The legal rejim of the dangerously unstable structures

The dangerously unstable structures acts are the derelict structures dangerous for public safety and security with the process of repairing or demolishing buildings with a risk of damaging the surrounding area. In this thesis, it was examined article 39 of Law on Land Development Planning and Control (Law no. 3194) which regulates the dangerously unstable structures. The structure, the demolition, the repair, the derelict structure and the dangerous structure concepts that are important for dangerously unstable structures were examined. Afterwards, regulation concerning to dangerous structures and regulation related to dangerous structures were given and then; differences in the regulations that resemble dangerous structures had been demonstrated. The problems encountered in the administrative procedures of the article 39 of zoning law were scrutinized. These problems were revealed in the direction of the judicial organs and we tried to find solutions that included the approaches in the doctrine. Firstly, the debate on the authority to take the decision was given in the process. Then, the shape of the arrangement is addressed. Lastly, the determination of the dangerous structure was included and the purpose of the process was examined. The legal remedies that can applied to the dangerously unstable structures decisions were examined. Article 11 of the Administration Jurisdiction Procedures Law, application to the Ombudsman, lawsuits and individual applications to the Constitutional Court were examined specific to dangerously unstable structures.