LEXIST

Earthquake Resistance Test and Sanctions to be Applied to Risky Buildings

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  1. General

Within the scope of the earthquake resistance test, the core and parts of the building are taken and examined to determine the general condition of the building related to the carrier system or foundations and ground analysis. By measuring the diameter and quantity of the iron in the building column, a 3D model of the structure is drawn with the help of a computer, the effects of the earthquake are loaded on the building structure and a durability test is carried out, and thereafter the earthquake resistance report of the building is prepared.

Earthquake resistance test can be done in three ways:

  • Making an application within the scope of the urban transformation law by any of the owners from Ministry-approved companies, non-governmental organizations operating in areas such as earthquake protection, reduction of earthquake damage and contribution to the development of earthquake engineering, building inspection organizations and laboratory organizations and institutions, and organizations that provide architectural and engineering services with offices registered in accordance with the Union of Chambers of Turkish Engineers and Architects Law numbered 6235 dated 27/1/1954,

The application within this scope has sanctions for eviction and demolition if the building turns out to be risky.

  • Making an application to private companies , for earthquake resistance testing for information purposes,

The application within this scope does not have any sanction if the building turns out to be risky and is for information purposes only.

  • Making an application to municipalities for the fast scanning method.

Applications within this scope can be made by the tenant himself. The report, which is prepared as a result of a superficial on-site inspection without taking samples from the building, does not cover a detailed examination, and there is no sanction if the building turns out to be risky.

  1. Earthquake Resistance Test Application

The application to be made by one or more of the owners, from Ministry-approved companies, non-governmental organizations operating in areas such as earthquake protection, reduction of earthquake damage and contribution to the development of earthquake engineering, building inspection organizations and laboratory organizations and institutions, and organizations that provide architectural and engineering services with offices registered in accordance with the Union of Chambers of Turkish Engineers and Architects Law numbered 6235 dated 27/1/1954, can only be made by building owners. Holders of limited real rights (right of habitation, right of usufruct, etc.) and tenants cannot apply for an earthquake resistance test.

Article 3 of Law No. 6306 on Transformation of Areas Under Disaster Risk (“Law”) titled “Detection, conveyancing of real estate and registration” states;

The detection of risky buildings is made by institutions and organizations licensed by the Ministry, primarily by the owners or their legal representatives, at their own expense, within the framework of the procedures and principles determined in the regulation to be prepared by the Ministry and the result is reported to the Ministry or the Administration…”

  1. Status of the Risky Building as a Result of Earthquake Resistance Test, Eviction and Demolition of the Risky Building

  1. Annotation of the Risky Building to the Land Registry

If the building is found to be risky, the relevant land registry directorate will be notified by the Ministry or Administration, to be specified in the declarations section of the land registry, within ten working days at the latest from the date of determination. The risky nature of the building will be annotated in the declarations section of the land registry by the land registry directorate.

The second paragraph of Article 2 of the Law titled “Detection, conveyancing of real estate and registration” states;

The relevant land registry directorate is notified of the risky buildings by the Ministry or the Administration within ten working days at the latest from the date of determination, to be stated in the declarations section of the land registry. The owners of real and personal rights are informed by the relevant land registry about the indications entered in the land registry.”

  1. Eviction and Demolition of Buildings

Evictions and the demolition of a risky building is regulated in Article 5 of the Law titled “Eviction and demolition”.

In accordance with the aforementioned article;

  • First of all, by making an agreement with the owners; Temporary housing or workplace allocation or rental assistance may be provided to the owners and tenants of the buildings evacuated by agreement and to the holders of limited real rights, provided that they reside in the building. Temporary housing or workplace allocation or rental assistance may also be provided to persons other than those listed, who are using the building within the scope of the Law.

  • Before starting the implementation, the owners of these buildings will be given a period of no less than sixty days for the demolition of risky buildings.If the building is not demolished by the owner within this period, the administrative authorities will state that the building will be demolished and a notice will be given with another deadline. If the owner chooses not to demolish it within this given period, and to remove people and goods from these buildings, the cost of demolition and other necessary aid and credits will be made by the local authorities with the participation of the local administrations, to be paid primarily from the special account of the transformation projects.

 
  • The Ministry will notify the Administration in writing to demolish the risky buildings that have not been demolished in due time. Nevertheless, the buildings that are not demolished will be demolished by the Ministry. The expenses for the identification, eviction and demolishing of risky buildings incurred by the Ministry or the Administration will be collected from the owners in proportion to their shares according to Law No. 6183 on the Procedure for Collection of Public Receivables.

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