06.ANA METIN ingilizce.18

Reinforcement of Risky Buildings under Law No. 6306

Att. Suleyman Sevinc

The Law on the Transformation of Areas at Risk of Natural

Disaster (“the Law”), which has recently been in the realm of public

debate, regulates the demolition and transformation of buildings with-

in risky areas and reserve areas, as well as risky buildings themselves.

Since the entry into force of the Law, the main method adopted by the

Law and the Regulation on the Application of Law No. 6306 (“the

Regulation”) to transform these buildings was demolition. However,

this method may give rise to violations of individual rights, notably

property rights. With the amendment of the Regulation made on

25.07.2014

, the owners are now entitled to adopt a decision concern-

ing the renovation and reinforcement of the building, as an alternative

to demolition.

The Determination of a Risky Building

Risky buildings are defined under Article 1 of the Law as follows:

“

Buildings whose economical life has expired, within or outside of a

risky area, whose risk of demolition or heavy damage is determined by

scientific and technical proofs

”. The authority to consider a building as

a risky building is granted to certain organizations by the Ministry of

Environment and Urbanization (“Ministry”). These organizations are

specified and detailed under the Regulation, as well as the conditions

to be considered for engineers and academics who are allowed to work

MISCELLANEOUS

389

Article of August 2014

For the Regulation Regarding the Amendment of Regulation on Application of the Law on the

Transformation of Areas at Risk of Natural Disaster:

2014/07/20140725.htm&main