Urban transformation projects play a critical role in making cities more resilient against earthquakes and other disaster risks. However, because these projects directly affect property rights and often progress rapidly under mandatory administrative procedures, many property owners are understandably concerned about protecting their legal interests.
One of the most frequently asked questions is: “Can I object to an urban transformation project on my own?”
Under Law No. 6306 on the Transformation of Areas Under Disaster Risk, individual property owners do have certain rights to challenge decisions affecting their property. However, the scope of those rights varies depending on the stage of the process.
This article explains when a single property owner may act independently, where legal limitations apply, and how owners living abroad can effectively protect their interests.
Risky Building Determination: The Main Stage for Individual Objections
The determination that a building is a “risky structure” is the official technical finding that the building has either reached the end of its economic lifespan or poses a significant risk of collapse.
Under Turkish law, this is the primary administrative stage where an individual objection may be filed.
Individual Right to Object
A single property owner may object to a risky building determination even if all other owners agree with the report.
No consent from other owners and no majority vote are required.
Where Should the Objection Be Filed?
Objections must be submitted in writing to the Provincial Directorate of Environment, Urbanization and Climate Change or, where authority has been delegated, to the relevant municipality.
Objection Deadlines: Standard Procedure vs. Emergency Procedure
One of the most important aspects of the process is the applicable objection period.
Under the standard procedure, the objection period is 15 days from the date of notification or from the final day of public announcement.
Under the emergency procedure, which is generally applied to severely damaged or imminently dangerous buildings, the objection period is reduced to 2 days.
Since the earthquakes of February 2023, this accelerated procedure has become more common.
Important Warning
These deadlines are strict and mandatory.
Once the deadline expires, the right to object is lost, the determination becomes final, and demolition procedures may begin.
Grounds for Objection
A risky building determination may be challenged on various legal and technical grounds, including:
- Technical reports that do not accurately reflect the building’s structural condition
- Procedural irregularities in the appointment of experts
- Defects in notification procedures
- The building’s status as a registered cultural or historical property
Who Reviews the Objection?
Objections are examined by a technical review committee established by the Ministry or the Urban Transformation Authority.
These committees generally consist of:
- University-appointed academic experts
- Civil engineers
- Geological engineers
- Geophysical engineers
The committee’s decision is final at the administrative level. Once the objection is rejected, no further administrative appeal is available, and judicial remedies become the only option.
Annulment Lawsuit Before the Administrative Court
If an objection is rejected, or if the owner chooses to seek judicial review directly, an annulment action may be filed before the Administrative Court.
Individual Filing Right
Unlike decisions requiring majority approval among property owners, an annulment lawsuit may be filed by a single property owner seeking to protect their own ownership rights.
No majority approval is required.
Filing Deadline
The lawsuit must generally be filed within 30 days from the date of notification.
This period differs from the standard 60-day administrative litigation period because Law No. 6306 establishes a special procedural framework.
Important Note
Tenants generally do not have standing to challenge risky building determinations.
The right to bring such actions belongs primarily to property owners and certain rights holders.
Strengthening Instead of Demolition
Many property owners are unaware that demolition is not always the only available solution.
If technical assessments demonstrate that the structure can be strengthened, owners may choose reinforcement instead of demolition.
This requires:
- A technical report confirming that strengthening is feasible
- Approval from at least four-fifths (4/5) of the property owners
- Preparation of a strengthening project
- Necessary municipal approvals and permits
Strengthening may be particularly attractive where:
- The building is structurally suitable for reinforcement
- Owners wish to avoid relocation
- Reinforcement costs are lower than reconstruction costs
Demolition and Evacuation Stage
Once the risky building determination becomes final, administrative authorities may begin evacuation and demolition procedures.
At this stage, the law does not provide a separate administrative objection mechanism against demolition itself.
Simply stating that you oppose demolition will not stop the process.
The most effective legal remedy is to file an annulment action and request a stay of execution.
Without a court-issued stay of execution, demolition proceedings generally continue despite ongoing litigation.
Joint Decision Protocol and Majority Rule
One of the most significant changes in Turkish urban transformation law occurred with the adoption of Law No. 7471 in November 2023.
Previously, transformation decisions required approval from owners representing at least two-thirds (2/3) of the ownership shares.
The new legislation reduced this threshold to a simple majority of ownership shares.
What Does “Simple Majority” Mean?
The calculation is based on ownership shares rather than the number of owners.
As a result, even if a numerical majority of owners oppose the project, the decision may still be valid if the supporting owners hold more than half of the total ownership shares.
Position of Minority Owners
Once the required majority is achieved, the majority gains authority to:
- Select contractors
- Approve project terms
- Execute urban transformation agreements
A single dissenting owner cannot prevent the project from moving forward.
Sale of Minority Shares
If a minority owner refuses to participate in the approved project, their ownership share may be valued by the Urban Transformation Authority and sold through a statutory auction process to the participating owners.
Guidance for Property Owners Living Abroad
Property owners residing outside Türkiye face particular challenges because many deadlines are extremely short.
A 2-day or 15-day objection period can easily be missed by someone living overseas.
For this reason, owners abroad often authorize Turkish attorneys to:
- File objections against risky building determinations
- Initiate annulment lawsuits
- Request stays of execution
- Negotiate contractor agreements
- Monitor the entire transformation process
A power of attorney may be issued through a Turkish consulate or through a notarized document with apostille certification.
As a practical precaution, property owners living abroad should consider granting legal representation before any transformation process begins to ensure that notifications and deadlines are properly monitored.
Conclusion
Urban transformation proceedings involve a complex combination of technical assessments, administrative decisions, and property rights.
In summary:
- A single property owner may object to a risky building determination (15 days in standard procedures, 2 days in emergency procedures)
- If the objection is rejected, an annulment lawsuit may generally be filed within 30 days
- Strengthening may be an alternative to demolition if approved by four-fifths of the owners
- At the joint decision stage, a single owner’s objection cannot override a valid majority decision
Because ownership rights can be significantly affected by majority decisions, valuation procedures, and mandatory deadlines, obtaining professional legal guidance at an early stage is often the most effective way to protect your interests throughout the urban transformation process.
F.A.Q.
Can a single property owner object to an urban transformation project?
Yes. A property owner may individually object to a risky building determination without obtaining the consent of the other owners. This right is granted personally to each owner under the applicable legislation.
What is the deadline for objecting to a risky building determination?
Under the standard procedure, the objection period is 15 days. However, in urgent procedures conducted under Article 6/A of Law No. 6306, this period may be reduced to as little as 2 days. These deadlines are strict and missing them may result in the loss of objection rights.
Can I file a lawsuit if my objection is rejected?
Yes. If your objection to the risky building determination is rejected, or if you prefer to seek judicial review directly, you may file an annulment lawsuit before the Administrative Court on your own.
Is strengthening the building possible instead of demolition?
If the building is technically suitable for strengthening, demolition may be avoided with the written approval of at least four-fifths (4/5) of the property owners. In such cases, a strengthening project can be implemented instead of reconstruction.
How can property owners living abroad manage the urban transformation process?
Property owners residing abroad may appoint a lawyer in Turkey through a power of attorney. Their lawyer can submit objections, file lawsuits, review contractor agreements, and manage all legal aspects of the process on their behalf.