Urban transformation projects are a key public policy aimed at renewing buildings that are at risk of earthquakes or have reached the end of their economic lifespan. Under Law No. 6306 on the Transformation of Areas Under Disaster Risk, buildings officially designated as “risky structures” may become subject to mandatory evacuation and demolition procedures.
In practice, however, many property owners are uncertain about demolition deadlines, appeal rights, evacuation obligations, and available legal remedies. Understanding both the technical and legal aspects of the process is essential for protecting property rights.
What Is a Risky Building Determination?
A building may be classified as a risky structure if technical inspections reveal that it:
- Is vulnerable to earthquake damage,
- Has a weakened structural system, or
- Faces a significant risk of severe damage or collapse.
These assessments are carried out by licensed institutions. Once the determination becomes final, the administrative authorities may initiate the evacuation and demolition process.
How Does the Demolition Process Begin?
After the risky building report becomes final, the relevant municipality or administrative authority serves an official notification to the property owners.
The notification generally states that:
- The building has been officially designated as risky,
- The property must be evacuated, and
- Demolition must be completed within the specified legal period.
The administration may grant property owners up to 90 days to complete the evacuation and demolition procedures.
How Is the 90-Day Period Calculated?
The granted period covers both:
- Evacating the building, and
- Completing the demolition process.
Notifications may be made through several methods, including:
- Posting the notice on the building,
- Electronic notification through government systems,
- Public announcement at the local administrative office.
In many cases, the fifteenth day following the public announcement is deemed the official date of notification, and the legal deadline begins to run from that date.
Obligations of Property Owners
During the legal period, property owners are generally expected to:
- Vacate the building,
- Terminate electricity, water, and natural gas subscriptions,
- Apply for the necessary demolition permit.
If the required actions are not taken, the administrative authorities may carry out the demolition themselves.
How to Obtain a Demolition Permit
An application must usually be submitted to the municipality.
The required documents commonly include:
- Application petition,
- Title deed records,
- Risky building report,
- Zoning status certificate,
- Documents confirming the termination of utility services,
- Proof of evacuation.
If the legal requirements are satisfied, the municipality may issue the demolition permit.
Is Demolition Mandatory?
Once the risky building determination becomes final, permanently stopping the demolition process is generally not possible.
Law No. 6306 considers the removal of risky structures to be a matter of public safety. However, under certain circumstances, the process may be temporarily suspended, such as:
- Filing a lawsuit against the risky building determination,
- Obtaining a court order for a stay of execution,
- Demonstrating that the building can be technically strengthened rather than demolished.
Can a Risky Building Be Strengthened Instead of Demolished?
In some cases, structural strengthening may be a viable alternative.
This generally requires:
- A technical report confirming that strengthening is feasible,
- The necessary decisions by the property owners,
- Preparation of a strengthening project,
- Approval and permit from the municipality.
If all legal and technical conditions are met, the building may continue to be used after the strengthening work is completed.
Can the Demolition Decision Be Challenged?
Although Law No. 6306 does not establish a separate objection procedure specifically for demolition decisions, administrative actions that violate the law may still be challenged through administrative remedies and court proceedings.
Examples may include:
- Improper notification procedures,
- Actions taken by unauthorized authorities,
- Violations of procedural rights,
- Deficiencies in the technical assessment report.
Challenging the Risky Building Report
Property owners may file a cancellation lawsuit before the Administrative Court against the risky building determination.
In such cases, the court often examines:
- The accuracy of the technical report,
- The methods used for sampling and testing,
- The actual condition of the building,
- Compliance with legal procedures.
If the court grants a stay of execution, the demolition process may be temporarily suspended until the dispute is resolved.
Proper Legal Management Is Essential
The demolition process in urban transformation projects is not merely a technical procedure; it is an administrative process with significant legal consequences.
Property owners should pay particular attention to:
- Official notification deadlines,
- Their right to file legal actions,
- Available strengthening alternatives,
- Their legal obligations throughout the process.
Incorrect risky building assessments or procedural irregularities can lead to substantial losses of rights. For this reason, obtaining professional legal guidance can play a crucial role in protecting property interests and ensuring that the process is conducted in accordance with the law.