My Building Was Declared Risky in Turkey: What Are My Legal Rights? (2026 Updated Guide)

Has your building been declared risky in Turkey? Learn your rights to obtain the report, object within 15 days, challenge the process, consider strengthening, protect your land share, participate in redevelopment and safeguard your replacement property.

Learning that your apartment building has officially been declared risky can be alarming, particularly if you are a foreign property owner living outside the country. You may be told that the building will be demolished, that you must sign a contractor agreement immediately, or that other owners have already decided what will happen to your apartment.

A risky building determination is serious, but it does not mean that you immediately lose your ownership rights or that another owner or contractor can automatically decide every aspect of the future redevelopment.

Under the current framework governing risky buildings, the technical report is reviewed by the competent authority. If the report is accepted, the relevant title authority is notified so that risky-building status can be reflected in the title record. Owners are then notified through the statutory procedure and have a limited opportunity to object. If no objection is filed, or if an objection is rejected, the determination becomes final and the process moves toward evacuation and demolition.

For a foreign homeowner, the first priority should therefore be to establish exactly where the building is in this legal process.

Lawyer Fırat Fesih Kaya advises foreign owners to separate the process into three different questions: whether the risky-building determination can still be challenged, what rights must be protected before evacuation and demolition, and what rights the owner has in the subsequent redevelopment.

You Have the Right to Determine Whether the Risky-Building Decision Is Official

Do not rely solely on what a neighbor, building manager, real estate agent or contractor tells you.

There is an important difference between a contractor saying that the building is unsafe and an official risky-building determination under the urban transformation framework.

The risky-building report must be prepared through the prescribed procedure and submitted to the competent authority. The report is reviewed, and deficiencies can be returned for correction. If the report is accepted and the structure is considered risky, the relevant title authority is notified.

Therefore, ask for the actual documentation.

Determine who conducted the assessment, when the report was submitted, whether it was accepted, when the risky-building notation was processed and when the statutory notification procedure began.

You Have the Right to Know About the Risky-Building Determination

The current notification system does not depend exclusively on personal delivery of a paper notice.

When a building is determined to be risky, the prescribed notice containing information about the assessment is posted on the building, owners are informed through the electronic government system, and the matter is announced at the relevant local administrative office for fifteen days. Risky buildings are also published through the competent authority’s official announcement mechanism for fifteen days.

This rule is particularly important for foreign property owners.

Living abroad does not necessarily prevent the notification process from progressing.

You Have the Right to Object to the Risky-Building Assessment

One of your most important rights is the right to challenge the risky-building determination through the statutory objection procedure.

Under the current regulation, building owners or their legal representatives may object within 15 days from the final day of the relevant local announcement. The objection is submitted to the competent Urban Transformation Directorate or, where authority has been delegated, the relevant administration.

This is a short period.

If you have recently learned that your building has been declared risky, determining whether the 15-day period remains open should be one of your first actions.

The 15-Day Period May Be Running Even If You Are Abroad

Foreign owners should be especially careful about this point.

You should not assume:

“I have not personally received a letter, so my objection period has not started.”

Under the current system, the risky-building assessment is deemed notified on the final day of the fifteen-day announcement at the relevant local administrative office.

Therefore, the date on which you personally heard about the risky-building determination may not be the legally decisive date.

Obtain the official announcement information immediately.

You Have the Right to Challenge the Technical Assessment

An objection should focus on whether the risky-building determination is technically and procedurally sustainable.

Simply saying that you do not want the building demolished is generally different from challenging the technical basis of the assessment.

The technical committee reviewing an objection examines the risky-building report from a technical perspective and is not limited only to the specific argument written in the objection petition. Official guidance states that the report is examined as a whole for compliance with the applicable technical principles, after which a final technical determination is made as to whether the structure is risky.

Where appropriate, an owner considering an objection should therefore obtain the actual report and consider independent technical review alongside legal analysis.

What If the 15-Day Objection Period Has Already Expired?

Do not automatically conclude that nothing can be done.

The ordinary statutory objection mechanism may no longer be available once its deadline has expired, but the broader legal position should still be reviewed according to the circumstances.

There may be questions concerning notification, administrative procedure, technical legality or subsequent administrative actions.

Judicial remedies may also need to be considered depending on the particular dispute.

However, timing is extremely important. A legal challenge should not be delayed merely because the owner hopes the redevelopment discussions will solve the problem.

Does Filing a Lawsuit Automatically Stop Demolition?

Do not assume that it does.

The existence of litigation and the suspension of an administrative process are separate questions. If urgent judicial protection is required, the applicable conditions for interim relief need to be evaluated.

This becomes particularly important where evacuation or demolition is approaching.

Once the physical building has been demolished, some consequences cannot practically be reversed merely by obtaining a later favorable decision.

Early legal review is therefore considerably safer than waiting until demolition is imminent.

When Does the Risky-Building Determination Become Final?

If no objection is filed within the applicable period, the risky-building determination becomes final.

It also becomes final when a timely objection has been considered and rejected.

Finalization is a major turning point.

Before that stage, the owner’s primary concern may be whether the technical determination can be challenged.

After finalization, the owner’s priorities expand to evacuation, demolition, strengthening, title protection, redevelopment decisions and the replacement property.

You Have the Right to Be Notified About Evacuation and Demolition

Final risky-building status does not mean that the building is simply demolished without a further statutory process.

Once the determination becomes final, the competent authority initiates the evacuation and demolition procedure.

Under the current rules, the relevant notice is posted on the building, communicated to owners electronically and announced at the relevant local administrative office for fifteen days. The evacuation and demolition action is deemed notified on the final day of that announcement.

Foreign owners should continue monitoring the procedure even after the original risky-building objection period has ended.

How Much Time Do You Have to Vacate the Building?

Under the current implementing regulation, owners are given a period not exceeding 90 days for evacuation and demolition of the risky building.

The exact notice and dates applicable to the particular building should be checked.

Do not treat the 90-day maximum as an automatic additional waiting period beginning whenever you personally learn about the matter.

The actual administrative documentation controls the relevant chronology.

Can You Refuse to Leave the Building?

A final risky-building determination carries mandatory safety consequences.

If the building is not evacuated and demolished within the period given, the administration can request the interruption of services such as electricity, water and natural gas. If owners still fail to demolish the building, administrative evacuation and demolition can follow with law-enforcement assistance.

Owners can also be responsible according to their shares for costs incurred where the administration has to carry out evacuation and demolition.

Therefore, refusing to leave should not be treated as an alternative to using the available legal remedies.

Do All Owners Have to Agree Before a Demolition Permit Is Issued?

No.

The current regulation provides that, after the applicable conditions concerning evacuation and disconnection of utilities are satisfied, a demolition permit can be issued upon the application of one or more owners or their representatives without requiring the consent of all owners.

This is another reason why a dissenting owner should not assume that refusing to sign a demolition document will necessarily prevent the process.

The more important question is whether the underlying risky-building procedure is final and whether the applicable statutory conditions have been satisfied.

You May Have the Right to Pursue Strengthening Instead of Demolition

A risky-building determination does not necessarily mean that strengthening is impossible in every case.

The current regulation expressly provides a route for owners who seek strengthening instead of demolition.

Within the period given for demolition, it must be established that strengthening is technically possible. The required owner decision must be obtained, a strengthening project must be prepared, and the necessary permit must be obtained under the applicable construction rules.

If strengthening is properly completed within the period determined by the permitting authority, an application can be made for removal of the risky-building notation from the title record.

Whether this option is realistic depends on the particular building.

You Remain a Property Owner

Being declared risky does not mean that your apartment suddenly belongs to the contractor, another owner or the public authority.

Your registered ownership position remains legally important.

However, as demolition approaches, the physical apartment will cease to exist. The registered land share and the rights connected to the future redevelopment therefore become increasingly important.

This is why the period before demolition should be used to verify the title position carefully.

Check Your Land Share Before the Building Is Demolished

Obtain current title information and determine the exact land share attached to your independent unit.

Do not assume that every apartment in the building has the same land share.

Land shares can affect the owner’s position in subsequent redevelopment decision-making.

They can also become relevant when evaluating whether a redevelopment decision has been adopted by the legally required ownership majority.

If you believe the registered land share does not correspond properly to the ownership structure, the issue should be identified before redevelopment becomes advanced.

Check Mortgages, Attachments and Other Restrictions

A risky-building determination does not automatically erase existing title restrictions.

Before demolition and before signing any redevelopment agreement, determine whether the property is subject to a mortgage, attachment, usufruct, annotation or another registered right.

These matters can affect later transactions.

They become particularly important if the proposed redevelopment arrangement involves title transfers to the contractor or changes to the condominium structure.

Document Your Existing Apartment Before Leaving

Before evacuation, preserve evidence of the existing property.

Take comprehensive photographs and videos.

Record the floor, orientation, room arrangement, approximate usable area, balconies, storage areas, parking rights and other important characteristics.

Keep copies of existing architectural plans and relevant title documents where available.

This evidence can become valuable if there is a later disagreement concerning what the owner was promised in the replacement development.

Once demolition occurs, proving the physical characteristics of the former apartment can become more difficult.

A Risky-Building Decision Does Not Automatically Decide Your Replacement Apartment

This is one of the most important protections to understand.

The risky-building assessment answers a technical question concerning the existing structure.

It does not automatically determine:

which contractor will reconstruct the building,

which apartment you will receive,

what floor the new apartment will be on,

how large it will be,

whether it will have parking,

whether it will have storage,

or when it will be delivered.

Those matters belong to the subsequent redevelopment and contractual process.

Do not allow the urgency of the risky-building process to pressure you into signing an unclear redevelopment agreement.

You Have Rights in the Redevelopment Decision-Making Process

Once risky-building status becomes final, the redevelopment stage begins to become increasingly important.

The fact that another owner initiated the risky-building assessment does not give that owner control over the future project.

Likewise, the contractor that conducted negotiations with some owners does not automatically acquire authority over the entire property.

The applicable redevelopment decisions must be made according to the current statutory ownership and decision-making framework.

Therefore, obtain the meeting documents, ownership-share calculation, redevelopment proposal and contractor agreement before deciding whether to participate.

Do Not Rely on Outdated Majority Information

Urban transformation legislation has changed significantly over time.

Property owners may therefore receive conflicting advice from neighbors, agents or older internet articles concerning the required voting threshold.

The current redevelopment decision should be examined according to the legislation applicable to that particular procedure rather than an old rule remembered from an earlier version of the law.

This is especially important where the majority decision may later be used against an owner who refuses to sign the redevelopment agreement.

You Have the Right to Examine What You Are Being Asked to Sign

Do not sign a redevelopment agreement simply because the building has been declared risky.

The contract may determine the economic value of your property for years.

At minimum, the agreement should be examined for the identity of the contractor, construction obligations, exact replacement unit, net and gross area, floor, orientation, land share, parking, storage, technical specifications, completion deadline, temporary rental payments, delay consequences, guarantees, title transfers, default and termination.

A statement such as “you will receive the same apartment in the new building” is not sufficiently precise for a high-value redevelopment transaction.

You Have the Right to Know Which Apartment You Will Receive

The replacement unit should be identifiable.

If possible, the redevelopment documentation should specify the future apartment by objective criteria rather than vague promises.

For residential property, floor and orientation can materially affect value.

For commercial property, frontage, entrance position, ceiling height, visibility and customer access can be even more important than floor area.

A foreign owner should understand the economic difference between the existing unit and the proposed replacement before signing.

Can the New Apartment Be Smaller?

The risky-building determination itself does not guarantee an identical replacement apartment.

The future property’s dimensions depend on matters such as the approved project, planning conditions, redevelopment arrangement and contractual allocation.

For this reason, compare both net and gross measurements carefully.

A promise concerning only gross area can produce a substantially different result from what an owner expects in usable internal space.

Can You Be Asked to Pay Additional Construction Costs?

Potentially, depending on the redevelopment structure.

A contractor may not always finance the entire reconstruction solely in exchange for project rights.

Owners may be required to contribute financially.

Before signing, determine the total contribution, payment schedule, adjustment mechanism and consequences of non-payment.

Do not agree to an open-ended obligation where the final construction cost can be increased without meaningful contractual limits.

You Have the Right to Examine Contractor Risk

Once the existing building is demolished, contractor performance becomes one of the greatest risks for owners.

If the contractor stops construction or becomes insolvent, the owners may be left with no existing apartment and an unfinished replacement project.

The redevelopment agreement should therefore be reviewed for contractor obligations, financial security, construction milestones, delay consequences and termination mechanisms.

Owners should also investigate what title rights the contractor expects to receive during construction.

Be Careful With Early Title Transfers

A contractor may request transfer of land shares or future units as part of the redevelopment structure.

Such transfers should not be treated as routine paperwork.

Once valuable title rights are transferred, recovering them can become substantially more difficult if the contractor defaults or transfers rights to third parties.

Depending on the project, staged transfers linked to verified construction progress and appropriate security mechanisms may reduce risk.

The proposed title-transfer structure should therefore be examined before anything is signed.

What If You Disagree With the Majority?

Disagreement does not necessarily mean that you can permanently prevent the redevelopment.

At the same time, a majority decision does not mean that procedural protections can simply be ignored.

The applicable majority must be correctly established according to the registered ownership shares, the decision must concern matters permitted by the statutory framework, and the notification and subsequent procedures must comply with the applicable rules.

If you are a dissenting owner, obtain the complete majority decision and redevelopment agreement immediately.

Do not ignore notices merely because you did not sign the agreement.

Can Your Share Be Sold If You Refuse to Participate?

Under the urban transformation framework, a dissenting owner’s share can potentially become subject to the special statutory sale procedure where the legal requirements are satisfied.

This is one of the most serious consequences of ignoring a redevelopment process after risky-building status has become final.

However, another owner cannot simply take your property because you disagree.

The applicable majority, decision, notification, valuation and statutory sale procedure must be considered.

If you receive a notice concerning the sale of your share, treat it as urgent.

Do You Have the Right to Rental Assistance?

The current implementing regulation provides for rental assistance in qualifying circumstances for structures evacuated by agreement.

For risky buildings outside designated risk and reserve areas, the regulation provides for an assistance period of 18 months for qualifying owners. Different rules can apply in risk and reserve areas, and the amount is determined through the applicable administrative framework.

Applications are subject to eligibility, documentation and timing requirements. Under the regulation, rental-assistance applications are generally made within one year from evacuation or demolition, as applicable.

Public rental assistance should also be distinguished from temporary rent promised privately by a contractor.

What Rights Do Tenants Have?

Tenants do not have the same ownership position as apartment owners, but they should not be ignored.

The current regulatory framework also contains certain assistance provisions for qualifying tenants and other occupants in specified circumstances.

A foreign owner renting out an apartment should therefore consider the tenancy when planning evacuation.

The lease, deposit, rent payments, move-out arrangements and communication concerning the demolition timetable should be documented.

What If You Own a Commercial Unit?

Owners of shops, offices and other commercial units should pay particular attention to replacement-property value.

A new unit with the same nominal square-meter figure may have significantly lower commercial value if it loses street frontage, visibility, direct entrance access, parking or storage.

Before agreeing to the redevelopment, the replacement commercial unit should be defined as precisely as possible.

The existing commercial property should also be documented thoroughly before demolition.

What If You Live Abroad?

Foreign owners living outside the country face an additional risk: the legal process may continue while they are absent.

The notification framework makes this particularly important because statutory announcements and electronic notification mechanisms can have legal consequences even when the owner has not physically returned.

A foreign owner should arrange reliable monitoring of the building and official process.

Where representation is necessary, use a carefully drafted power of attorney.

Do Not Give an Unnecessarily Broad Power of Attorney

A representative may need authority to obtain documents, attend owner meetings, submit objections or communicate with public authorities.

That does not automatically mean the representative should have unlimited authority to sell the property, mortgage it, transfer land shares, sign any contractor agreement or receive the sale price.

The power of attorney should reflect the owner’s actual instructions.

Foreign owners should pay particular attention to this issue because they may otherwise lose practical control over significant property transactions while abroad.

What If the Registered Owner Has Died?

Inheritance issues should be addressed quickly.

Where the registered owner has died, the heirs may need to establish their legal status and complete the necessary title procedures.

Waiting until the redevelopment agreement or demolition process reaches an urgent stage can create unnecessary complications.

Foreign heirs should coordinate inheritance, title registration and urban transformation issues rather than treating them as completely separate matters.

Can You Sell the Property After It Has Been Declared Risky?

The possibility and consequences of a sale depend on the precise stage of the process and the current title record.

A prospective buyer should be informed of the transformation position, and both parties should understand what rights and obligations are connected to the property.

If redevelopment decisions or special statutory procedures have already progressed, additional issues can arise.

An up-to-date title review should therefore be conducted immediately before any proposed transfer.

What Documents Should You Collect Immediately?

Once you learn that your building has been declared risky, create a complete legal file.

Obtain the current title record, risky-building assessment documentation, notification information, objection documents if any, land-share information, existing architectural documents, owner-meeting records, contractor proposals, redevelopment agreements and any evacuation or demolition notices.

Also preserve evidence of the physical apartment.

A well-organized file allows the owner to distinguish urgent legal deadlines from ordinary redevelopment negotiations.

2026 Practical Legal Strategy

If your building has just been declared risky, your first priority should be the risky-building report and notification date. Current official guidance provides a 15-day objection period calculated from the final day of the relevant local announcement.

Your second priority should be determining whether there is a genuine technical or procedural basis for challenging the assessment. Obtain the actual report rather than relying on statements from neighbors.

Your third priority is the evacuation and demolition timeline. Once the determination becomes final, the current framework allows a period not exceeding 90 days for evacuation and demolition, after which utilities and administrative demolition mechanisms can become relevant.

Your fourth priority is protecting your property position before demolition. Verify the title deed, land share, mortgages, attachments and existing apartment characteristics.

Your fifth priority is the redevelopment agreement. Do not sign until you understand the exact replacement property, financial contribution, temporary rental arrangements, completion timetable, contractor security and title-transfer mechanism.

Finally, if you disagree with the redevelopment proposal, do not simply remain silent. The statutory process can continue, and later procedures concerning dissenting ownership interests can create serious consequences.

The central principle is:

A risky-building determination can require you to leave the existing building, but it does not eliminate your ownership rights. Your task is to protect those rights before technical, administrative and redevelopment deadlines pass.

Frequently Asked Questions

1. Can I object after my building is declared risky?

Yes. Under the current ordinary procedure, an owner or legal representative may object within 15 days from the final day of the relevant local announcement.

2. What if I never personally received a paper notice?

Do not assume that the objection period has not started. The current notification system includes building posting, electronic notification and a fifteen-day local announcement, with notification deemed completed on the final day of that announcement.

3. Can I refuse demolition because I disagree with the risky-building report?

Once the risky-building determination has become final, simply refusing demolition does not stop the statutory process. Available legal remedies should be evaluated promptly.

4. How long do I have to leave the building?

Under the current regulation, the administration gives owners a period not exceeding 90 days for evacuation and demolition. The actual notice applicable to the building should be checked.

5. Can the building be strengthened instead of demolished?

Potentially, yes. Technical feasibility must be established, the required owner decision obtained, a strengthening project prepared and the necessary permit obtained within the applicable framework.

6. Do I lose ownership when the building is declared risky?

No. A risky-building determination does not itself transfer your property to another owner or contractor. However, demolition and redevelopment significantly change how your ownership interests must be protected.

7. Does the person who requested the risky-building assessment control the new project?

No. Initiating the technical assessment does not automatically give that owner unilateral authority over the subsequent redevelopment.

8. Will I automatically receive the same apartment after reconstruction?

Do not assume so. The replacement unit should be established through the redevelopment project and contractual arrangements, including its size, floor, orientation and other important characteristics.

9. Can my ownership share be sold if I refuse the redevelopment agreement?

A dissenting owner’s share can potentially become subject to the special statutory sale procedure where the applicable legal requirements are satisfied. A sale notice should therefore never be ignored.

10. What should I do immediately if my building has just been declared risky?

Obtain the risky-building report, establish the official notification date, check the 15-day objection deadline, review your current title and land share, preserve evidence of the existing apartment and obtain legal review before signing any redevelopment agreement.

Protecting Your Rights After a Risky-Building Determination

A risky-building determination can quickly move from a technical report to an urgent property dispute. For foreign owners, the most important risks are often missing the 15-day objection period, discovering the process too late while living abroad, signing an unfavorable redevelopment agreement, accepting an unclear replacement apartment or failing to protect title rights before demolition.

Fırat Fesih Kaya Law Office provides legal assistance to foreign homeowners and property investors affected by risky-building and urban transformation procedures.

Lawyer Fırat Fesih Kaya assists foreign clients with risky-building objections, notification and deadline review, title deed and land-share analysis, strengthening and demolition procedures, owner meetings, redevelopment agreements, contractor disputes, replacement-property rights and representation for owners living abroad.

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