Risky Building Process
Upon the application of one of the owners or his/her legal representative, a building assessment is made and no majority is required. A photocopy of the title deed and identity document is required for the application.
Buildings Determined to be Risky
As a result of the determinations made, the buildings determined to be risky are notified to the Provincial Directorate of Environment and Urbanization by those who make the determination. The Directorate examines the reports, and if there is no deficiency or error in the reports, the reports are notified to the relevant land registry office.
Sending Notices to Beneficiaries
The relevant Land Registry Directorate shall notify the owners of real and personal rights by stating that the notifications entered in the Land Registry shall be notified to the owners of real and personal rights by stating that an objection can be made to the Provincial Directorate of Environment and Urbanization with a petition within 15 days from the date of notification against the determination of risky building, otherwise the building must be demolished within the period determined by the Administration not less than 60 days from the date of notification, and this notification shall be notified to the Provincial Directorate of Environment and Urbanization.
Objection to the Building Determined to be Risky
Riskli Yapı Tespitine karşı malikler veya kanuni temsilcilerince 15 gün içinde riskli yapının bulunduğu yerdeki Çevre ve Şehircilik Müdürlüğü’ne dilekçe ile itiraz edilir. İtirazları inceleyecek olan teknik heyet, Riskli yapı tespitini inceler ve sonucu Tapu Müdürlüğü’ne bildirilir.
Riskli Olduğu Tespit Edilen Yapının Yıkımı
The owners of the immovables registered in the Land Registry as Risky Structures are given a period of not less than 60 days and are asked to demolish the Risky Structures.
Demolition Process and Control of Risky Buildings
The Provincial Directorate of Environment and Urbanization shall check whether the risky structures have been demolished by the owners within the 60-day period and if the risky structure has not been demolished by the owner, an additional period of not less than 30 days shall be given, stating that the structure will be demolished by the administrative authorities. In the event that the risky structures are not demolished by the owners at the end of this period, the evacuation of the risky structures from people and goods and demolition procedures are carried out or made to be carried out by the local authorities with the participation of local administrations.
After Demolition
Upon the request of the manager or auditor or 3/1 of the condominium owners, the board of condominium owners shall be called to a meeting with a notification to be made through a notary public. In the event that all owners fail to reach a unanimous agreement on the practices to be carried out at this meeting, firstly, the value of the risky building shall be determined by licensed valuation institutions registered with the Capital Markets Board. In case no agreement is reached, the application to be implemented shall be decided by at least two-thirds majority of the shareholders in proportion to their shares. This decision shall be recorded in the minutes and signed by all condominium owners present at the meeting.
The decision taken with at least two-thirds majority shall be notified to those who disagree with the decision and to those who did not attend the meeting of the board of condominium owners through a notary public. In this notification, it is notified that if this decision is not accepted within 15 days, the shares related to the independent sections will be sold by auction to other stakeholders who have reached an agreement not less than the fair value to be determined by the CMB Licensed Valuation Company, and if the sale to the stakeholders cannot be realized in this way, these shares will be registered in the name of the Treasury in the title deed, provided that the fair value is paid by the Ministry.
Achieving the Required Majority
Decisions to be taken with at least two-thirds majority and the terms of the agreement are notified to the Provincial Directorate of Environment and Urbanization. The land shares related to the independent sections of the owners who do not participate in the agreement are sold to other stakeholders who have reached an agreement over the land share value determined by CMB Licensed Valuation Companies by auction procedure. If the sale to the stakeholders cannot be realized, these shares shall be registered ex officio in the name of the Treasury in the title deed upon the request of the Ministry, provided that the determined fair value is paid by the Ministry, and shall be deemed to be allocated to the Ministry to be utilized within the framework of the agreement made.
