As Uzunpınar & Tüfek International Law Firm, we provide comprehensive and professional legal support to our clients in Actions for the Annulment of a Demolition Decision within the scope of urban transformation law, the implementation of Law No. 6306, risky building and demolition processes, and administrative litigation. A demolition decision is one of the most severe administrative acts, as it directly eliminates the physical existence of a property and the property rights of its owners.

A demolition decision is most commonly issued following a risky building determination or due to unlicensed or permit-inconsistent construction. Once such a decision becomes final, the building is evacuated and may be forcibly demolished by the administration. However, in practice, there are numerous cases where demolition decisions are issued unlawfully, based on incomplete examinations, or in violation of procedural rules. In such situations, the most effective remedy available to owners and rights holders is an action for the annulment of the demolition decision.

An action for the annulment of a demolition decision directly affects not only the demolition of the building, but also the urban transformation process, evacuation procedures, and property relations over the land. For this reason, it is of great importance that time limits are not missed, that a request for stay of execution is duly submitted, and that technical reports are evaluated with expertise during the litigation process.

FREQUENTLY ASKED QUESTIONS (FAQ)

1. What is a demolition decision?

A demolition decision is an administrative act issued by the administration ordering the removal of a structure due to it posing a risk to life and property, being determined as a risky building, or being constructed in violation of permits. This decision leads to serious and irreversible consequences.

2. What is an action for the annulment of a demolition decision?

An action for the annulment of a demolition decision is a type of administrative lawsuit filed on the grounds that the demolition decision issued by the administration is unlawful. The aim of this action is to suspend the demolition and to completely eliminate the decision.

3. Who may file a lawsuit against a demolition decision?

An annulment action against a demolition decision may be filed by;

Property owners,
Condominium owners,
Land co-owners,
Persons holding in rem or personal rights over the structure.

Even a lawsuit filed by a single owner may affect the demolition process.

4. Before which court is an action for the annulment of a demolition decision filed?

This action is filed before the Administrative Court. The competent court is either the administrative court where the authority issuing the demolition decision is located or where the property is located. Correct determination of jurisdiction is of great importance.

5. What is the time limit for filing an action for the annulment of a demolition decision?

An annulment action must be filed within 60 days from the notification of the demolition decision to the concerned parties. This period is of a forfeiture nature. If the deadline is missed, the demolition decision becomes final and the right to file a lawsuit is lost.

6. On what grounds may an action for the annulment of a demolition decision be filed?

The action may be filed on grounds such as;

The risky building determination forming the basis of the demolition decision being erroneous,
Technical reports being prepared contrary to scientific criteria,
Failure to grant owners the right of defense and objection,
Irregular notification,
Violation of the principles of proportionality and reasonableness.

7. Does filing a lawsuit automatically stop the demolition?

No. Filing an action for the annulment of a demolition decision does not automatically suspend the demolition. However, if a request for stay of execution is submitted together with the petition and the court accepts this request, the demolition is suspended until the conclusion of the case. This request is of vital importance.

8. Under what circumstances is a stay of execution granted?

The court may grant a stay of execution if the implementation of the demolition would cause irreparable or impossible damage and if the demolition decision is clearly unlawful. These two conditions are assessed together.

9. How long does an action for the annulment of a demolition decision take?

These actions generally conclude within 1 to 2 years, depending on the court’s workload and expert examinations. Granting a stay of execution ensures the protection of owners during this period.

10. What happens if the demolition decision is annulled?

If the court annuls the demolition decision, the demolition measure imposed on the structure becomes null and void. In this case, the administration cannot issue a new demolition decision based on the same grounds, but may establish a new lawful administrative act.

11. Why is legal representation important in actions for the annulment of a demolition decision?

Actions for the annulment of demolition decisions require the joint assessment of administrative law and technical engineering evaluations. Missing deadlines, failing to request a stay of execution, or presenting insufficient legal grounds may lead to irreversible consequences. An experienced urban transformation and administrative law attorney ensures the effective protection of property rights. As Uzunpınar & Tüfek International Law Firm, we resolutely defend our clients’ rights against demolition decisions.