1) How Is a Risky Building Assessment Conducted?

Risky buildings are identified using the electronic system designated by the Presidency.

A risky building assessment may be carried out for structures that are covered and used for residential, occupational, recreational, resting, or worship purposes, as well as for structures intended for the protection of animals and property. In this respect, the legal regulations appear to define the types of structures subject to risky building assessments in a relatively limited manner.

Property owners or their legal representatives may request a risky building assessment from licensed institutions at their own expense and submit the results to the Ministry or the relevant administration. If the property owners do not initiate the assessment, the administration may also conduct it ex officio.

2) Who Bears the Costs of a Risky Building Assessment?

The costs of a risky building assessment are borne by the property owner who requested the assessment. However, if multiple owners or a contractor apply jointly, the costs may be shared by agreement among them or covered by the contractor.

Where the assessment is conducted by the administration, the costs are allocated among the property owners in proportion to their land shares. If these costs are not paid by the owners within one month, the provisions of Law No. 6183 on the Procedure for the Collection of Public Receivables shall apply.

3) What Happens If Property Owners Object to or Prevent the Risky Building Assessment?

The relevant situation is regulated under Article 3 of Law No. 6306 as follows:

"If the conduct of a risky building assessment is obstructed, and upon the request of the Presidency or the Administration, an assessment shall be carried out ex officio by opening or causing to be opened closed doors or areas through sufficient law enforcement personnel, based on written authorization issued by the local administrative authority."

Accordingly, in cases where access to the building is prevented, the premises are locked, or entry is otherwise obstructed, the necessary measures, including evacuation, may be carried out with the assistance of law enforcement authorities.

4) How Many Risky Building Assessment Reports Can Be Issued for a Building?

Except in exceptional circumstances—such as where the report is found to have been prepared contrary to the facts or where a new assessment report must be issued following an objection or a court decision—only one risky building assessment report may be issued for each building.

5) Is a Simple Majority Required for a Risky Building Assessment?

No simple majority is required for a risky building assessment. Any co-owner, regardless of the size of their ownership share, may apply to the authorized institutions and organizations for a risky building assessment.

6) What Documents Must Be Submitted with a Risky Building Assessment Application?

The application must include: an up-to-date title deed status document; and a copy of the applicant's identification document.

7) How Is the Risky Building Assessment Notified?

The licensed institution that prepares the risky building assessment report must submit the report to the Urban Transformation Presidency within ten business days. The administration reviews the report and, if any deficiencies are identified, returns it to the licensed institution for completion within thirty days.

Following the resubmission of the corrected report, the Presidency or the authorized administration notifies the relevant Land Registry Directorate within ten business days. For notification purposes, a notice is posted on the building, published through the e-Government system (e-Devlet), and announced at the local headman's office (Muhtarlık) for fifteen days.

The notification also states that objections to the risky building determination may be filed within fifteen days and that the building must be demolished within the period specified by the administration, which shall not exceed ninety days.

8) How Can an Objection Be Filed Against a Risky Building Determination?

The objection process begins if the property owners or their representatives submit a petition to the Urban Transformation Presidency within fifteen days from the date of notification.

If the objection is found to be justified, the Presidency notifies the relevant Land Registry Directorate, and the annotation indicating that the building is risky is removed from the land registry records.

9) Can a Lawsuit Be Filed Against a Risky Building Assessment Report?

An annulment action may be filed within thirty days from the date of notification against the administrative actions taken following an objection to a risky building assessment report.

Filing an objection is not a prerequisite for bringing an annulment action. Therefore, even individuals who have not pursued the objection procedure may still file a lawsuit seeking the annulment of the relevant administrative actions.