The Risk Assessment Process And Legal Consequences Following The Amendment To The Regulation On The Implementation Of Law No. 6306

I. INTRODUCTION

Law No. 6306 on the Transformation of Areas Under Disaster Risk (“Law No. 6306” or “Law”) and the provisions of the Implementing Regulation of Law No. 6306 (the “Regulation”) establish the procedures and principles for improvement, clearance, and renewal of land and real estate in disaster-prone areas and other areas with risky structures, with the aim of creating healthy and safe living environments in accordance with technical and artistic standards.

Significant amendments were made to the Regulation on the Implementation of Law No. 6306 on the Transformation of Areas at Risk of Disaster, published in the Official Gazette dated 04.02.2026 and numbered 33158 (“Regulation Amendment dated 04.02.2026”) introduced significant changes to the Regulation. These changes bring innovations in many areas, such as the identification of risky structures and post-demolition processes, stakeholder meetings and decision-making procedures, share sale procedures under the Regulation, and guarantee regulations.

This study examines the concept of hazardous structures, applications for hazardous structure identification, objection processes, and the legal consequences of finalized identifications, as well as the new regulations introduced by the amendment.

II. THE CONCEPT AND ELEMENTS OF A RISKY STRUCTURE

Pursuant to Article 2(d) of Law No. 6306, entitled “Definitions,” a risky structure refers to a structure that has reached the end of its economic life or is determined, based on scientific and technical data, to be at risk of collapse or severe damage, regardless of whether it is located within or outside a risky area.

Based on the wording of the legislation, for a structure to be classified as risky, regardless of the disaster risk in the location where the structure is located, it must be determined based on technical and scientific data, taking into account its current condition, such as the dysfunction of its columns, concrete quality, and damage status, and technical reports must confirm that it is at risk of collapse or severe damage.

III. RISK STRUCTURE DETERMINATION, DETERMINATION APPLICATION PROCEDURE, AND AUTHORITY 

Under Law No. 6306, hazardous structures are identified in accordance with the principles set out in Annex 2 of the Regulation Amendment dated 04.02.2026 and using electronic software developed or specified by the Urban Transformation Presidency (“Presidency”).

The hazardous building identification process is generally initiated by the building owners or their legal representatives. Additionally, the Ministry of Environment, Urbanization, and Climate Change (“Ministry”) has the authority to conduct hazardous building identification on its own initiative. 

In this context;

• Individual Application Right: Regardless of whether condominium ownership or condominium easement has been established on the building, the hazardous building identification process can be initiated by the application of only one of the owners. In practice and established case law, it is accepted that the consent of the other owners is not required for the hazardous building identification application and that the request of a single owner is sufficient.

Requests for the identification of hazardous structures are made through an electronic software system. The application may be submitted by the owner of the structure or one of the co-owners, or by an attorney if the owner has granted power of attorney certified by a notary public, or by the manager or chairman of the board of directors of the structure.

• Ex Officio Identification Authority: The Ministry or Administration may request the owners to have the identification carried out within a specified period, and if it is not carried out within that period, it has the authority to carry out or have the identification carried out ex officio.

Determination procedures may be carried out through institutions and organizations licensed by the Ministry, such as universities and building inspection companies.

The report prepared by licensed institutions indicating that the structure is risky is reviewed by the relevant Urban Transformation Directorate (“Directorate“) and, if no deficiencies are found, a note is entered in the declarations section of the land registry.

If the hazardous building determination is deemed appropriate, a notification is first made to the land registry, then the Annex 6 record specified in the Regulation is prepared and posted on the building, the owners are notified via e-Government, and it is announced at the local council office for 15 days. On the last day of the announcement at the local council office, it is deemed to have been notified to the owners of real and personal rights. Hazardous structures are also announced on the Presidency’s website for 15 days.

Objections to the identification of a structure as risky may be submitted to the Directorate, or to the Administration if authority has been delegated, by petition within 15 days from the last day of the announcement at the village office. Objections not submitted within the deadline, or objections not submitted by heirs if the owner has passed away, will not be processed.

If the objection is rejected or accepted, the decision is notified to the owners and rights holders in the same manner; if the objection is accepted, the decision and records regarding the structure as a hazardous structure are canceled, and if the objection is rejected, the determination of the structure as hazardous becomes final. 

IV. FINALIZATION OF THE RISKY STRUCTURE DECISION AND LEGAL CONSEQUENCES

With the finalization of the hazardous building determination, the demolition and eviction processes regulated in Articles 5 et seq. of Law No. 6306 come into effect. The main legal consequences arising during the demolition phase are as follows:

• Evacuation and Demolition: Pursuant to Article 5, Paragraph 3 of Law No. 6306, the administration gives the owners a period of no more than 90 days to evacuate and demolish the structure. If demolition does not take place within this period, demolition operations are carried out or arranged by the local authorities with the participation of the local administrations.
• Suspension of Services: Law No. 6306 provides for the suspension of electricity, water, and natural gas services to hazardous buildings in order to accelerate the evacuation and demolition process and ensure safety.
• Change in Title Type: With the demolition process, the condominium ownership or condominium easement on the building automatically ends, and the property acquires the status of land. After this stage, the rights of the owners continue in accordance with the provisions of shared ownership in proportion to their land shares. 

An important innovation was introduced with the Regulation Amendment dated 04.02.2026: When the risky structure annotation is removed after demolition, a statement is made in the declarations section of the title deed indicating that it is covered by Law No. 6306, and the work and transactions on the parcel are carried out within the scope of the Law.

This amendment aims to end the debate over whether the immovable property falls outside the scope of Law No. 6306 after demolition. Thus, the process continues under Law No. 6306 even at the land stage. Under the previous regulation, when the hazardous structure annotation was removed from the title deed after demolition, there was uncertainty as to whether the parcel fell outside the scope of Law No. 6306. With the new regulation, it is clearly recorded that the parcel remains within the scope of Law No. 6306 even as a plot of land. 

• Reinforcement Exception: Although demolition is the main provision of Law No. 6306, it is also possible to reinforce the structure if it is technically feasible and the unit owners decide by a 4/5 majority. However, this process must be completed within the time limits specified in the Law.

V. DECISION-MAKING AND MEETING PROCEDURES IN THE POST-DEMOLITION RECONSTRUCTION PROCESS

In the application of Law No. 6306, the process of determining new applications such as rebuilding, share sales, floor-for-floor exchanges, etc. on the immovable property that becomes land after the demolition of the building has been made more transparent and subject to procedural rules with the Regulation Amendment dated 04.02.2026. Under the new regulation, a specific meeting procedure must be followed before decisions can be made by a simple majority.

First, for new applications to be made on building plots, all owners must be called to a meeting at the request of at least one of the owners.

The meeting place and time are announced using the form in the annex to the Regulation (ANNEX-12) and posted at the relevant village office or, if the building has not yet been demolished, on the building door/notice board for 15 days, or notified to the owners through a notary public.

In notifications made by way of announcement, the meeting place and time are deemed to have been notified to all stakeholders on the last day of the announcement.

The meeting shall be held with at least a simple majority of stakeholders in proportion to their shares, and decisions shall be taken by a simple majority of stakeholders again in proportion to their shares. The decision taken shall be signed by the parties and recorded in the minutes. This regulation has eliminated the uncertainties in the previous practice, increased legal certainty by making it mandatory to hold a stakeholder meeting, inform all owners, and record the process in the minutes.

The proposal containing the decision taken by a simple majority and the terms of the agreement is notified to the owners who did not participate in the decision or did not attend the meeting by means of a notary public or by posting it at the village headman’s office for 15 days using the form (ANNEX-8) in risky buildings, and the notification is made to the owners who have provided an electronic notification address through this address.

VI. INNOVATIONS IN THE BUILDING PERMIT AND SHARE SALE PROCESS

The Regulation Amendment dated 04.02.2026 has introduced a new control mechanism to protect the rights of minority owners in the implementation of decisions taken by a simple majority and in the building permit acquisition stage.

1. New Documents Added to Application Documents

While in the old practice, permit processes could be advanced directly with a simple majority decision, under the new regulation, two prerequisites must be met before applying for a building permit:

• The decision and proposal must have been duly notified to the owners who did not participate in the decision,
• An application must have been submitted to the Directorate or Administration for the sale of these owners’ shares in accordance with Article 15/A of the Law.

The building permit cannot be issued until the Directorate sends a letter to the relevant municipality confirming that the preliminary review of the sale file has been completed and that all notifications have been made.

2. Requirement for Meeting Minutes in the Sale File Pursuant to Article 15/A of the Law 

Documents required to be submitted for share sale applications under Article 15/A of the Law now include documents confirming that the owners were invited to the meeting and the minutes of the meeting. Thus, it has become mandatory for those requesting the sale to document that they have conducted a proper meeting and negotiation process beforehand.

3. E-Government Notification for Repeated Sales 

If the share cannot be sold in the first sale, the location and time of subsequent sales will be determined by the Directorate and announced using the form (ANNEX-13), and all owners will be notified via the e-Government portal.

VII. FINANCIAL AND TECHNICAL REGULATIONS: EXEMPTIONS AND GUARANTEES

In order to facilitate the conversion process from a financial and technical perspective, the scope of fee exemptions and guarantee rates has been expanded in the Regulation.

1. Fee Exemption in the Transfer of Development Rights

With the new regulation, it is ensured that exemptions from land registry fees and charges are also granted in cases where the development rights of a risky parcel are transferred to another parcel through development rights transfer, in addition to the consolidation of the parcel containing the risky structure with vacant parcels.

The exemption will be applied in proportion to the area of the parcel where the risky structure is located relative to the area of the new parcel. This change also encourages the transfer of rights to other parcels in cases where on-site conversion is not possible.

2. Revision of Guarantee Rates 

According to the provision regulated as temporary Article 5 of the Regulation, starting from January 1, 2024, the guarantees provided by contractors within the scope of building permits issued can be rearranged according to the 6% rate determined by the previous amendment to the Regulation, upon request. This provision allows contractors to adapt their guarantee obligations to current legislation in ongoing projects.

VIII. CONCLUSION AND EVALUATION

Law No. 6306 is a special regulation that prioritizes public interest and life safety in the transformation of buildings at risk of disaster and provides for significant powers and restrictions on private property. The identification of risky buildings is an executive process that can be initiated even by the will of a single owner and, once finalized, changes the nature of property rights.

In this context, it is of utmost importance to comply with the time limits and procedural requirements stipulated in Law No. 6306 and the Regulation to avoid any loss of rights in the objection processes that will be implemented against both the identification application and the notified reports.

The Regulation Amendment dated February 4, 2026 aims to eliminate the legal uncertainties that have long been debated in the application of the Law and to accelerate the process. In particular:

• The debate over whether a parcel remains subject to the Law after demolition can be resolved by noting “under Law No. 6306” in the land registry record.
• The requirement for a stakeholder meeting and the majority decision procedure have been clarified, and the rights of minority shareholders have been linked to procedural safeguards. 
• The amendments to Article 15/A of the Law aim to make the process more transparent by making meeting documents mandatory during the share sale process. 
• The extension of the land registry exemption to include the transfer of development rights may provide flexibility in transformation projects.

The amendments could both increase legal certainty and accelerate procedures in urban transformation projects carried out under the Law.