As Uzunpınar & Tüfek International Law Office, we provide comprehensive and professional legal consultancy to our clients in processes related to the Action for the Annulment of a Risky Building Determination, within the scope of urban transformation law, the risky building process, applications of Law No. 6306, and administrative judicial proceedings. The determination of a risky building, which constitutes the starting point of the urban transformation process, is an administrative act that directly affects the property rights of building owners and gives rise to serious consequences.

A risky building determination refers to the identification, through technical reports, that a structure poses a danger to life and property safety in the face of earthquakes and other disasters. This determination is carried out within the scope of Law No. 6306 on the Transformation of Areas Under Disaster Risk, and once the determination becomes final, evacuation, demolition, and the urban transformation process become mandatory for the building. However, in practice, it is frequently observed that building owners suffer serious losses of rights due to erroneous, incomplete, or unlawful risky building determinations.

At this point, an action for the annulment of a risky building determination is one of the most important legal remedies aimed at protecting property rights. Property owners may request the annulment of such determination before the administrative judiciary by alleging that the risky building determination was not carried out in accordance with scientific and technical criteria, that the report is erroneous, or that procedural irregularities exist. Since missing statutory time limits or following an incorrect procedure may lead to the complete loss of the right to file a lawsuit, it is of great importance that the process be conducted with the assistance of an expert attorney.

FREQUENTLY ASKED QUESTIONS (FAQ)

1. What is a risky building determination?
A risky building determination is the identification, through technical examinations, that a building poses a risk to life and property safety due to earthquakes, ground conditions, or structural deficiencies. This determination is made based on reports prepared by licensed institutions and approved by the administration.

2. What is an action for the annulment of a risky building determination?
An action for the annulment of a risky building determination is a type of administrative lawsuit filed with the allegation that the risky building decision issued for a building is contrary to law, science, or procedure. With this action, the annulment of the risky building decision and the suspension of the urban transformation process are sought.

3. Who may object to a risky building determination?
Objections to a risky building determination may be filed by:
• Apartment owners,
• Land shareholders,
• Persons holding in rem rights over the building.
Even an objection by a single owner may enable the reassessment of the process.

4. What is the time limit for objecting to a risky building determination?
An objection must be filed within 15 days following the notification of the risky building determination to the owners. Within this period, an application must be submitted to the Provincial Directorate of Environment, Urbanization and Climate Change. If the objection is rejected or the determination becomes final, an annulment action may be filed before the administrative judiciary.

5. Before which court is an action for the annulment of a risky building determination filed?
This action is filed before the Administrative Court. The competent court is the administrative court where the immovable property is located. Actions filed before an incorrect court may be dismissed on procedural grounds.

6. On what grounds may an action for the annulment of a risky building determination be filed?
The action may be filed on grounds such as:
• The technical report not complying with scientific criteria,
• The examination being incomplete or erroneous,
• Irregularities in sampling and testing processes,
• The actual condition of the building not being reflected in the report,
• Violation of the right to defense and objection.

7. Does filing a lawsuit suspend demolition?
No, filing a lawsuit does not automatically suspend demolition. However, if a request for a stay of execution is submitted together with the lawsuit and the court accepts this request, demolition and evacuation procedures are suspended until the conclusion of the case. Therefore, the request for a stay of execution is extremely critical.

8. How long does an action for the annulment of a risky building determination take?
These cases generally conclude within 1 to 2 years, depending on the court’s workload and expert examinations. Expert reports directly affect the course of the case.

9. What happens if the risky building determination is annulled?
If the court annuls the risky building determination, the risky building decision issued for the structure becomes null and void. In this case, the evacuation and demolition process is halted, and the building is removed from the scope of urban transformation.

10. Why is attorney assistance important in actions for the annulment of a risky building determination?
Actions for the annulment of risky building determinations are closely linked to technical expert reports, administrative acts, and strict time limits. Incomplete or incorrect applications may lead to irreparable losses of rights. An experienced urban transformation and administrative law attorney ensures both the review of technical reports and the effective management of the judicial process. As Uzunpınar & Tüfek International Law Office, we effectively protect our clients’ property rights and living spaces.