an expert lawyer.
How to Define a Risky Structure?
According to Article 2 of the Law on the Transformation of Areas Under Disaster Risk, buildings that have reached the end of their economic life cycle or whose risk of serious damage or collapse has been detected as a result of technical examinations are called risky buildings.
In determining a risky building, the building is taken as the basis, not the area where the building is located. However, in some cases, the fact that the land is at risk may cause the building to be considered risky.
It can be misleading to think that a newly constructed building is risk-free. Some new buildings can pose major hazards. On the other hand, older buildings are not automatically considered risky simply because of their age. In determining risky buildings, many factors are brought together and evaluated.
Whether the building has a license or not is not a determining factor in risk assessment. However, buildings that are not occupied and are seen as land in the title deed are considered risky.
Some important criteria to be considered in risky building assessment: These include the construction dates of the buildings, damages occurring in the structure, water leakage rates and the quality of materials used during construction.
Buildings or vacant lands with incomplete structural integrity or under construction are not considered as risky buildings.
What Does Determining a Risky Structure Mean?
As a result of examinations carried out on a building by appropriate institutions, determining that the building is at risk is called risky building determination. After determining such buildings, authorized administrative units take various steps.
Regarding the determination of the risky structure, there are provisions in the Law No. 6306 on the Transformation of Areas Under Disaster Risk. Determination of risky structure and other items on this subject are handled within the scope of this law.
Risky Building Identification Process
Risky buildings are determined according to the rules in the Law on the Transformation of Areas at Disaster Risk. Who can apply in the process of determining the risky structure, how the application process works and who will make the determination are detailed in the relevant law and regulation.
Individuals Who Can Apply for Risky Building Designation
According to Article 3 of the Law on the Transformation of Areas at Disaster Risk, building owners may request to examine whether the building is at risk. For example, in order to determine whether the flats in an apartment building pose a risk, it may be sufficient for only one flat owner to make a request.
Apart from the building owners, the Ministry may also apply to the relevant building owners or municipalities to examine whether a particular building poses a risk. The Ministry determines a period for the examination to be carried out. If no inspection is carried out within this period, risky building determination is carried out by the Ministry.
Documents Required to Determine Risky Building
As we mentioned before, building owners can request a risky building determination and ask for an examination of whether the building poses a risk. In order to apply, a petition indicating that there is a request for a risky building determination is required. In addition to the petition, a personal identification document and the title deed of the building must be attached.
It is especially important to emphasize that; In order to make this application, all owners of the building do not need to apply jointly. In fact, majority acceptance is not necessary. Even a single request from the building owner is sufficient.
The application can also be made through the legal representatives of the building owners. If the application will be made through a legal representative, a power of attorney must also be attached.
What are the authorities that will determine the risky structure?
In the Law on the Transformation of Areas Under Disaster Risk, competent authorities are mentioned for determining risky structures. These are the Ministry, the Administration and the institutions and organizations authorized by the Ministry.
Some universities, private organizations subject to certain criteria and some non-governmental organizations can be given as examples of institutions and organizations authorized by the Ministry.
In fact, there is a reference list prepared by the Ministry on this subject. You can use the specified link to access the relevant list. However, these authorities are authorized only for the identification of risky structures. Correct application, legal steps to be taken against the report, etc. It is entirely the responsibility of the building owner. It is always better to seek legal guidance in such processes.
Right to Apply Against Risky Building Assessment
When a request is made by the owner of a building or the Ministry, authorized assessment authorities evaluate the risk status of the building according to various criteria.
Following this review, the relevant competent authority creates the Risky Building Assessment Report. If the building is considered risky, this information is communicated to all owners of the property.
When the risk situation is communicated to the owners, additional information is shared that the building will be demolished 60 days after this announcement and that an application can be made against the assessment made within 15 days. Owners can apply for the Risky Building Assessment Report within 15 days from the notification. This application is made through the Provincial Directorate of Environment and Urbanization.
These applications are evaluated by a technical committee formed by experts determined by the Ministry. The technical committee may observe the building on site while evaluating the application. If the application is accepted, the risky status for the building is removed. However, if the application is rejected, building owners can take legal action to have the Risky Building Assessment Report removed within 30 days from the date of receipt of this decision.
How to Object to Risky Building Assessment?
As a result of the official assessment that a building is risky, the right of objection arises with the report received by the owners. In the petition prepared to raise an objection, specific details about the structure and the reasons why it is not risky should be stated in detail. It is difficult for objections made in general and abstract terms to be accepted. Therefore, this petition must be prepared based on as detailed and objective data as possible. Getting legal advice during this process can be beneficial for a successful appeal process.
Legal Process Against Risky Building Report
Risky building assessments are considered an administrative process. Therefore, a lawsuit can be filed against these reports through administrative proceedings. Owners can both object to the risky building decision and file a lawsuit within 30 days to annul this decision. Even if the objection remains inconclusive, there is the same right to file a lawsuit.
Administrative Courts have jurisdiction in such cases. If the court detects any illegality in the report, it cancels the report. However, if the report is found to be lawful, the case is rejected. "There is the right to object to these decisions of the court through appeal.
Cancellation of Administrative Decisions: Risky Building Cases
When a 'risky' decision is made about a building, you can object to this decision or file a lawsuit for annulment. However, this is a process that includes technical and legal details. For this reason, it is recommended that you take this route with the help of a lawyer. For more detailed information, you can refer to our article titled 'Cancellation of Administrative Procedure'.
Demolition Decision and Cancellation Case:
Filing an annulment case for a building that is considered a risky building does not automatically stop the demolition decision. If you want the demolition to be stopped, you must request a "stay of execution" in your petition.
If the court accepts this request, the demolition process will stop until the outcome of the annulment case is known. However, this is a temporary situation. If the court annuls the risky building report, the demolition order will also be lifted. However, if the case is dismissed, the demolition process continues.
When requesting a stay of execution, you must explain in detail the reason for this request. If you do not provide sufficient justification for the request, your request is likely to be rejected.
Demolition of Risky Building and Costs
Demolition Process:
- After a building is determined to be "at risk", the building's owners are given a period of 60 days to demolish it.
- If a "stay of execution" decision is taken during this period or if the building owners win the objection, demolition will not be carried out.
- If demolition is not carried out within 60 days, an additional period of 30 days is granted. If demolition is not done within this additional period, the municipality will do the demolition. However, the costs of this demolition are requested from the building owners.
Costs:
- Risky building detection fee varies depending on the methods used, number of floors and shape of the building.
- It is difficult to give an exact figure for this fee because the costs may vary from case to case.
- It is recommended that you consult a lawyer to get detailed information about costs.
Risky Building Detection: Frequently Asked Questions
1. What is a Risky Structure?
Buildings that have completed their economic life and are in danger of collapse are considered risky. However, just because a building is old does not automatically mean it is risky.
2. How to Detect a Risky Structure?
Building owners may request this determination from authorized institutions. If the owners do not make the determination within a certain period of time, the Ministry makes this determination and collects the expenses from the building owners.
3. If there is more than one owner, is the application of a single owner sufficient?
Yes, a single application from the building owner is sufficient. If there is an individual with limited capacity in the building, the legal representative can apply for risky building detection.
4. Can the Risky Building Identification be Objected?
Yes, after the building is determined to be risky, the owners are informed that demolition will be carried out within 60 days, but this decision can be objected within 15 days. Objections must be made to the Provincial Directorate of Environment and Urbanization.
5. What Should Be Done If the Objection Against the Risky Building Identification Report is Rejected?
In this case, a lawsuit may be filed in administrative courts for the cancellation of the report. Additionally, it is possible to file a lawsuit without directly objecting.
This text provides information about the litigation process, demolition process and the saleability of a risky building. Here is a simple summary of this information:
Risky Building Detection: Basic Information
1. Will Demolition Stop When a Lawsuit Is Filed Against Risky Building Identification?
Filing a lawsuit alone will not stop the destruction. Building owners who want the demolition to be stopped must add the "stay of execution" request to their petitions and justify this request when filing the lawsuit.
2. What is the Demolition Process of a Risky Building?
Owners of a building identified as a risky building are given a total of 90 days for demolition. First, a period of 60 days is given. If demolition is not carried out within this period, an additional period of 30 days is given. If the owners do not carry out the demolition within this period, the municipality can carry out the demolition with its own means.
3. Can a Risky Building Be Sold?
Yes, the fact that a building is determined to be "risky" does not prevent the sale of this building. The owner can sell this structure or establish limited real rights on it.
In summary;
The risky building detection process is of critical importance to determine the safety of structures. Buildings identified as risky structures are considered to be in danger of collapse. Issues such as how the determination is made, what criteria it is determined according to, how to object to the report and how this objection process works may be of vital importance for building owners.
If it is determined that the structure is risky, the objection process is very important. If a wrong step is taken in this process, building owners may not be able to prevent the collapse of the building. Therefore, the support of an expert real estate lawyer is a great benefit when faced with such a process. The lawyer's experience and expertise can protect building owners from possible negative consequences.