📩 09/03/2023 14:26
The process of risky buildings in urban transformation starts with the "identification application" of the building owners to licensed institutions and organizations, and ends with "post demolition application" after "risk determination" and "destruction of the risky structure". Citizens whose risky structure has been destroyed are offered conveniences such as interest support, rent assistance and fee exemption for new houses to be built.
After the 6 and 7,7 magnitude earthquakes in Kahramanmaraş on February 7,6, the issue of transformation of risky structures came to the fore again.
According to the Law No. 6306 on Transformation of Areas Under Disaster Risk, buildings that have completed their economic life or that are found to be at risk of collapse or severe damage, inside or outside the risky area, are considered as “risky structures” and the procedures related to them are Environmental, Urbanization and It is run by the Ministry of Climate Change. The processes for the detection of risky structures that are resistant to earthquakes and do not have the safety of life for their inhabitants are carried out in four stages.
The transformation process regarding the demolition of risky buildings and the construction of new ones starts with the “identification application” of the building owners, continues with the “risk determination”, “demolition of the risky structures” and ends with the “post demolition application”.
First step detection application
The first step is to be taken by the owner of the building in order to identify the buildings that are likely to collapse and be severely damaged in the event of a possible disaster, and that pose a risk to the safety of the people living in them.
The "risky structure detection" should be done by licensed institutions and organizations, which are available in the Ministry's "altyapi.csb.gov.tr/riskli-yapi-tespiti-ile-related-establishments" link.
The application for this can be made by the building owners or one of their legal representatives, using the e-Government password, on the website kentdonusum.csb.gov.tr.
Second stage risk identification
The risky structure detection report, prepared by licensed institutions and organizations after the application, is reported to the district municipalities in Istanbul, Ankara and Izmir, and to the Provincial Directorates of Environment, Urbanization and Climate Change in other provinces.
In case of incomplete or incorrect detection of municipalities and provincial directorates, the reports are sent to the relevant person, and the annotation in the form of "risky structure" is sent to the relevant land registry directorate. Building owners can object to the land registry office or municipality where the risky building is located within 15 days from the date of notification.
If no objection is made, the building is demolished within the specified period, not less than 60 days from the date of notification.
Objections to the "risky structure" determination are examined by the technical committee, which includes 4 members from universities and 3 members from the Ministry.
With the decision of the technical committee on the risky structure, the determination process becomes final.
The third stage is demolition of risky structures.
After the final "risky building" decision, the building owners are given a period of not less than 60 days for demolition.
During this period, whether the building was demolished or not is controlled by the administration. If it is not demolished, it is stated that the building will be demolished by the administrative authorities, and an additional period of 30 days is given at the most.
If the risky structures are not demolished by their owners at the end of this period, the relevant institutions and organizations are requested not to supply electricity, water and natural gas to the risky structures and to cease their services.
Evacuation of life and property from risky buildings and their demolition are carried out or are carried out by the administration with the support of the law enforcement to be provided by the local authorities.
Structures that are not demolished are also demolished or demolished by the Ministry or provincial directorates. The owners of the building are responsible for the costs of this transaction in proportion to their shares.
The process ends with the post demolition application
After the demolition of risky structures, new buildings are being constructed and a re-evaluation of the parcels is made.
If the owners of the buildings do not have a consensus regarding these transactions, the value of the immovables belonging to the owners who cannot reach an agreement are determined by licensed valuation institutions registered with the Capital Markets Board.
If there is no unanimity on this value, the implementations regarding the structure are decided by at least two-thirds majority in proportion to the shares of the owners.
This decision and the terms of the agreement are reported to the municipalities in Istanbul and to the provincial directorate in other places.
The land shares of the owners who do not agree with the decision are sold to the other stakeholders, who have reached an agreement, by auction method over the land share value. With the end of the sales process, the implementation of the new structure is started.
Interest support and rent assistance from the Ministry of Environment, Urbanization and Climate Change for new houses to be built, and tax and fee exemption by relevant state institutions and municipalities are granted to those whose risky structure is destroyed.