What is Risky Building Detection, How to Apply?
Buildings that are likely to collapse or be severely damaged are called risky structures. It is determined by the authorized institutions whether the building is a risky structure or not. This examination based on technical data is called risky structure detection.
How to Apply for Risky Building Detection?
According to Article 3 of the Law on the Diversion of Areas Exposed to Disaster Risks No. 6306, it is necessary to submit an application to “institutions and organizations licensed by the Ministry of Environment and Urbanization” to identify hazardous structures . It is sufficient for one of the real estate owners residing in the building to apply in person or through his legal representative. A majority decision is not required for application. In order to apply to identify a risky structure, a copy of the property owner’s ID and title deed must be submitted.
What are Risky Structure Detection Processes?
The reports of the buildings that are determined to be risky structures are forwarded to the Provincial Directorate of Environment and Urbanization by the authorized institution that carried out the examination. The Provincial Directorate of Environment and Urbanization examines the risky structure detection report, and if there is an erroneous situation, the report is returned to the authorized institution. If there is no error, a notification is made to the title deed directorate and an annotation of the risky building is written on the title deed.
How to Make a Risky Building Objection?
A notification is sent to the owners of the buildings that are determined to be risky structures by the land registry office. The notification includes the following information:
- The relevant building is in the risky building class and this information has been annotated on the title deed,
- Real estate owners can object to the report within 15 days.
- If they do not object, they are notified that the building should be demolished within the time allowed for them, not less than 60 days after the notification.
Property owners have the right to object within 15 days from the date of notification. A risky building objection is made by submitting a petition to the relevant Environment and Urban Planning Directorate. The documents required for a risky construction objection are as follows:
- Petition to be submitted to the Provincial Directorate of Environment and Urbanization
- Copy of title deed showing ownership of the risky real estate
- Photocopy of identity card of the objecting real estate owner
- Notice sent by the land registry office
Four people from universities and three people from the Ministry of Environment and Urbanization examine the objections. If the objection is accepted as a result of the examinations, a notification is made to the land registry directorate. If the objection is not accepted, a demolition decision is made for risky structures.
How is the Decision of Demolition Implemented?
Real estate owners are given 60 days for the building that is determined to be risky. At the end of 60 days, they are notified that they have to demolish the building. If the building is not demolished within this period, an additional period of less than 30 days is granted. At the end of this additional period, the building is demolished by the Ministry of Environment and Urbanization.
After the demolition, the building can be rebuilt by the floor owners or it can be left as land. A two-thirds majority is required to decide whether to re-build or leave it as land.
