Who Can Request a Risky Building Assessment in Turkey? (2026 Updated Guide)

Who can request a risky building assessment in Turkey? Learn whether one apartment owner, a foreign property owner, legal representative, tenant, co-owner or public authority can initiate the procedure under Law No. 6306.

Who Can Request a Risky Building Assessment in Turkey?

One of the most important questions at the beginning of an urban transformation process is who actually has the legal authority to request the official risky building assessment.

For apartment buildings with many owners, a common misunderstanding is that every owner must first agree before the building can be tested. Another common assumption is that the building management must obtain a unanimous resolution before any official assessment can begin.

Under the ordinary risky building procedure governed by Law No. 6306, this is generally not the case.

A risky building assessment can be initiated upon the application of one of the building owners or that owner’s legal representative. The assessment is carried out at the owners’ expense through an institution or organization licensed by the competent urban transformation authority.

This rule is especially important for foreign property owners. A foreign homeowner does not necessarily have to obtain signatures from every neighbor before seeking an assessment. Conversely, a foreign owner should understand that another owner may be able to initiate the process even without the foreign owner’s consent.

For Lawyer Fırat Fesih Kaya, this distinction is crucial because requesting the assessment is only the beginning of the statutory process. It should not be confused with later decisions concerning redevelopment, contractor selection or allocation of replacement apartments.

Can One Apartment Owner Request the Assessment?

Yes.

Current official guidance expressly states that the risky building assessment can be requested upon the application of one owner or the owner’s legal representative.

Therefore, if a condominium building contains twenty apartments, the owners of all twenty apartments do not generally have to sign the initial risky building assessment request.

One qualifying owner can initiate the process.

This is one of the most important rules for owners who believe that another apartment owner cannot begin urban transformation-related procedures without their approval.

Is Unanimous Consent Required?

No, not for the initial risky building assessment under the ordinary procedure.

The assessment stage determines whether the structure satisfies the technical criteria for classification as a risky building.

It does not itself determine every aspect of the future redevelopment project.

For this reason, the legal requirements governing initiation of the technical assessment should be distinguished from the rules governing later redevelopment decisions.

An owner may therefore be able to initiate the assessment without unanimous consent while still lacking unilateral authority to decide every aspect of reconstruction.

Does the Building Manager Have to Approve the Application?

The critical issue is whether the applicant has the legally required ownership or representative status.

The statutory procedure is not based simply on whether the building manager supports the application.

A person should not assume that becoming the manager of a condominium building automatically creates an independent right to request the assessment in every situation.

If the manager is also a qualifying owner, the application can be considered on that ownership basis. If the person is acting as a legal representative, the representative authority must be established.

Can a Foreign Property Owner Request a Risky Building Assessment?

Yes, provided the foreign person holds the relevant ownership position required for the application.

Foreign nationality does not, by itself, prevent an owner from initiating the risky building assessment.

The statutory framework focuses on ownership and representation rather than creating a separate assessment procedure for foreign citizens.

Accordingly, a foreign owner of an apartment should not assume that only another local owner can initiate the procedure.

Foreign owners can protect their property interests by actively participating from the beginning.

Does a Foreign Owner Need the Consent of the Other Owners?

Not merely to initiate the ordinary risky building assessment.

If the foreign person is a qualifying owner, the application can be made without first obtaining unanimous consent from the remaining owners.

This can be particularly useful where one owner has serious structural concerns but other owners refuse to investigate the building.

However, requesting the assessment can trigger a process with significant consequences if the building is officially found risky.

The decision should therefore be made with an understanding of what may happen after the assessment.

Can a Foreign Owner Apply While Living Abroad?

Potentially, yes, through appropriate representation where the applicable requirements are satisfied.

A foreign owner who cannot personally manage the process may use a properly authorized legal representative.

However, the power of attorney should be drafted carefully.

Authority to request a risky building assessment does not necessarily require authority to sell the property, transfer title rights, mortgage the property or sign a redevelopment agreement.

Foreign owners should avoid granting unnecessarily broad authority merely because they live outside the country.

Can a Legal Representative Request the Assessment?

Yes.

Law No. 6306 and current official guidance expressly recognize applications by owners or their legal representatives.

The representative should be able to establish the authority necessary for the relevant procedure.

For foreign owners, the exact wording and scope of the representation document can therefore be important.

A narrowly drafted authorization for the assessment stage may be preferable where the owner does not intend to grant broader powers relating to future redevelopment transactions.

Can a Tenant Request the Official Risky Building Assessment?

A tenant should not be treated as equivalent to the building owner merely because the tenant occupies the property.

The ordinary application procedure described by the competent authority identifies the building owner or legal representative as the person who requests the assessment.

Therefore, a tenant’s concern about structural safety should be distinguished from the statutory ownership-based application procedure.

A tenant who believes a building presents a serious safety risk may have other ways to raise the issue with the owner or competent authorities, but occupation of an apartment does not by itself make the tenant the property owner for purposes of the ordinary owner-initiated assessment.

Can a Family Member Request the Assessment?

Being related to the owner does not automatically create authority to act on behalf of the owner.

For example, the owner’s spouse, adult child, sibling or parent should not assume that the family relationship alone is sufficient.

The relevant person must have the necessary legal representative status if the application is not being made directly by the owner.

This issue can become particularly important when the registered owner lives abroad and a relative manages the apartment locally.

Can a Real Estate Agent Request the Assessment?

A real estate agent does not acquire the status of property owner merely because the agent manages, markets or rents the apartment.

If an agent claims to be acting for the owner, the legal authority for that representation should be examined.

Foreign owners should be cautious about giving broad property-related powers to an agent simply for administrative convenience.

Risky building assessment, redevelopment negotiations and title transfers are legally distinct matters and should not automatically be combined within a single unrestricted authorization.

Can the Contractor Request the Assessment?

A contractor does not obtain an independent owner-based application right simply because the contractor wants to redevelop the building.

The ordinary owner-initiated procedure is based on an application by an owner or legal representative.

A contractor may become involved through a properly authorized relationship or other legally relevant capacity, but foreign owners should not confuse a contractor’s commercial interest in redevelopment with ownership of the property.

A contractor’s statement that “we have started the risky building process” should therefore be verified through official documentation.

What If the Building Has Condominium Ownership?

Where condominium ownership or condominium easement has been established under the applicable condominium legislation, the risky building assessment is requested by the building owner through the electronic system.

Official guidance specifically addresses this ownership structure when explaining who can request the assessment.

In a conventional apartment building, this means an individual apartment owner can be sufficient to initiate the assessment.

The owner does not have to own the entire building.

What If There Is Only a Land-Share Title?

The situation requires greater attention where condominium ownership or condominium easement has not been established and the title consists of land shares.

Current official guidance states that in a land-share title structure, the risky building assessment is to be requested by the land-share owner who owns the structure physically located on the land.

This means not every person appearing as a land-share owner should automatically be assumed to have the right to request the assessment of a particular structure.

The actual ownership of the building on the land must be identified.

Why Is the Land-Share Situation Important?

Properties with land-share titles can produce significant confusion.

Several people may appear in the title record as owners of different shares, while particular buildings or structures are physically associated with specific owners.

Official training materials identify applications made by the wrong land-share owner as one of the recurring errors in risky building procedures.

Therefore, where condominium ownership has not been established, the title structure should be reviewed before submitting the application.

What If the Building Belongs to Someone Other Than the Landowner?

The current official procedure also addresses this situation.

If the structure located on the land belongs to another person and that ownership is indicated in the title register, the risky building assessment may be requested by the party in whose favor the relevant notation concerning the structure exists.

This is another example of why the title register should be examined rather than assuming that every landowner automatically has the same authority concerning every structure.

Can a Co-Owner Request the Assessment?

Where the ownership structure falls within the ordinary rules allowing one owner to initiate the process, the existence of other owners does not automatically prevent the application.

However, the exact title structure matters.

For an apartment subject to condominium ownership, one apartment owner may initiate the assessment.

For land-share ownership without condominium status, the rules concerning ownership of the actual structure should be examined more carefully.

Therefore, “I own a share in the land” is not always enough information to answer the question.

Can an Owner With a Small Share Start the Process?

The ordinary risky building assessment procedure does not require the applicant to control a majority of the building merely to request the assessment.

The current official explanation refers to an application by one owner or legal representative.

Therefore, the initial assessment should not be confused with later share-based voting rules governing the new redevelopment project.

An owner may have enough legal standing to initiate the assessment without having enough ownership share to control later redevelopment decisions.

Can the Majority Stop One Owner From Requesting the Assessment?

The fact that most owners oppose an assessment does not, by itself, eliminate the right of a qualifying owner to initiate the statutory assessment.

This is a significant protection where one owner has concerns about structural safety but the remaining owners prefer not to investigate the building.

However, the resulting report is not automatically accepted simply because one owner requested it.

The assessment must still comply with the applicable technical requirements and undergo the prescribed administrative review.

Who Pays for the Risky Building Assessment?

Under the ordinary owner-initiated procedure, the assessment is carried out at the owners’ expense.

Law No. 6306 states that risky building assessments are, in the first instance, to be carried out by owners or their legal representatives at their own expense through licensed institutions and organizations.

Accordingly, the owner initiating the process should investigate the assessment cost and payment arrangements with the licensed institution.

The cost issue should not be confused with the question of whether unanimous owner consent is required.

Must the Assessment Be Conducted by an Authorized Institution?

Yes.

An owner cannot create official risky building status merely by personally declaring that the building is unsafe.

The assessment must be conducted within the statutory system through the competent authority or institutions and organizations licensed for risky building assessments.

Official guidance states that owner-initiated assessments are made through licensed institutions and organizations and that the request is processed through the electronic software system.

Foreign owners should therefore verify that the organization conducting the assessment is properly authorized.

Can the Public Authority Require Owners to Obtain an Assessment?

Yes.

Law No. 6306 provides that the competent authority or administration can give owners or their legal representatives a period within which to have the risky building assessment completed.

If the owners do not obtain the assessment within the period given, the competent authority or administration can carry out or arrange the assessment itself.

Therefore, the risky building process is not exclusively dependent on an owner voluntarily making the first application.

Can the Authority Conduct the Assessment on Its Own Initiative?

Yes.

The current statutory framework allows the competent authority or administration to carry out or arrange risky building assessments on its own initiative in the circumstances provided by law.

This is particularly important for owners who believe that refusing to apply will necessarily prevent the building from ever entering the risky building process.

It may not.

What Happens If Owners Refuse to Cooperate?

Obstruction does not necessarily terminate the process.

Law No. 6306 provides a mechanism for an official assessment to proceed where the risky building assessment is prevented. Upon the request of the competent authority or administration, the required written authorization can be obtained from the relevant administrative authority and the assessment can be conducted with law-enforcement assistance, including opening closed doors or areas where necessary.

Therefore, physically preventing access should not be treated as a substitute for using the available legal procedures.

Can an Owner Request More Than One Risky Building Report?

The statutory system is designed to prevent repeated competing assessments of the same building merely because different owners want different results.

The applicable framework contains limitations concerning multiple risky building reports for the same structure, subject to specific exceptions such as circumstances requiring a new report after an objection or where a report has been found to be improperly prepared.

Foreign owners should therefore check whether an official report already exists before attempting to commission another statutory assessment.

What Happens After One Owner Requests the Assessment?

The application itself does not automatically mean the building is risky.

The licensed institution must conduct the technical assessment according to the applicable criteria.

The resulting report is then submitted to the competent Urban Transformation Directorate or, where authority has been delegated, the relevant administration.

The authority reviews the report. If deficiencies or errors exist, it can return the report for correction. If the report is found appropriate and the building is determined to be risky, the title deed authority is notified for the relevant risky building notation.

Therefore:

Requesting an assessment and officially declaring a building risky are not the same thing.

Do Other Owners Have the Right to Know About the Result?

Yes. Once the building is officially determined to be risky and the report passes the applicable review, the statutory notification procedure begins.

Current official guidance states that the prescribed notice is posted on the building, owners are informed through the e-Government system and the matter is announced at the relevant local administrative office for fifteen days.

The risky building assessment is deemed notified on the final day of that local announcement.

Therefore, the owner who initiated the assessment does not privately control the result.

Can Other Owners Object Even Though They Did Not Request the Assessment?

Yes.

The fact that one owner initiated the assessment does not deprive the other building owners of the statutory objection mechanism.

Current official guidance provides that building owners or their legal representatives may object within 15 days from the final day of the relevant local announcement.

This is particularly important where one owner initiated the process but other owners believe that the resulting technical report is incorrect.

Can a Foreign Owner Object to an Assessment Requested by Another Owner?

Yes.

A foreign owner does not lose the objection right merely because another owner initiated the assessment.

The key issue is to identify the official notification date and act within the applicable period.

Foreign owners living abroad should therefore monitor official developments carefully.

Waiting for the owner who requested the assessment to personally inform everyone can result in missed deadlines.

Does the Owner Who Requested the Assessment Control the Redevelopment?

No.

This is one of the most important distinctions in urban transformation law.

The ability to initiate a risky building assessment does not mean that the applicant automatically gains authority to select the contractor, determine the architectural project, allocate the new apartments or transfer other owners’ property rights.

After risky building status becomes final, later redevelopment decisions are governed by separate rules.

The current official framework provides a share-based decision-making mechanism for new implementation where unanimous agreement cannot be achieved.

Therefore, foreign owners should not accept the argument:

“I requested the risky building assessment, so I decide what happens to the entire property.”

Can One Owner Choose the Contractor?

Initiating the assessment does not automatically create unilateral authority to choose the contractor for the entire building.

Contractor selection is part of the later redevelopment process.

Owners should examine the applicable meeting, voting and contractual requirements separately.

This distinction can prevent the assessment stage from being improperly used as leverage during contractor negotiations.

Can One Owner Decide Which New Apartment Everyone Receives?

No automatic authority of this kind arises simply from initiating the risky building assessment.

The technical assessment determines whether the existing structure qualifies as risky.

Allocation of replacement units belongs to the redevelopment stage and should be addressed through the relevant owner decisions, project documentation and redevelopment agreements.

A foreign owner should therefore treat the assessment file and the redevelopment contract as separate legal files.

What If the Applicant Later Changes Their Mind?

Once the official statutory process has progressed, the building’s legal status does not necessarily depend solely on the continuing wishes of the owner who originally requested the assessment.

If the technical report has been prepared, administratively processed and the building has officially been determined to be risky, the procedure has consequences beyond the private preference of the original applicant.

Owners should therefore understand the potential consequences before initiating the assessment.

It should not be treated as a risk-free preliminary inquiry that can always be withdrawn without consequence.

What Should Foreign Owners Check Before Requesting an Assessment?

Before initiating the process, a foreign owner should first verify the title structure and confirm that the applicant has the correct ownership status.

The owner should then identify a properly licensed assessment institution and understand the expected cost.

It is also sensible to consider what will happen if the building is found risky.

That includes possible evacuation, demolition, strengthening, redevelopment negotiations, temporary accommodation and contractor selection.

The assessment should therefore be approached as the potential beginning of a substantial property process.

What Should a Foreign Owner Do If Another Owner Has Already Applied?

First, verify whether an official application has actually been made.

Second, determine whether the assessment has been completed.

Third, obtain the report if available.

Fourth, identify whether the competent authority has approved the report.

Fifth, establish the official notification dates.

If the building has been officially determined to be risky, immediately check whether the 15-day objection period remains available.

The owner’s priority should be official verification rather than arguments with the neighbor who initiated the process.

2026 Practical Legal Strategy

For a foreign property owner, the first issue is standing: determine who actually owns the apartment, structure or relevant land share and whether that person can request the assessment under the applicable ownership structure.

The second issue is representation. If the owner lives abroad, the representative’s authority should be sufficient for the risky building procedure without unnecessarily granting powers to sell, mortgage or transfer the property.

The third issue is authorization of the assessment institution. Current official guidance requires owner-initiated risky building assessments to be carried out through licensed institutions or organizations and processed through the official electronic system.

The fourth issue is monitoring what happens after the application. A request does not itself declare the building risky. The technical report must be prepared and reviewed through the official process.

The fifth issue is protecting the objection deadline. Once the assessment is officially accepted and notified, owners or their legal representatives have 15 days from the final day of the relevant local announcement to use the ordinary objection mechanism.

The central rule for property owners is straightforward:

One qualifying owner can generally initiate the ordinary risky building assessment, but initiating the assessment does not give that owner unilateral control over the later redevelopment of the entire building.

Frequently Asked Questions

1. Do all apartment owners have to agree before a risky building assessment can be requested?

No. Under the ordinary procedure, the application of one qualifying owner or legal representative is sufficient to initiate the assessment.

2. Can a foreign apartment owner request the assessment?

Yes, provided the foreign person has the relevant ownership status. Foreign nationality does not itself prevent an owner from requesting the assessment.

3. Can one owner request the assessment even if all other owners oppose it?

Yes. The initial owner-initiated assessment does not generally require unanimous approval of the other apartment owners.

4. Can a tenant request the assessment as if they were the owner?

The ordinary owner-initiated procedure identifies the property owner or legal representative as the applicant. A tenant’s occupation alone does not create owner status.

5. Can an owner’s representative apply?

Yes. The statutory framework expressly recognizes the owner’s legal representative.

6. What happens if the property only has a land-share title?

The title structure must be examined carefully. Current official guidance states that where condominium ownership or condominium easement has not been established, the assessment is requested by the land-share owner who owns the structure physically located on the land.

7. Can the public authority order a risky building assessment?

Yes. The competent authority or administration can require owners to obtain an assessment within a specified period and can conduct or arrange the assessment if they fail to do so.

8. Can owners prevent an official assessment by refusing access?

Not necessarily. The statutory framework provides mechanisms allowing an official assessment to proceed with the required authorization and law-enforcement assistance where access is unlawfully obstructed.

9. If one owner requests the assessment, can that owner automatically choose the contractor?

No. Requesting the technical assessment and deciding the later redevelopment project are separate matters.

10. Can other owners challenge the result?

Yes. Building owners or their legal representatives can use the statutory objection mechanism within 15 days from the final day of the relevant local announcement.

Legal Assistance for Foreign Property Owners

A risky building assessment can be initiated by a single qualifying owner, but the consequences may eventually affect every apartment and property owner in the building. Foreign owners should therefore understand both sides of the process: how to request an assessment when structural safety is a concern and how to protect their rights when another owner initiates the procedure.

Particular attention should be given to ownership status, land-share titles, representation from abroad, the authority of the assessment institution, official notification and the 15-day objection period.

Fırat Fesih Kaya Law Office provides legal assistance to foreign homeowners and real estate investors dealing with risky building and urban transformation procedures.

Lawyer Fırat Fesih Kaya assists foreign clients with reviewing ownership status, risky building assessment procedures, powers of attorney, official notifications, objection rights, title deed issues and the subsequent urban transformation process.

Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr