Determination, objection and demolition
Joint assessment of the risk report, notifications, technical objection and administrative court routes.
Review the service detailsInitial legal assessment
Attorney services in urban transformation cover the joint review of ownership, the owners’ will, technical reports and contracts. The risky building determination, the owners’ decision and the contract made with the contractor are different legal acts. Completion of one does not mean that the other is automatically valid.
Güneş & Güneş Law Firm provides advisory and dispute resolution services to owners, apartment building and housing complex managements, investors, contractors, tenants and holders of limited real rights. As the file requires, coordination is established with architects, engineers, licensed determination organizations and valuation experts.
Prepare the entire risky building, eviction, demolition or share sale document, together with the announcement at the neighborhood head’s (muhtar) office and e-Devlet records, if any. Do not rely solely on postal delivery when calculating the time limit.
Which time limit applies to which act?The fact that the documents are not yet complete does not prevent the initial assessment.
Scope of services
Depending on the situation of the property and the parties, the work may be limited to a single act or may cover the whole transformation. The party to be represented and possible conflicts of interest are determined when the matter is accepted.
Joint assessment of the risk report, notifications, technical objection and administrative court routes.
Review the service detailsMeeting call, share calculation, offer notification, valuation and auction file.
Review the service detailsComparison of offers, allocation, security, staged title transfer and delivery conditions.
Review the service detailsThe strengthening option, project, development rights, parcel transactions and new independent units.
Review the service detailsRent and relocation support, exemptions, and the position of tenants and holders of limited real rights.
Review the service detailsDelay, incomplete work, termination, area decisions, multi-block complexes and the transactions of foreign owners.
Review the service detailsA risky building determination is made by the competent organizations according to the technical principles in force, not on the basis of a legal opinion. Attorney services cover authority, notification, time limits, the legal consequences of the report, preparation of the technical objection and, where the dispute must be brought before the administrative courts, the conduct of the judicial process.
A technical objection to a risky building determination can be made within fifteen days from the last day of the announcement made at the relevant neighborhood head’s office. As the time limit for bringing an action regarding administrative acts established under Law No. 6306 may be thirty days, unlike the general time limit, the date of notification or announcement must be determined separately for each act.
After a risky building determination becomes final, the owners may be given a period for eviction and demolition. Failure to demolish within the period may lead to the discontinuation of utility services, the eviction and demolition of the building by the administration, and the collection of the costs from the owners in proportion to their shares.
The strengthening option should not be determined by cost comparison alone. The technical condition of the building, development rights, the decision requirements under condominium ownership law, the possibility of obtaining a permit, loss of use and long-term safety must be assessed together.
In the re-evaluation decision under Law No. 6306, the will of the co-owners representing more than half of the shares in the relevant property is the basis. Attempting unanimity first is not accepted as a mandatory preliminary stage. The call to the meeting, the meeting quorum, the signed minutes and the notification of the offer to those who do not take part in the decision are completed separately.
The sale of a share does not happen automatically. The invitation documents to the meeting and the minutes, the majority calculation, the notification of the decision and the offer, the acceptance period, the valuation and the auction file are reviewed together. The participant and announcement conditions of the first sale and subsequent sales differ; the sale procedures for the risky building and for the area-based implementation are not confused.
In an urban transformation contract, it is not enough to write only the allocation of independent units. The possibility that the project cannot be completed, the contractor’s financial structure, whether the securities can be converted into cash, the level of progress at which the title transfer will be made, and responsibility for the permit and the occupancy permit must be clearly regulated in the contract.
A contractor review does not give a “guarantee of success”; however, by making the company’s legal structure, authority of representation, commitments and proposed safeguards visible before the contract is made, foreseeable risks can be reduced.
Equal square meters do not always mean equal value. In the distribution of independent units, value elements such as floor, facade, view, type of use, appurtenances, access and location within the project must be considered together.
A risky building, a risk area and a reserve building area are not the same legal status. The authority making the decision, the method to be applied, the owners’ decision process, planning authority and the possibilities of judicial application may vary according to the specific status.
Because support amounts and program conditions may change over time, no transaction should be made on the basis of old figures found online. Whether rent assistance and interest support can be used together by the same person, the application date and the eviction conditions must be checked according to the current regulation.
Being a tenant or the holder of a limited real right does not give a vote in the reconstruction decision taken by the owners as an owner; however, it may give rise to rights that must be separately protected in terms of eviction, contract, support and use relationships.
In sites with more than one block, taking a decision without jointly reviewing the technical status of each building, the ownership structure of the parcel and the management plan may give rise to disputes over the calculation of the majority and the area of implementation.
Before the permit application, it is checked whether the decision and the offer have been properly notified to the owners who do not take part in the decision, and in which cases an application for a share sale must be made. Implementing Regulation Article 15/4 requires the sale application at this stage; this is not the same as the sale having been completed. General zoning disputes are handled together with the relevant zoning law practice area.
In disputes arising after construction has started, preservation of evidence without delay, review of land registry movements and protection of existing securities are important. Comprehensive contract and construction disputes with the contractor are handled separately under the Construction Law practice area.
Güneş & Güneş Law Firm serves in Turkish, English, German and Russian and follows the urban transformation procedures of owners located in Türkiye or abroad.
2026 legislation note
February 4, 2026 · Official Gazette 33158
Read the text of the amendment (opens in a new tab)February 27, 2026 · Decision 10960
Read the Presidency’s announcement (opens in a new tab)Obtaining a risky building approval under Law No. 6306 by December 31, 2026 was taken as the basis for entry into the scope of support, provided that the other program conditions are also met. It was taken into account that the permit, servitude of floor ownership and rights-holder status procedures can be completed later. This regulation is specific to Istanbul; it does not apply to every building in Antalya.
May 22, 2026 · Official Gazette 33261
Read Law No. 7579 (opens in a new tab)The ratio for amending the management plan of a large-scale development in Article 70 of the Condominium Ownership Law was reduced from four-fifths to two-thirds. The operating plan and the interim advance arrangement also changed. These provisions are not the same decision regime as the share-based absolute majority required for re-evaluation under Law No. 6306.
Source review: October 4, 2026. The effect of a new regulation on a file that began earlier is examined through the date of the act and the relevant transitional provision. Support amounts and administrative practices are checked separately on the application date.
Before the decision
| Status | What does it mean? | Focus of the review |
|---|---|---|
| Risky building | A building whose economic life has ended or which is technically determined to carry a risk of severe damage or collapse. It can exist outside an area decision as well. | Licensed determination, report, notification, technical objection and implementation on the parcel where the building is located. |
| Risk area | An area determined by Presidential decision that carries a risk of loss of life and property because of the ground or the built environment. | The area decision, planning, rights-holder status, valuation and implementation acts. |
| Reserve building area | An area determined by the Ministry for use in implementations under Law No. 6306. | The basis of the decision, the scope of the property, allocation, debt obligations and rights-holder status. It is not assumed to be only vacant land. |
Share calculation example: out of a total of 1,000 land shares, 500 shares are not an absolute majority; more than 500 are needed. Counting the number of owners or apartments is not enough. Where there is more than one parcel, the conditions for consolidation, the status of each parcel and the will of the owners of vacant parcels are examined separately.
Distinctions that prevent loss of rights
| Act | Time limit and starting point | Distinction to note |
|---|---|---|
| Technical objection to a risky building determination | The owner or the owner’s statutory representative may apply to the relevant Directorate or to the administration to which authority has been delegated within 15 days from the last day of the neighborhood head’s office announcement. | The objection is directed at the technical panel review. The e-Devlet notification, the record posted on the building and the announcement are checked together. |
| Offer to an owner who does not take part in the decision | A 15-day acceptance period applies from the date on which the decision and the offer were notified or are deemed to have been notified. | An electronic notification is deemed served at the end of the fifth day following its arrival at the address; a neighborhood head’s office announcement is deemed served on the last day of the announcement. The call to the meeting does not replace this notification. |
| Administrative act under Law No. 6306 | Under Article 6/9 of the Law, an action may be brought before the administrative courts within 30 days from notification. | The nature of the act, the special procedure, jurisdiction and applications that affect the time limit are determined on the basis of the file. Not every dispute is subject to this time limit or to the same court. |
| Eviction and demolition | The administration gives the owners a period not exceeding 90 days; the period stated in the specific notification is the basis. | 90 days is not a fixed waiting period granted automatically in every file. Bringing an action does not stop the act by itself. |
The need for urgent protection is assessed separately. The effect of a technical objection, an administrative application and an action on the time limit is not the same. Where demolition or sale is imminent, a stay of execution is considered; in a private law relationship, the conditions for an interim injunction are addressed separately. The calendar calculation is not finalized without seeing the entire document.
Strengthening and dispute routes
Technical suitability alone is not sufficient. Within the period given for demolition, it must be determined that strengthening is technically possible; and, within the framework of Article 19/2 of the Condominium Ownership Law, the decision, the project and the permit conditions in accordance with the zoning legislation must be completed.
The rule requiring the written consent of four-fifths of the condominium owners and the exception under which consent is not required when the necessity of strengthening has been established by the court are assessed together. This assessment differs from the 2026 regulation on amending the management plan of a large-scale development.
Basis: Implementing Regulation Article 8/7 and Law No. 634, Article 19/2. The project, time limit and administrative permits are addressed together.
Administrative acts concerning the risky building, eviction, demolition and share sale are distinguished from contract problems such as the contractor’s delay, incomplete work or title transfer.
Contractor and safeguards review
| Topic | Matter to be clarified in the contract | Document or safeguard |
|---|---|---|
| Allocation and value | Independent unit, net/gross area, floor, facade, appurtenances and equalization. Equal area does not always mean equal value. | Signed allocation schedule, project, valuation and room schedule. |
| Time and delivery | Condition for commencement, permit date, work program, delay, provisional/final delivery and occupancy permit obligation. | Measurable calendar, delivery record, loss of rent and contractual penalty arrangement. |
| Title transfer | The verified construction level at which the transfer will be made; limits on transfers to third parties and on financing. | Staged transfer schedule, technical progress report and land registry check. |
| Security | Beneficiary, amount, maturity, demand condition, convertibility into cash and release of the security. | Bank letter of guarantee, mortgage, suretyship or a suitable insurance structure; each instrument has its own conditions. |
| Cost and support | Additional charge, price change, tax/fees, rent assistance, temporary housing, dues and sharing of common expenses. | Clear payment plan and a provision for the case where support cannot be obtained. |
| Defects and deviation from the project | Materials, technical specification, incomplete work, inspection and notification procedure. | Technical specification, record of findings (tespit tutanağı), liability for defects and correction schedule. |
| Termination and unfinished work | Default, composition with creditors/bankruptcy, liquidation, existing title transfers and the possibility of continuing with a new contractor. | Termination conditions, preservation of evidence, settlement of accounts and protection of the securities. |
The security given to the administration and the owner’s contractual safeguard are different. The 6 percent rate in the regulation and the 2026 transitional arrangement do not mean that the safeguard to be given to the owner is automatically sufficient. In whose favor, for which debt and under what condition it will be used must be written separately.
Our working process
The land registry record, land shares, condominium ownership or servitude of floor ownership, management plan, zoning status, project, encumbrances and the legal status of the parties are reviewed. Before the risky building process is started, the factual and legal feasibility of the transformation is assessed.
The determination is made by a licensed institution or organization. The administration’s approval of the report, notification to the land registry, the record posted on the building, the e-Devlet notification and the neighborhood head’s office announcement are monitored. If the determination is disputed, the time limits for technical objection and litigation are determined without delay.
The options of demolition and reconstruction, strengthening, construction in return for units or construction for a fee are assessed together with development capacity, cost, financing, valuation and the owners’ expectations. After the offers are compared, the meeting and decision process is conducted in accordance with the legislation.
The contractor’s legal status is reviewed; the technical specification, allocation, time, title transfer, security, contractual penalty, termination and delivery provisions are clearly regulated. The aim is to leave no contradiction between the contract and the project documents.
Eviction and delivery records are prepared; demolition, shutdown of utilities, permit, project and land registry procedures are monitored. During construction, progress in accordance with the contract, progress payments (hakediş) and staged title transfer are checked.
The independent units are checked from technical and legal aspects; incomplete and defective works are recorded. The occupancy permit, condominium ownership, registration of the independent units, common areas, release of the securities and final delivery procedures are completed.
Output of the work: depending on the stage of the file, missing documents and a time-limit calendar, a legal risk assessment, a revised contract/decision text or an application and litigation plan is shared. Technical determinations belong to the competent experts and are monitored together with the legal process.
Preparing for a consultation
You can start with the documents you have. If there is a notification or announcement, assess the time limit without waiting to complete the documents.
Our institutional approach
Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, handles urban transformation files together with their real estate, construction, zoning, administrative and contract law dimensions.
For properties in Antalya, plan notes, permit status, land shares and municipal procedures are reviewed specifically for the file. Services in the 81 provinces of Türkiye are planned according to the jurisdiction rules of the relevant act, on-site examination and the need for representation.
In transactions connected with Türkiye, communication is available in Turkish, English, German and Russian. Online consultation and the flow of documents are coordinated with meetings, contracts, land registry and court proceedings in Türkiye.
The scope of the power of attorney, apostille or certification, translation, service of documents and the enforceability of the decision are assessed separately. If local representation is needed under foreign law, the scope of work with a legal professional authorized in that country is determined separately.
Terms of service
Document review, contract negotiation, owners’ meeting, administrative application and litigation follow-up may be undertaken separately or together. The fee is determined in writing, taking into account the scope and stage of the work and the applicable professional regulations.
Litigation, notary, translation, valuation and technical expert expenses are addressed separately from the attorney’s fee. Exemptions are verified for each act; it is not assumed that all land registry, notary or municipal expenses are automatically waived.
Questions encountered in practice
An authorized applicant may apply to a licensed organization without waiting for a majority decision of the other owners. The position of a co-owner who owns the building on a title deed with land shares where no condominium ownership or servitude of floor ownership has been established is examined separately. Authority to apply and a reconstruction decision are not the same act.
Not every building screening or earthquake performance study is a final risky building determination within the meaning of Law No. 6306. It must be checked under which legislation, by which competent organization and by which procedure the report was prepared.
Not having read it does not by itself prevent the time limit from starting. For a risky building determination, the last day of the neighborhood head’s office announcement; for other acts, their own method of service may be the basis. An e-Devlet information message is distinguished from a notification served to the electronic notification address.
It may, if the valid majority and procedural conditions are met. Not attending the meeting is not the same as the offer being properly notified and the acceptance period running. The call, the minutes, the offer and the sale file are reviewed together.
It does not by itself. The announcement or electronic notification procedures provided by law may apply. The address in Türkiye, the electronic notification record, authority of representation and the notification of the specific act must be checked.
No. Under the February 4, 2026 regulation, after the risky building annotation (şerh) is removed on the basis of the demolition documents, a notation (belirtme) is made that the parcel is within the scope of Law No. 6306; the related implementations continue within the scope of the Law.
The decision conditions of risky building parcels and the conditions of a vacant parcel are not the same. In Implementing Regulation Article 15/8, with Article 7/3 of the Regulation on Zoning in Planned Areas (Planlı Alanlar İmar Yönetmeliği) reserved, the unanimity of all owners is required on a vacant parcel. A separate review is needed for each parcel.
It may be possible under the conditions in Implementing Regulation Article 15/10. In a transfer of development rights, conditions such as all owners being brought into co-ownership on the same parcel (şuyulandırma), the consent of the other owners of the new parcel and the relevant letter from the Directorate are checked.
No. Public rent assistance is based on administrative support conditions; the contractor’s obligation to pay rent or provide temporary housing is based on the contract. The existence of one does not automatically determine the scope of the other. The conditions for using rent assistance and interest support together are also checked against the current program.
The program specific to Istanbul should not be confused with the general supports under Law No. 6306. No commitment of support can be given for a building in Antalya without reviewing the province of the property, the current scope of the program, the permit/eviction date and rights-holder status.
No. The new development capacity, common areas, land shares, technical project, valuation and the allocation in the contract are jointly decisive. Existing actual use or the old square meters may not by themselves create a right to a new independent unit of the same size.
It cannot be said that it prevents every act by itself. The effect of mortgage, attachment, usufruct, injunction and family residence records differs. Rights that continue over the price after a share sale and the new title deed/contract relationship are examined separately.
First the existing contract, the conditions for default and termination, the construction level, title transfers and securities must be determined. The special administrative termination option under Law No. 6306 and the routes under general contract law are assessed without confusing them.
The legal basis of the loss, its proof, the responsible party, the causal link and the contract provisions are examined. A risky building decision or a delay does not mean that every expense claimed will automatically be compensated.
Conservation legislation applies separately. After the risky building determination becomes final, notification is made to the relevant regional conservation board (Koruma Bölge Kurulu) and implementation comes onto the agenda according to the board’s decision. Conservation permits are not considered to have been bypassed by the transformation decision alone.
No. A consultation request is not an administrative application, objection or lawsuit and does not stop legal time limits. The establishment of a representation relationship and the act to be carried out are decided separately.
Topics assessed together
Plans, permits, parcellation, zoning fines and demolition acts.
Incomplete work, defects, delay, termination and contractor disputes.
Management plan, assembly decisions, common areas and large-scale development matters.
Title claims arising from contracts and ownership disputes.
Compensation amount, urgent expropriation, de facto and legal interference.
Joint review of the title, zoning, project and actual situation.
Bases
The sources show the basis for the distinctions between risky building, majority, notification, sale and support. The provisions of Law No. 7566 on the special transformation account and the Presidency’s borrowing have not been interpreted as provisions granting an automatic right of support to an individual owner. This page is for general information; the specific legal assessment is made on the basis of the file.
Legal consultation
On a risky building determination, an owner decision, a share sale or a contract, the scope of work can be determined on the basis of the existing documents, your status as a party and, if any, the notification date.
A brief summary of the matter is sufficient in the first message. The sharing of documents and the conditions of representation are planned at a later stage.
Go to the consultation request pageSubmitting a request does not mean that a representation relationship has been established or that a time-limited act has been undertaken. For information sharing, you can review the explanations in Confidentiality and Information Security.