What Does Building Demolition Mean Legally?

The demolition of a building is not only considered as a physical collapse, but also as an event that has serious legal consequences. This demolition may have occurred as a result of a natural disaster (e.g. earthquake, flood) or may be due to reasons such as structural defects, lack of inspection, zoning violations. On the other hand, demolition decisions taken within the scope of urban transformation are also part of a planned process.

The Turkish Code of Obligations and the Turkish Penal Code clearly regulate responsibilities arising from building safety. Damages that occur after demolition can be attributed to persons and institutions that are negligent. Therefore, why the building collapsed and which processes were neglected are carefully examined.

Major Factors Causing Building Demolitions in Antalya

There may be different reasons behind the building demolitions in Antalya:

  • Earthquakes and natural disasters: Although Antalya is not an active earthquake zone, tremors of noticeable intensity are experienced from time to time, and this poses a risk, especially for older buildings.

  • Zoning pollution and unlicensed buildings: Illegal construction, unlicensed floor construction or construction practices contrary to the license threaten building safety.

  • Demolition decisions taken within the scope of urban transformation: Demolition decisions made by the Municipality or the Provincial Directorate of Environment, Urbanization and Climate Change based on the risky building report are also included in this process.

Who is Responsible for a Collapsed Building?

In the event of a collapse or forced demolition of a building in Antalya, responsibility may be distributed among different persons and institutions:

  • Contractor: The person or company that constructs the building is primarily responsible for the safety of the structure. They are directly held responsible for reasons such as poor quality materials and manufacturing contrary to the project.

  • Building inspection companies: These companies, which are responsible for inspecting the construction process, are liable for compensation and penalties if they do not carry out adequate inspections.

  • Municipality and administration: Administrative institutions that issue permits and supervise zoning plans are also held responsible. In particular, if the risky building is not identified in a timely manner or if the demolition decision is taken too late, the public administration can be sued.

Rights of Victims of Collapsed Buildings in Antalya

There are various legal rights for people who become homeless, suffer material damage or loss of life as a result of a building demolition:

  • Compensation lawsuit: A lawsuit can be filed against those responsible for both material and moral damages.

  • Criminal investigation: Acts such as negligence, forging documents, and stealing materials may be subject to criminal investigation.

  • Right to shelter: The state may provide temporary housing, rental assistance or moving support to the victimized persons.

Types of Lawsuits That Can Be Filed After Demolition

After the demolition, victims can seek rights through the following types of lawsuits:

  • Compensation lawsuit: Filed against the contractor, building inspection company or public institution.

  • Criminal case: It is carried out by the prosecutor's office on behalf of the public; the process is initiated with a criminal complaint.

  • Full jurisdiction lawsuit: Filed against the administration's service defect. Antalya Administrative Courts have jurisdiction on this matter.

Legal Rights and Obligations in the Urban Transformation Process

If the demolition will be carried out in a planned manner within the scope of urban transformation:

  • Approval of two-thirds of the property owners is required. Minority owners have the right to object to the decision.

  • The period for objecting to the demolition decision is 15 days. An application can be made to the administration within this period.

  • A contract must be made for the sharing of the new building. The shareholders' rights to the new flats must be determined in writing.

Insurance and Damage Compensation for Collapsed Buildings in Antalya

Compulsory Earthquake Insurance (DASK) provides basic coverage for earthquake-related destruction. However:

  • Only damages to the body of the building are covered. Additional home insurance is required for household goods and other movables.

  • If the insurance company does not pay, it is possible to apply to the Consumer Court.

  • If there is an understatement or the structure is illegal , the insurance company may avoid liability.

Consequences of Building Permits and Illegal Constructions

A common problem in Antalya, especially in shantytowns, is the lack of building permits. In such buildings:

  • The demolition decision is made ex officio by the administration.

  • The owner or landowner shares the liability.

  • Services such as electricity and water may be cancelled.

The claim for compensation after demolition may be weaker in unlicensed buildings. However, if there is serious damage such as loss of life, the contractor and inspection companies may still be held liable.

Demolition Events and Legal Processes in Antalya in Recent Years

In Antalya, demolition incidents occur from time to time in areas such as Kepez, Varsak, Konyaaltı and Döşemealtı, as construction is intense. Some incidents reflected in the media:

  • Demolition was carried out due to unlicensed floor construction.

  • Disputes arose in buildings that entered the urban transformation process and the litigation process was prolonged.

  • As a result of the contractor using inadequate materials, the building collapsed and a criminal case was filed.

These examples show that the process has not only a material but also a criminal law dimension.

Most Frequently Asked Questions

Can the contractor be held responsible for the collapsed building?
→ Yes, building safety is the responsibility of the contractor. If there are missing materials or non-compliance with the project, compensation and penal lawsuits can be filed.

Can a lawsuit be filed against the municipality?
→ If there is negligence, lack of control or wrongdoing, a full jurisdiction lawsuit against the administration is possible.

Does insurance cover all damage?
→ No. DASK only covers the body of the building. Special insurance is required for loss of belongings and rental.

Can I object to demolition in urban transformation?
→ Yes. Owners have the right to object to reports and decisions within 15 days.

If my house is found to be illegal, can I not get compensation?
→ It may be difficult, but if there are serious consequences such as defective construction or loss of life, a lawsuit can still be filed against those responsible.

Should all rights holders in the same building file a lawsuit?
→ Preferably yes. All owners filing a lawsuit increases the power of the lawsuit. However, individual applications are also possible.

Legal Advice for Citizens Facing Demolition in Antalya

  • Make sure to get the demolition report. Having everything documented is very important during the lawsuit process.

  • Take photos and videos as evidence.

  • Obtain building inspection documents and permits.

  • Get support from a lawyer or legal advisor. It may be necessary to carry out administrative and judicial processes together.

  • Keep your communications with insurance companies in writing.