One of the most frequently asked questions in the urban transformation process is when and how
homes in a building identified as a risky structure must be evacuated. In particular, owners, tenants
and holders of limited rights in rem may suffer serious losses of rights if they act without knowing
their legal rights. For this reason, evacuation in urban transformation is not merely a physical
relocation issue; it is also an important legal process in which statutory and administrative deadlines
must be followed carefully.
How Does the Evacuation Process Begin in Urban Transformation?
The evacuation process in urban transformation generally begins when a building is identified as a
“risky structure.” A risky-structure assessment may be commissioned by one of the owners or their
legal representative from institutions and organizations licensed by the Urban Transformation
Directorate.
Once the risky-structure assessment report is examined and approved by the relevant authority, an
annotation stating that the property is a “risky structure” is entered in the land registry records. From
that point onward, the process is no longer dependent solely on decisions taken among the owners;
an urban transformation procedure with administrative and legal consequences has formally begun.
Notification of the Risky-Structure Assessment
Notification of the risky-structure assessment is not limited to an ordinary notice sent to the owners
by post. Under current practice, the record concerning the risky-structure assessment is posted on
the building, the owners are notified through the e-Government system, and an announcement is
made at the relevant neighborhood headman’s office.
These announcements and notifications are extremely important because the period for objecting to
the risky-structure assessment starts to run from the final day of the announcement at the
neighborhood headman’s office. Owners or their legal representatives may object to the assessment
within the applicable period. If the deadline is missed, the risky-structure determination becomes final
and the process moves to the evacuation and demolition stage.
Time Limit for Objecting to a Risky-Structure Assessment
The objection period against a risky-structure assessment is 15 days. This period begins on the final
day of the announcement made at the neighborhood headman’s office. The objection is submitted by
petition to the Urban Transformation Directorate where the building is located, or to the relevant
authority if the relevant powers have been delegated.
Following an objection, the file is reviewed by a technical committee. The committee assesses the
risky-structure report from technical and legal perspectives. If the objection is rejected, the risky-
structure determination becomes final. If the objection is accepted, removal of the risky-structure
annotation may become possible.
For this reason, owners who believe that a risky-structure report is incorrect should obtain technical
and legal assistance and submit their objection within the prescribed period.
Time Granted for Evacuation
Once the risky-structure determination becomes final, the building must be evacuated and prepared
for demolition. Owners and persons residing in a risky structure may be granted a period not
exceeding ninety days to evacuate and demolish the building.
During this period, the building must be vacated, subscriptions such as electricity, water and natural
gas should be terminated, any debts relating to the property should be checked, and the demolition-
permit procedures should be completed.
3English Translation of Legal Articles
The most important point to bear in mind is that evacuation is not merely a decision taken among the
owners. Once the risky-structure determination becomes final, the evacuation and demolition
procedure is monitored by the administrative authorities for reasons of public and life safety.
Do Tenants Have to Vacate a Home During Urban Transformation?
Tenants living in a building identified as a risky structure are also affected by the evacuation process.
Once the building’s risky status becomes final, a tenant cannot continue to remain in the building
indefinitely merely by relying on the lease agreement.
Even if the lease agreement is still in force, evacuation and demolition procedures may proceed
because the structure has been determined to be risky. The tenant must therefore also vacate the
building. However, the fact that a tenant must leave does not mean that the tenant has no rights.
Tenants residing in a risky structure may apply for rental assistance if the applicable conditions are
satisfied. The tenant must be able to document that they were residing in the structure on the date on
which the building identification number for the risky structure was issued and that they subsequently
vacated the property. For this reason, tenants should carefully preserve and prepare their previous
and new address records, relocation documents and other documents required for the application.
Can Owners Receive Rental Assistance During Urban Transformation?
Owners of independent units in a risky structure may also be entitled to rental assistance. Owners
may apply by submitting the required documentation for residences or workplaces located in the risky
structure. The rental-assistance application must be made within the applicable period following the
date on which the risky structure is evacuated or demolished.
One of the most common mistakes is failing to submit the rental-assistance application after
evacuation has taken place. Missing the application deadline may result in loss of entitlement.
Owners should therefore follow the evacuation and demolition process not only through the
contractor or building management, but also with legal advice where appropriate.
What Happens If a Risky Structure Is Not Evacuated?
If a risky structure is not evacuated within the period granted and the owners do not carry out the
demolition, compulsory evacuation and demolition procedures may be initiated by the authorities.
In such a case, the evacuation of persons and belongings from the building may be carried out in
coordination between the relevant administrative authority and the local administrative authority.
Where necessary, locked or closed areas may be opened and evacuation may be carried out with
the assistance of law-enforcement officers.
In addition, the costs of evacuation and demolition incurred by the administration may be recovered
from the owners in proportion to their shares. Delaying the evacuation process may therefore lead
not only to factual delay but also to additional financial liabilities for the owners.
Can Evacuation Be Stopped If the Owners Disagree During Urban Transformation?
It is common for all owners not to share the same view during an urban transformation process.
Some owners may accept the agreement concluded with the contractor, while others may consider
the contractual terms unfair. However, once the risky-structure determination has become final,
evacuation and demolition are not dependent on the unanimous consent of all owners.
Disputes may arise among owners concerning land shares, allocation of new independent units,
value differences, loss of square meters, selection of the contractor or contractual terms. These
disputes may separately be brought before the competent legal authorities. Nevertheless, if the
building’s risky-structure status has become final, evacuation and demolition may continue on life-
safety grounds. For this reason, rather than focusing only on “opposing evacuation,” owners should obtain timely
legal assistance on the issues where the real loss of rights may occur, including the construction
agreement, allocation of units, valuation and land-share arrangements.
Matters to Consider During the Evacuation Process in Urban Transformation
The principal matters that should be considered during the home-evacuation process in urban
transformation include the following:
The accuracy of the risky-structure assessment report should be reviewed.
Announcements at the neighborhood headman’s office and e-Government notifications should be
monitored.
If an objection will be made to the risky-structure assessment, the 15-day period should not be
missed.
The conditions for rental-assistance applications by tenants and owners should be assessed.
The evacuation date, new address details and relocation documents should be preserved.
The agreement to be concluded with the contractor should be reviewed in terms of land shares,
square meters, delivery date, contractual penalties and security.
The rights of minority owners concerning sale of their shares, participation in the agreement and
objections should be assessed separately.
It should be remembered that administrative evacuation and demolition costs may be charged to
the owners if the process is delayed.
Why Is Legal Assistance Important in Urban Transformation?
Urban transformation consists of many stages, including risky-structure assessment, objections,
evacuation, rental assistance, the agreement with the contractor, allocation of land shares, sale of
shares and demolition procedures. A mistake at any one of these stages may cause serious loss of
rights for an owner or tenant.
In particular, agreements with contractors should be carefully reviewed in relation to delivery dates,
delay penalties, security, allocation of independent units, square-meter differences, value differences,
common areas and title-transfer provisions. Otherwise, disputes that continue for many years after
evacuation may arise.
Obtaining legal advice before the evacuation phase begins is therefore highly important for protecting
the rights of both owners and tenants.
Conclusion
The home-evacuation process in urban transformation accelerates once the risky-structure
determination becomes final and requires careful attention to deadlines. Owners, tenants and other
right holders should act consciously in relation to the risky-structure assessment, objection period,
evacuation notice, rental assistance and demolition procedures.
Persons facing evacuation because of a risky structure may benefit from following the process
through a lawyer experienced in real estate law in order to avoid loss of rights.
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