

Learn the objection deadline and legal procedure for a risky building assessment in Turkey, including the 15-day period, notification rules, technical committee review, finalization and rights of foreign property owners.
A risky building assessment can have major consequences for an apartment, home, office or commercial property. Once the assessment becomes final, the process can progress toward evacuation, demolition and redevelopment. For this reason, property owners who believe that the assessment is technically or procedurally incorrect must pay close attention to the statutory objection deadline.
Under the current procedure, a building owner or legal representative may object to a risky building determination 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.
The 15-day period is particularly important for foreign property owners who may spend substantial periods outside the country. Waiting for a personal paper notice or relying on information from neighbors can result in the ordinary objection period being missed.
For this reason, Lawyer Fırat Fesih Kaya recommends establishing the official notification chronology immediately after learning that a building has been determined to be risky.
The risky building assessment is a formal technical determination under the urban transformation framework.
It should not be confused with a private engineer’s opinion, a contractor’s proposal to reconstruct the property, an owners’ decision to redevelop the building or a general statement that an old building may be unsafe.
Under the official process, the assessment is conducted according to the applicable technical principles. The resulting report is submitted to the competent authority for review. If deficiencies or incorrect matters are identified, the report can be returned to the licensed institution or organization for correction. If it is found appropriate, the process continues with title and notification procedures.
Before preparing an objection, therefore, the owner should obtain and examine the actual risky building assessment documentation.
The current procedure gives the objection right to the building owner or legal representative.
This is important where an apartment is owned by a foreign citizen living outside the country. The owner does not necessarily have to return personally merely to protect the objection right if an appropriately authorized legal representative can act within the required period.
However, representative authority should be verified before the objection is submitted.
The objection mechanism should also be distinguished from complaints made by tenants, building occupants or persons who have no relevant ownership or representative status.
The competent authority examines whether the objection has been made by a person entitled to use the statutory procedure.
Yes.
An individual apartment owner does not need every other owner to join the objection merely to challenge the risky building assessment affecting the building.
The technical validity of the assessment is not determined by counting how many owners want the building demolished and how many want it preserved.
One owner may believe that the assessment contains serious technical errors even though all other owners favor redevelopment.
The statutory objection procedure allows the qualifying owner or legal representative to bring the assessment before the technical committee for review.
The critical period is 15 days.
However, understanding when those 15 days begin is essential.
Under the current procedure, information concerning the risky building determination is posted on the building, owners are informed through the electronic government system, and the determination is announced at the relevant local administrative office for fifteen days.
The risky building determination is deemed notified to holders of relevant rights on the final day of that local announcement.
The owner then has 15 days from that date to object.
This calculation should not be confused with the date on which the owner personally learns about the decision.
Suppose the relevant local announcement remains posted for the statutory fifteen-day period.
The final day of that announcement is the legally significant notification date under the current ordinary risky building procedure.
The owner’s separate 15-day objection period then runs from that point.
For this reason, the first question should not be:
“When did I hear that the building was risky?”
The correct question is:
“What was the final day of the official local announcement?”
That date should be established from the administrative records rather than estimated from conversations with other owners.
Living outside the country does not automatically suspend the objection period.
This is one of the greatest practical risks for foreign property owners.
A foreign owner may leave an apartment vacant, rent it to a tenant or visit only occasionally. Meanwhile, the risky building assessment and statutory notification procedure may continue.
Because the current notification mechanism includes posting on the building, electronic notification and local announcement, the owner should not assume that personal delivery to a foreign address is required before the deadline can begin.
Foreign property owners should therefore establish a reliable system for monitoring important developments affecting the building.
Failure to receive a conventional paper notice does not, by itself, establish that the objection period has not started.
The current statutory framework uses a notification mechanism specifically designed for risky building procedures.
The relevant assessment information is posted on the structure, communicated electronically to owners and announced through the prescribed local mechanism. The assessment is deemed notified on the final day of the local announcement.
If an owner believes that notification was defective, the actual administrative file should be examined.
Do not calculate the deadline solely from the date on which a neighbor forwarded a photograph or the owner happened to discover the process.
The objection is filed by petition with the competent Urban Transformation Directorate for the location of the building or, where authority has been delegated, the relevant administration.
The owner should retain evidence showing that the objection was submitted within the statutory period.
Where representation is used, the representative’s authority should also be properly documented.
For foreign owners facing a short deadline, preparation of the representation documents should not be left until the final days.
The objection should identify the building and the risky building determination being challenged and should clearly explain the owner’s concerns.
However, the objection should not merely say:
“I do not agree with demolition.”
“I want to keep my apartment.”
“The building looks strong.”
“I recently renovated my apartment.”
“The other owners only want to make money from redevelopment.”
These statements may explain why the owner opposes the process, but they do not necessarily demonstrate that the technical assessment is incorrect.
The strongest objections generally focus on identifiable technical or procedural issues in the assessment file.
The appropriate grounds depend entirely on the particular report.
Questions may arise concerning whether the correct structure was assessed, whether the report accurately identifies the building, whether the required technical methodology was followed, whether data and calculations are consistent, and whether the assessment complies with the technical principles governing risky building determinations.
An objection should not invent technical defects that do not exist.
Instead, the assessment report should be reviewed carefully to determine whether there is a genuine basis for challenging its conclusions.
Where necessary, an independent technical expert can assist in identifying engineering issues that require attention.
It can be highly valuable in technically disputed cases.
A risky building assessment involves engineering conclusions. A legal objection that simply asserts that the building is safe may therefore be considerably weaker than one supported by a detailed understanding of the technical report.
An independent engineer may examine the methodology, structural information, calculations, testing and other technical elements of the assessment.
Legal and technical review should complement each other.
The lawyer can address the statutory procedure, notification, deadlines and legal consequences, while the technical expert evaluates whether the engineering conclusions are properly supported.
The objection is examined by a statutory technical committee.
Current official information explains that the committee includes university academics and technical personnel from the competent public authority. The committee examines whether the risky building assessment report was prepared in accordance with the applicable technical principles.
This is not simply another vote among apartment owners.
The purpose is technical review of the risky building determination.
No.
This is an important feature of the procedure.
Current official guidance expressly states that the technical committee is not limited to the objection ground stated in the petition. It examines the risky building assessment report technically in all its elements and determines whether it complies with the applicable assessment principles.
The committee ultimately reaches a conclusion as to whether the structure is risky or not.
This makes the objection procedure more than a superficial review of the wording of the owner’s petition.
If the technical review results in a change to the risky building determination, the property’s official status must be dealt with accordingly through the administrative process.
The change is communicated to the relevant title authority where required.
A successful objection can therefore have substantial consequences.
It can prevent the property from continuing through the urban transformation process on the basis of a technically unsustainable risky building determination.
If the objection is rejected, the risky building determination becomes final.
The determination also becomes final if no objection is submitted within the applicable period.
This is a critical legal turning point.
After finalization, the process moves from determining whether the structure is officially risky toward evacuation and demolition.
The owner should therefore begin protecting both immediate occupancy interests and long-term property rights.
Missing the ordinary objection deadline can significantly weaken the owner’s position.
The ordinary technical objection mechanism is time-limited. An owner should therefore not expect the administration to conduct the same statutory objection review simply because the owner learned about the process late.
However, missing the ordinary objection deadline does not mean that every possible legal issue should automatically be abandoned.
The administrative file should still be reviewed to determine whether the notification procedure was properly completed and whether there are other actionable administrative issues.
Depending on the circumstances, judicial remedies may also require consideration.
The key point is that the 15-day deadline should never be intentionally ignored on the assumption that a lawsuit can easily solve the problem later.
Judicial review may become relevant depending on the administrative action, procedural stage and circumstances of the particular case.
The statutory technical objection and a court challenge should not be treated as identical remedies.
The administrative objection brings the technical assessment before the statutory technical committee.
Judicial proceedings involve review by the competent court according to the applicable administrative-law rules.
Before litigation, the complete file should be examined to identify the actionable decision, relevant time limits and appropriate requests.
Property owners should not assume that filing a lawsuit automatically freezes every stage of the urban transformation process.
The existence of a lawsuit and the suspension of implementation are separate procedural questions.
Where urgent protection is required, the conditions for interim judicial protection must be examined specifically.
This is especially important where the risky building determination has already become final and evacuation or demolition is approaching.
A successful judgment obtained after physical demolition may not place the owner in the same practical position as timely protection obtained before demolition.
Once an objection has been rejected or no objection has been filed, the risky building determination becomes final.
The competent authority then initiates the evacuation and demolition procedure.
Under the current rules, the evacuation and demolition notice is posted on the building, owners are informed electronically, and the matter is 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.
The owner should therefore continue monitoring official notifications even after the original risky building objection stage has ended.
Under the current implementing framework, the administration gives a period not exceeding 90 days for evacuation and demolition.
The notice must also indicate that if the building is not evacuated and demolished within the period given, administrative evacuation and demolition may follow.
Owners should check the actual notice applicable to their building rather than assuming that they automatically have a new 90-day period from the date on which they personally discover the notice.
Physical refusal is not a substitute for legal objection.
Once risky building status has become final and the statutory evacuation and demolition process progresses, administrative mechanisms are available to enforce the procedure.
An owner who believes the underlying determination or later administrative action is unlawful should use the appropriate legal remedies promptly.
Waiting until demolition teams arrive can make effective protection substantially more difficult.
Depending on the technical condition of the building and compliance with the applicable legal requirements, strengthening may potentially be pursued instead of demolition.
This is legally different from challenging the risky building assessment.
An owner may accept that the structure qualifies as risky but believe that strengthening is technically and economically preferable to complete reconstruction.
The feasibility of strengthening should therefore be assessed separately from the question of whether the original risky building determination was correct.
No.
A risky building determination does not automatically transfer your apartment to another owner or contractor.
However, once the building is demolished, the physical apartment disappears.
The owner’s registered land share and rights in the future redevelopment therefore become critically important.
This is why challenging the risky building assessment should not be the owner’s only concern.
Even while an objection is pending, the owner should protect the underlying property position.
Obtain an up-to-date title record.
Verify the registered owner, independent unit and land share.
Check whether there are mortgages, attachments, usufruct rights or other restrictions.
The land share can become particularly important when owners later make decisions concerning redevelopment.
Foreign owners should not rely on an old title deed copy if significant urban transformation procedures have already begun.
If the objection is rejected, demolition may eventually occur.
Before leaving the property, create a detailed record of the existing apartment or commercial unit.
Photograph and record the floor, orientation, room layout, balconies, parking, storage, commercial frontage and other valuable characteristics.
Keep copies of architectural plans and other available property documents.
This evidence can become important when negotiating or disputing the replacement property.
There may eventually be several separate legal disputes involving the same building.
One concerns whether the existing building was correctly classified as risky.
Another may concern the owners’ redevelopment decision.
Another may involve the contractor agreement.
Another may concern which replacement apartment you receive.
Another may involve additional construction payments, delayed delivery or contractor default.
An owner should not assume that objecting to the risky building assessment automatically resolves all later redevelopment issues.
Each stage requires separate analysis.
The contractor agreement does not determine whether the risky building assessment is technically correct.
If the 15-day objection period remains open, the owner should still evaluate the risky building report independently.
At the same time, the owner should obtain the redevelopment documents because the project may progress rapidly if the risky building determination becomes final.
Do not sign simply because other owners say that the objection will probably fail.
The technical challenge and private redevelopment contract should be evaluated separately.
A foreign owner who cannot personally manage the procedure may use an appropriately authorized representative.
Because the statutory objection period is short, representation can be particularly important where the owner lives outside the country.
However, the power of attorney should correspond to the owner’s actual instructions.
Authority to obtain the assessment report, file an objection and represent the owner in the relevant administrative procedure does not necessarily require unrestricted authority to sell the property or transfer title rights.
Inheritance can complicate the objection procedure.
Where the registered owner has died, the legal status of the heirs and the applicable documentation should be established immediately.
The current regulatory framework specifically addresses objections involving deceased owners and the persons entitled to act in connection with the property.
Foreign heirs should not wait until the final days of the objection period to begin resolving inheritance and representation issues.
The first priority is to determine whether the document in question is an official risky building assessment rather than an informal engineering opinion or redevelopment proposal.
The second priority is to obtain the complete assessment report and identify the authority that processed it.
The third priority is to establish the final day of the official local announcement. Under the current ordinary procedure, the risky building determination is deemed notified on that day.
The fourth priority is to calculate the 15-day objection period immediately. Do not calculate it from the day on which you personally heard about the building’s status.
The fifth priority is to examine the technical report. Where there appears to be a genuine engineering dispute, independent technical review should be considered before the objection is finalized.
The sixth priority is to file the objection with the competent authority within the statutory period and retain evidence of timely submission.
The seventh priority is to prepare for the possibility that the objection may be rejected. Verify the title deed, land share and encumbrances and preserve evidence of the existing apartment before demolition.
Finally, if the risky building determination becomes final, monitor the separate evacuation, demolition and redevelopment procedures. Under the current framework, the evacuation and demolition period can be set at up to 90 days.
The most important principle is simple:
Do not wait for demolition negotiations before checking the risky building objection deadline. The ordinary objection period is only 15 days, and the legally relevant notification date may be different from the date on which the owner personally learns about the decision.
Under the current ordinary procedure, an owner or legal representative may object within 15 days from the final day of the relevant local announcement.
Not necessarily. The current framework provides that the risky building determination is deemed notified on the final day of the prescribed local announcement.
Yes. The objection mechanism applies to qualifying property owners and their legal representatives; foreign ownership does not by itself eliminate the right to object.
Yes. The current procedure expressly recognizes objections by owners or their legal representatives.
It is submitted to the competent Urban Transformation Directorate or, where authority has been delegated, the relevant administration.
A statutory technical committee reviews the risky building report from a technical perspective and reaches the final technical conclusion concerning whether the structure is risky.
No. Current official guidance states that the committee examines the report technically as a whole and is not limited to the particular objection ground stated by the owner.
If no timely objection is made, the risky building determination becomes final under the ordinary procedure. The process can then move toward evacuation and demolition.
The risky building determination becomes final, after which the separate evacuation and demolition procedure begins.
Obtain the official assessment report, verify the notification and announcement dates, calculate the 15-day objection period, arrange technical review where necessary and file any justified objection before the statutory deadline expires.
The objection period for a risky building assessment is short, and mistakes concerning the notification date can have major consequences. This risk is particularly significant for foreign property owners who live abroad and may learn about the procedure only after other owners have already begun discussing demolition and redevelopment.
Fırat Fesih Kaya Law Office provides legal assistance to foreign homeowners and property investors dealing with risky building assessments and urban transformation disputes.
Lawyer Fırat Fesih Kaya assists foreign clients with reviewing risky building assessment reports, determining the 15-day objection deadline, preparing objections, coordinating technical review, examining notification procedures, assessing judicial remedies, reviewing title and land-share records and protecting property rights before demolition and redevelopment.
Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr