| ONLINE CONSULTATION | İstanbul Lawyer Office

Objection to Risky Building Determination, Notification of the Risky Building Report, and Other Related Procedures

Objection to Risky Building Determination, Notification of the Risky Building Report, and Other Related Procedures

Under the risky building assessment process carried out pursuant to Law No. 6306, a majority vote of the condominium owners is not required in order to initiate a building risk assessment. The application of a single property owner to a licensed institution, together with the title deed and identification documents, is sufficient. The costs of the assessment are generally borne by the owner who requests it; however, if the assessment is conducted ex officio by the administration, the costs are apportioned among all owners in proportion to their land shares. With respect to the reporting and objection procedures, as a general rule, only one risky building assessment report may be issued for each building. After the report is submitted to the Land Registry, notification is made by posting the notice on the building, publishing it through the e-Government system (e-Devlet), and announcing it at the local headman's office (Muhtarlık). Property owners may file an objection with the Urban Transformation Presidency within fifteen days from the date of notification or bring an annulment action before the administrative court within thirty days. Buildings for which no objection is filed, or..

Administrative Termination of a Construction Contract in Urban Transformation Projects

Administrative Termination of a Construction Contract in Urban Transformation Projects

As Uzunpınar & Tüfek International Law Firm, we provide comprehensive and professional legal services to our clients in matters concerning the administrative termination of construction agreements, which frequently arise in practice within the scope of urban transformation law, construction law, and real estate law disputes. Particularly in urban transformation projects carried out under Law No. 6306 on the Transformation of Areas Under Disaster Risk, the termination of construction agreements due to a contractor’s failure to fulfill its contractual obligations may lead to significant legal consequences for property owners, contractors, and public authorities alike. Accordingly, it is of utmost importance that the legal conditions for termination are properly assessed, that the application process is conducted in compliance with the relevant legal requirements, and that any resulting disputes are managed effectively. In this article, we will examine in detail the conditions under which a construction agreement may be terminated by the administration pursuant to Law No. 6306, the applicable application procedure, the calculation of the relevant statutory periods, and the legal i..

Action for the Annulment of a Risky Building Determination

Action for the Annulment of a Risky Building Determination

Actions for the annulment of a risky building determination concern the submission of the legality of technical determination procedures—one of the most critical stages of the urban transformation process—to judicial review. Reports regarding whether a structure is genuinely risky must be meticulously evaluated in terms of both technical data and procedural criteria. For this reason, actions for the annulment of a risky building determination are among the legal processes that require particular care and expertise, as they produce results that directly affect the right to property...