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in such organizations. Risky buildings may also be designated by the
Ministry or relevant administrative authority.
The owners of the building, initially covering all the expenses,
shall request the detection of the risk from the organizations authorized
by the Ministry. The Ministry may also require that the owners make
such request. The result of the determination shall be notified to the
Ministry or the relevant administrative authority, as well as the land
registry directorate. The report determining the building as a risky
building shall be notified to the beneficiaries of the real and contractu-
al rights according to the Notification Act No. 7201.
Legal Framework Prior to the Amendment of the Regulation
In terms of Law No. 6306, the qualification of the building as a
building under risk may be considered as a milestone; since it limits
the rights of the owners, and has certain crucial consequences. Only a
single risky building determination report may be issued for each
building. Therefore, if the owners wish to avoid that the report
becomes definitive, they should make an objection to the report with-
in 15 days. Said objection shall be examined and decided upon by a
technical committee formed by the officers of the Ministry as well as
academics.
If the objection is rejected, or if no objection is made against the
report, the report shall become conclusive and the demolition process
shall be initiated. The solution privileged by the Law for this process
is the unanimous agreement of the owners. Following the conclusive
report, the administration notifies the owners requesting the demolition
of the risky building, granting a time period not less than 60 days. If
the buildings are not demolished within this period, another notice will
be sent by the administration, stating that where the owners fail to
demolish the building within a time period not less than 30 days, the
building will be demolished by the administration. In case of failure to
comply with the demolition requirement at the end of the additional
period, the risky building shall be demolished by the Ministry or rele-
vant directorate. As is seen, the legislation does not provide the own-
ers of the building with a possibility other than the demolition of the
building, following the conclusive report.
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NEWSLETTER 2014