

What does “risky building” mean in Turkey? Learn how risky buildings are officially identified, who can request an assessment, how foreign owners can object, what happens to the title deed, and when evacuation, strengthening or demolition may follow.
A “risky building” has a specific legal meaning in Turkey. It does not simply mean that a building is old, unattractive, poorly maintained or located in an earthquake-prone region.
Under Law No. 6306, a risky building is a structure, whether located inside or outside a designated risk area, that has completed its economic life or is determined on the basis of scientific and technical data to carry a risk of collapse or severe damage.
This distinction is extremely important for foreign property owners. A real estate agent, contractor, building manager or another owner may say that a building is “risky,” but that statement alone does not establish official risky-building status under Law No. 6306.
An official process must be followed.
Once that process results in a final risky-building determination, serious consequences can follow, including evacuation, demolition and redevelopment of the property.
For this reason, Lawyer Fırat Fesih Kaya advises foreign property owners to determine the building’s official legal status before signing redevelopment agreements, transferring ownership rights or relying on promises concerning a future replacement property.
No.
The age of a building may be relevant to its physical condition, but age alone does not automatically create official risky-building status.
A forty-year-old building is not automatically a risky building merely because it is old.
Likewise, a relatively newer building cannot automatically be assumed to be safe merely because of its construction date.
The legal process depends on an assessment conducted according to the technical principles applicable to risky-building determinations.
The current implementing regulation provides that risky buildings are assessed according to the technical principles contained in the relevant annex to the regulation and through the designated electronic system.
Therefore, foreign buyers and owners should avoid equating “old building” with “officially declared risky building.”
Not automatically.
A building’s location and the seismic characteristics of the surrounding area can be important, but the legal concepts of a risky building and a risk area are different.
A risky building concerns the characteristics and risk status of the structure itself.
A risk area is a separate legal concept concerning an area whose ground structure or construction conditions create a risk of loss of life or property and which is designated through the applicable statutory procedure.
A building can therefore potentially be determined to be risky even if it is not located inside a formally designated risk area.
This distinction is particularly important when conducting legal due diligence before purchasing property.
The current implementing framework identifies the types of structures that can be subject to the risky-building assessment procedure.
The regulation covers structures that can be independently used, are covered, and can be entered by people for purposes such as living, working, recreation or worship, as well as structures used for protecting animals or goods.
By contrast, unoccupied structures still under construction and structures whose structural integrity has already been lost because of abandonment or another reason are not subject to the ordinary risky-building assessment procedure described in this provision.
This means the legal classification should be checked according to the actual characteristics and status of the structure rather than assumed from its appearance.
One of the most important rules for property owners is that unanimous consent of all owners is not required merely to initiate the assessment.
Under the current official procedure, a property owner or legal representative can request a risky-building assessment at the owner’s expense through an institution or organization licensed for this purpose.
Therefore, if a foreign person owns one apartment in a building containing many independent units, another qualifying owner may be able to initiate the assessment even though the foreign owner did not sign the application.
This often surprises foreign owners who believe that nothing can happen without unanimous consent.
Foreign nationality does not, by itself, create a separate risky-building assessment procedure.
Where the foreign individual is the relevant registered property owner, the ownership position is central to the process.
Accordingly, foreign owners should not assume that they are excluded from the process merely because they are not citizens.
Likewise, they should not assume that their property is exempt from a risky-building assessment because the apartment is foreign-owned.
Yes.
The current implementing regulation provides that the competent authority or administration can conduct or arrange the assessment directly and may also give owners or their legal representatives a period in which to have the assessment completed.
If the owners fail to obtain the assessment within that period, the authority can conduct or arrange it. Where the assessment is carried out by the authorities because the owners failed to do so, the owners can be responsible for the costs according to their shares.
Therefore, the risky-building process does not always depend entirely on voluntary action by the owners.
Refusing access does not necessarily stop the procedure.
The current regulation specifically addresses situations where access to the building or an independent unit is prevented, doors are kept locked or those conducting the assessment are obstructed through threats or force.
Where the applicable requirements are satisfied, the assessment can be carried out through official intervention, including entry with law-enforcement assistance and the opening of closed areas pursuant to the prescribed authorization procedure.
A foreign owner should therefore distinguish between legally challenging an assessment and physically preventing an authorized technical inspection.
The assessment must be carried out within the official framework.
Owners can have the assessment performed by institutions and organizations licensed by the competent urban transformation authority.
The report is prepared according to the technical principles governing risky-building assessments and submitted electronically through the applicable system.
A private opinion obtained from an engineer may be useful for other purposes, but foreign owners should not automatically assume that every private structural report constitutes the official risky-building determination required under Law No. 6306.
The purpose of the assessment is to determine whether the structure meets the legal and technical criteria for classification as a risky building.
This is not merely a visual inspection based on whether cracks can be seen.
The assessment must comply with the technical principles established under the implementing regulation.
Accordingly, a foreign owner who wishes to challenge the result should focus on the technical assessment and methodology rather than relying solely on the argument that the building “looks safe.”
The report does not simply remain with the engineer who prepared it.
The licensed institution or organization submits the report to the competent Urban Transformation Directorate or, where authority has been delegated, the relevant administration.
The report is then reviewed.
If deficiencies or incorrect matters are identified, the report is returned to the institution or organization for correction. If no deficiency remains and the building is accepted as risky, the relevant title deed authority is notified so that the risky-building status can be recorded in the title register.
This administrative review is an important part of the formal process.
Once the assessment has passed the applicable review, the competent authority notifies the title deed authority so that the risky-building status can be indicated in the declarations section of the title register. The current regulation provides that this notification is made within the prescribed period after the report is found complete.
For foreign buyers, this makes an up-to-date title investigation particularly important.
A buyer should not rely only on an old title deed copy supplied by the seller.
The current legal status of the property should be checked before purchase.
The current notification system is particularly important for owners living abroad.
The competent authority prepares the prescribed notice containing information concerning the risky-building assessment. The 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 to holders of relevant rights on the final day of that announcement. Risky buildings are also announced through the competent authority’s official publication mechanism for fifteen days.
Foreign owners should therefore not assume that a deadline cannot begin until a paper notice reaches their overseas address.
The first task is to determine the official timeline.
Ask:
When was the risky-building report approved?
When was the notice posted?
When did the local announcement begin and end?
Has the 15-day objection period expired?
Has an objection already been filed?
Has the determination become final?
Has an evacuation or demolition notice been issued?
These dates can materially affect the owner’s available legal options.
Yes, where the owner satisfies the applicable requirements and acts within the statutory period.
The current official procedure allows building owners or their legal representatives to object to the 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.
Missing this period can significantly change the owner’s position.
Foreign owners should not assume so.
Under the current procedure, the risky-building assessment is deemed notified on the final day of the relevant local announcement, and the 15-day objection period runs from that point.
This creates a significant practical risk for an owner living abroad.
An owner who learns about the assessment several weeks later may discover that the ordinary objection period has already passed.
The objection should address the risky-building determination rather than merely expressing a desire to prevent redevelopment.
For example, saying:
“I bought this apartment as an investment and do not want it demolished.”
does not by itself establish that the technical assessment is incorrect.
The report should be examined to determine whether there are technical or procedural issues affecting the determination.
Where necessary, legal review should be coordinated with independent technical expertise.
The objection is reviewed by a technical committee established under the applicable framework.
The current official guidance explains that the committee consists of seven members, including university members and technical personnel from the competent authority.
Importantly, the committee is not limited solely to the objection ground stated by the owner. It examines whether the risky-building report complies technically with the applicable assessment principles and reaches the final technical conclusion as to whether the structure is risky or not.
This makes the objection process more than a simple administrative formality.
If the risky-building determination changes as a result of the objection process or a judicial decision, the change is communicated to the relevant title deed authority.
The consequences will depend on the resulting determination and the stage of the proceedings.
For this reason, an owner who has a serious technical basis for challenging the assessment should act before later transformation steps become more advanced.
If no timely objection is filed, the risky-building assessment becomes final.
The same result follows where an objection is considered and rejected.
Once the assessment becomes final, the process moves toward evacuation and demolition.
At this stage, the owner’s focus should expand from the risky-building report to protection of the title position, land share and future redevelopment rights.
Under the current implementing framework, owners are given a period not exceeding 90 days for evacuation and demolition of the risky building.
The evacuation and demolition notice follows its own statutory notification process.
If the building is not evacuated and demolished within the period provided, further administrative measures may follow.
This means a foreign owner should not wait until the end of the 90-day period before beginning to investigate redevelopment rights.
The current official procedure provides that if the owners do not demolish the risky building within the period given, the administration can request that services such as electricity, water and natural gas not be provided or that existing services be stopped.
This illustrates why a final risky-building determination has practical consequences beyond simply placing a notation on the title deed.
Owners and occupants should prepare for evacuation rather than assuming they can continue using the property indefinitely.
Not necessarily in every case.
The current implementing regulation provides a route for strengthening instead of demolition where the applicable requirements can be satisfied.
Within the period given for demolition, the owners must establish that strengthening is technically possible, obtain the required owner decision, prepare the strengthening project and obtain the necessary permit under the applicable construction rules.
After strengthening has been 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.
Therefore, foreign owners should not automatically assume that demolition is the only possible technical solution.
No.
Whether strengthening is technically, legally and economically appropriate depends on the particular building.
The cost of strengthening, expected remaining life of the structure, owner agreement requirements, planning conditions and long-term market value should all be considered.
In some buildings, redevelopment may be more practical.
In others, strengthening may deserve serious examination.
The decision should be based on actual technical and legal analysis rather than a general preference.
Initially, the owner remains the registered owner of the apartment and associated ownership rights.
However, once the risky-building determination becomes final, the property moves toward evacuation and potential demolition.
At that point, the underlying land share and the owner’s position in the redevelopment become increasingly important.
Foreign owners should therefore obtain the current title record and verify the land share, mortgages, attachments, usufruct rights and other restrictions before the building is demolished.
If the building is eventually demolished and reconstructed, the owner’s registered land share can become highly significant.
Urban transformation decisions concerning the new implementation are linked to ownership shares under the current framework.
Therefore, two owners who each have one apartment do not necessarily hold identical voting positions if their registered ownership shares differ.
A foreign owner should know the exact registered share before entering redevelopment negotiations.
No automatic assumption should be made that a risky-building determination alone guarantees a specific replacement apartment.
The risky-building determination concerns the safety status of the existing structure.
The future redevelopment project involves additional owner decisions, planning, contractual and title issues.
The replacement apartment should therefore be addressed through the redevelopment process and relevant agreements.
Foreign owners should not confuse the right to participate in the ownership process with an automatic guarantee of an identical future apartment.
The current urban transformation framework contains rules governing decisions concerning the new implementation.
The validity of a particular redevelopment decision should be examined according to the current ownership shares, meeting procedure and applicable statutory requirements.
Foreign owners should not rely on outdated information concerning voting thresholds.
They should obtain the current title-share structure, meeting documents and proposed redevelopment agreement before deciding whether to participate or challenge the process.
Yes, it can materially affect the transaction.
A prospective buyer should understand that the building has already entered a statutory process that may lead to evacuation and demolition.
The buyer should therefore investigate not only the current apartment but also the stage of transformation, owner decisions, contractor arrangements and potential future financial obligations.
A foreign buyer purchasing a risky-building property without reviewing these matters may acquire significantly more risk than expected.
There is no universal answer.
A risky-building property can potentially offer investment opportunities if the redevelopment project is legally secure, financially viable and properly structured.
But the buyer should investigate the complete transformation file.
The purchase price should be considered together with possible additional construction contributions, temporary housing costs, contractor risk, expected replacement unit, construction period and title-transfer structure.
A low purchase price does not necessarily mean a low-cost investment.
A foreign buyer should establish whether the risky-building assessment is final, whether evacuation or demolition has begun, what land share is attached to the apartment, whether owners have already made a redevelopment decision and whether a contractor agreement has been signed.
The buyer should also investigate mortgages, attachments and other title restrictions.
If a replacement apartment has already been allocated, the buyer should identify exactly what will be acquired in the future.
The legal position of the future property can be more important than the physical condition of the existing apartment.
Do not rely on an oral promise.
Removal of risky-building status requires a legal and technical basis.
For example, where the strengthening route is properly completed in accordance with the applicable requirements, an application can be made for removal of the notation.
A seller’s statement that the notation “will disappear soon” should therefore be verified through official documents.
The same risky-building process can have particularly significant economic consequences for commercial property.
A shop or office may lose its existing physical location through demolition.
The replacement commercial unit may have a different frontage, entrance, floor, visibility or customer access.
Therefore, once the building enters redevelopment, the commercial owner should ensure that the replacement-unit characteristics are addressed precisely in the redevelopment agreement.
Equal floor area does not necessarily mean equal commercial value.
Risky-building status does not automatically erase a mortgage.
The owner should investigate how the mortgage affects the underlying ownership position and subsequent redevelopment transactions.
This becomes especially important where the contractor requires title transfers or where the title structure will change during reconstruction.
Foreign owners with financed properties should therefore review the mortgage before authorizing redevelopment transactions.
An attachment or another title restriction can continue to affect the owner’s position during the redevelopment process.
The current title record should therefore be reviewed before demolition and before major contractual or title transactions.
Urban transformation should never be treated as if it automatically cleans the title of all existing restrictions.
Inheritance issues should be resolved promptly.
Where the registered owner has died, the heirs’ legal and title positions may need to be established.
This can become particularly important when owners must participate in meetings, redevelopment agreements or other transactions connected to ownership shares.
Foreign heirs should therefore address inheritance and title registration before the project reaches an urgent stage.
Many aspects can be handled through properly authorized representation.
However, the power of attorney should be drafted carefully.
Authority to file an objection or obtain documents does not necessarily need to include authority to sell the property, mortgage it or transfer title to a contractor.
Foreign owners should avoid granting unnecessarily broad authority merely because they cannot be physically present.
A foreign owner should not assume that simply filing a case automatically stops the administrative process.
Where judicial protection is required, the available interim remedies and their legal conditions must be considered separately.
Timing is especially important because demolition is difficult to reverse physically once completed.
Legal review should therefore occur as early as possible after the owner becomes aware of the risky-building determination.
The first priority is to confirm that there is an official risky-building determination, rather than merely a statement from a contractor, building manager or real estate agent.
The second priority is to establish the notification chronology. Current official rules provide that the risky-building notice is posted on the building, communicated electronically and announced through the relevant local procedure, with the assessment deemed notified on the final day of that announcement.
The third priority is to check the 15-day objection period immediately. If a technical challenge is being considered, the actual risky-building report should be obtained and reviewed rather than relying on general objections.
The fourth priority is to prepare for what happens if the determination becomes final. Current rules provide a period not exceeding 90 days for evacuation and demolition, while strengthening may remain an alternative where the technical, ownership, project and permit requirements are satisfied within the applicable framework.
The fifth priority is to protect the future property position. Before demolition, verify the land share, title restrictions and existing apartment characteristics, and begin reviewing the redevelopment structure.
For foreign owners, the central rule is:
A building does not become an official risky building merely because someone says it is unsafe. But once the formal risky-building determination is completed and becomes final, short deadlines and significant property consequences can follow.
Under Law No. 6306, a risky building is a structure, inside or outside a designated risk area, that has completed its economic life or is scientifically and technically determined to carry a risk of collapse or severe damage.
No. Building age alone does not create official risky-building status. The statutory technical assessment process must be completed.
Yes. Current official guidance allows an owner or legal representative to initiate the assessment through a licensed institution or organization.
Yes. An owner or legal representative may object within 15 days from the final day of the relevant local announcement.
Do not assume the deadline has not begun. The current system uses posting on the building, electronic notification and local announcement, and the determination is deemed notified on the final day of the relevant announcement.
Not necessarily. Strengthening may be possible where technical feasibility is established and the required owner decision, strengthening project and permit are obtained within the applicable period.
Under the current framework, owners can be given a period not exceeding 90 days for evacuation and demolition.
The official procedure provides for requests to stop services such as electricity, water and natural gas where the risky building is not demolished within the period given.
No. The risky-building determination concerns the existing structure. Rights concerning the replacement project depend on the subsequent ownership, redevelopment, contractual and title arrangements.
Obtain the official risky-building documentation, identify the notification and objection dates, check the current title and land share, consider whether a technical objection or strengthening option is realistic, and protect the ownership position before evacuation and demolition progress.
A risky-building determination can rapidly change the legal and economic position of an apartment, home, office or commercial property. The most important issues can include the technical assessment, 15-day objection period, notification procedure, title notation, strengthening option, evacuation, demolition, land share and subsequent redevelopment rights.
For foreign property owners, early action is particularly important because official procedures may continue while the owner is outside the country.
Fırat Fesih Kaya Law Office provides legal assistance to foreign homeowners and property investors dealing with risky-building and urban transformation matters.
Lawyer Fırat Fesih Kaya assists foreign clients with reviewing risky-building procedures, determining objection rights, examining title deed and land-share records, evaluating redevelopment documents, managing representation from abroad and protecting ownership rights throughout the transformation process.
Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr