Risky Building Process, Risk Assessment by Citizens

Citizens may have their buildings assessed by the relevant Ministry, municipalities, metropolitan municipalities or the authorities and institutions to be licensed by the Ministry. No majority is required at this stage. This assessment can be made with an application of one of the property owners or his/her legal representative.  Photocopies of property deed and identity card are necessary for application. Risky buildings are determined according to the provisions of the Regulation on Buildings to be Constructed in Earthquake Zones published in the Official Gazette dated 6/3/2007 and number 26454.   

Buildings Assessed as Risky:

As a result of such assessments, the buildings that are found to be risky are reported to the Provincial Directorate of the Ministry of Environment and Urbanization by those who make the assessment. Provincial Directorates of the Ministry of Environment and Urbanization examines the reports and in case of missing or faulty points in the reports, they are returned to the relevant persons and other reports are communicated to the relevant directorate of land registry.

Sending Notifications to Property Owners

For the declarations required by the relevant directorate of land registry for land register; objection may be filed with a petition to the Directorate which is located in the region where the risky building is situated within fifteen days as from the notification date against risky building assessment or the fact that such risky building must be demolished by the relevant administration within the period specified not less than sixty days  as from the notification date is communicated to the real and personal right owners and this notification is also reported to the Directorate.

Ministerial Decision for Demolition:

In case the risky building is not demolished despite the ministerial decision, this will be reported in written to the Administration. If the building is still not demolished despite such report, it is demolished or caused to be demolished by the Ministry.

Process after Demolition

Meeting is held with the property owners. In the event that no unanimous consent is reached by all property owners at this meeting regarding the steps to be taken; firstly, risky building is caused to be appraised by the licensed valuation institutions acting as being registered in the Capital Market Board and an agreement is tried to be reached based on this valuation but again if no agreement is reached, a decision will be made on the process to be followed with the majority of at least two third of the apartment owners at the rate of their shares . This decision is written to the minutes and signed by all present apartment owners.

Decision made with a majority of at least two third of the apartment owners are notified via notary to those who have not accepted the decision and those who have not participated in the meeting for apartment owners board. In this notification, it is communicated that if said decision is not accepted within fifteen days, land shares of independent sections will be sold by auction to other apartment owners with whom agreement is made at the value not less than the fair market value to be determined by the Ministry and these shares will be registered before land registry office by direct registration method on behalf of the Ministry of Treasury provided that the current value is paid by the relevant Ministry.