Risky building determinations made under Türkiye’s urban transformation regulations can have a direct impact on property ownership rights. For this reason, these decisions must be subject to both technical and legal scrutiny. In practice, property owners often face inaccurate or incomplete assessments, and the law provides the right to challenge such determinations before the administrative courts.
What Is a Risky Building Determination?
A risky building is a structure that has reached the end of its economic life or is considered to be at risk of collapse or severe structural damage based on a technical assessment report.
These reports are prepared by licensed institutions and approved by the relevant administrative authorities. However, not every assessment is necessarily consistent with legal requirements or scientific standards.
Who Has the Right to File a Cancellation Lawsuit?
The right to challenge a risky building determination generally belongs to:
- Property owners
- Condominium unit owners
- Holders of real property rights
In buildings subject to condominium ownership, each owner may file a lawsuit concerning their own independent unit.
Deadline for Filing a Lawsuit
The legal deadline for challenging a risky building determination is very short.
A cancellation lawsuit must generally be filed within 15 days from the date of official notification.
This is a strict legal deadline. If it is missed, the right to file a lawsuit may be lost. In practice, overlooking this time limit is one of the most common mistakes made by property owners.
Grounds for Challenging a Risky Building Decision
A risky building determination may be challenged for several reasons, including:
- Inadequate or inaccurate technical reports
- Procedural errors during sampling or testing
- Reports prepared by unauthorized institutions or individuals
- Assessments that do not reflect the actual condition of the building
- Violations of procedural rights, including the right to be heard
Administrative courts often appoint independent technical experts to determine whether the building is genuinely at risk.
Competent Court
The competent court for these cases is the Administrative Court, and jurisdiction generally belongs to the court where the property is located.
What Happens During the Legal Process?
After the lawsuit is filed, the process generally follows these stages:
- Initial review of the case file by the court
- Application for a stay of execution, if requested
- Appointment of technical experts
- Submission of statements and evidence by the parties
- Final court decision
If the court grants a stay of execution, demolition or other administrative actions may be temporarily suspended until the case is resolved.
Why Is a Stay of Execution So Important?
Administrative authorities may initiate demolition procedures based on a risky building determination.
For this reason, requesting a stay of execution together with the cancellation lawsuit is often essential to prevent irreparable damage and protect property rights during the legal process.
Protect Your Rights by Acting Promptly
A risky building determination is not merely a technical assessment—it is an administrative decision with significant legal consequences.
Property owners should therefore:
- Carefully monitor official notifications
- Avoid missing legal deadlines
- Have the technical report independently reviewed
- Seek professional legal assistance when necessary
An incorrect risky building determination can result in serious and irreversible consequences. However, with timely and properly managed legal action, it is possible to challenge and cancel unlawful administrative decisions.