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Building inspection (yapı denetimi) refers to the supervision of construction projects by independent inspection organizations, from the design stage through to the occupancy permit, within the scope of the Building Inspection Law No. 4708 (Yapı Denetimi Hakkında Kanun). Given the intensity of the construction sector in Antalya, the legal responsibilities of building inspection firms and the rights of building owners are of great importance. In this guide, we comprehensively address the building inspection process, the legal responsibilities of the parties, the actions that may be filed against building inspection firms, and the rights to compensation.
How Does the Building Inspection System Work?
In Türkiye, the building inspection system is regulated by the Building Inspection Law No. 4708. This law entered into force in 2001 and began to be applied throughout Türkiye as of 2011. Building inspection organizations inspect the compliance of construction projects with the legislation, from the project stage to the granting of the occupancy permit.
Building inspection organizations are authorized and supervised by the Ministry of Environment, Urbanization and Climate Change. The number of building inspection firms operating in Antalya is above the Türkiye average due to the intensive construction activities in the region. Pursuant to Article 2 of Law No. 4708, building inspection organizations carry out their inspection activities within the scope of the service contract they sign with the building owner.
The building inspection process comprises four fundamental stages: project inspection, ground and foundation inspection, building material inspection, and inspection of whether the building has been constructed in compliance with the legislation. In Antalya, in particular, the meticulous work of building inspection firms on ground surveys and earthquake resistance is of vital importance.
The Legal Responsibilities of Building Inspection Firms
Article 3 of Law No. 4708 regulates the responsibilities of building inspection organizations in a broad-ranging manner. The building inspection organization is responsible, in proportion to its fault, to the building owner and to the relevant authority — together with the inspecting architects and engineers, the project authors and the building contractor — for building damage arising from the construction being carried out contrary to the permit and its annexes, and to the rules of science, art and health.
Since this responsibility is based on fault, the building inspection firm's share of fault in the occurrence of the damage must be determined. In disputes experienced in the construction sector in Antalya, the responsibility of building inspection firms frequently comes to the agenda.
Court of Cassation (Yargıtay), 15th Civil Chamber, Case No. 2023/3456, Decision No. 2024/1890The building inspection organization is responsible, in proportion to its fault, to the building owner for the defects that occur in the building whose inspection it has undertaken. If it is established that the building inspection organization has not duly performed its inspection duty, an obligation to compensate arises.
Administrative Sanctions
Pursuant to Article 8 of Law No. 4708, various administrative sanctions may be imposed on building inspection organizations that fail to perform their duties in compliance with the legislation. These sanctions may range from a warning, an administrative fine, and the temporary suspension of activity, to the revocation of the license certificate.
The Antalya Provincial Directorate of Environment, Urbanization and Climate Change periodically inspects the building inspection firms in the region and imposes administrative sanctions on firms operating contrary to the legislation.
| Type of Violation | Legal Basis | Administrative Sanction | Legal Responsibility |
|---|---|---|---|
| Incomplete project inspection | Law No. 4708, Art. 3 | Administrative fine, warning | Liability for compensation in proportion to fault |
| Neglect of material inspection | Law No. 4708, Art. 3 | Temporary suspension of activity | Liability for compensation in proportion to fault |
| Failure to report construction contrary to the permit | Law No. 4708, Art. 6 | Revocation of the license certificate | Both administrative and criminal liability |
| Failure to employ an authorized engineer | Law No. 4708, Art. 4 | Suspension of activity | Compensation for breach of contract |
| Drawing up inspection reports contrary to the truth | Turkish Penal Code (TCK), Art. 206 | Revocation of the license certificate | Criminal liability + compensation |
The Building Owner's Rights and Claims for Compensation
As a result of the building inspection organization's failure to duly perform its duty, the building owner may claim compensation for defects occurring in the building, structural damage, or loss of life and property. In Antalya, particularly in regions bearing earthquake risk, the incomplete or faulty inspection by a building inspection firm can produce serious consequences.
The building owner may bring a claim for compensation arising from breach of contract within the scope of Article 112 of the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu), and for compensation arising from tort within the scope of Article 49. In addition, if the building is not suitable for its intended use or bears structural defects, the provisions on defective performance may also be invoked.
Limitation Periods
The limitation periods regarding the responsibility of the building inspection organization differ according to the nature of the action. Pursuant to Article 9 of Law No. 4708, the responsibility of building inspection organizations arising from the inspection activity continues, after the occupancy permit is obtained, for fifteen years for the load-bearing system of the building and two years for the other, non-load-bearing parts.
In compensation actions filed against building inspection firms in Antalya, a limitation-period defense is frequently raised. It is of great importance that the building owner files the action within the applicable period from the date they learned of the damage.
The Relationship Between Earthquakes and Building Inspection
Because Türkiye is located in an earthquake zone, the earthquake-resistance dimension of building inspection is of critical importance. The 2018 Turkish Building Earthquake Code (TBDY) and the Regulation on Buildings to Be Constructed in Earthquake Zones set out the technical standards for buildings to be designed and constructed to be earthquake-resistant.
According to the Türkiye earthquake hazard map, Antalya is located in a first- and second-degree earthquake zone. For this reason, it is a legal obligation for building inspection firms in Antalya to meticulously inspect earthquake-resistance criteria. The accuracy of ground survey reports, the compliance of reinforced-concrete calculations with the legislation, and the compliance of material quality with standards are of vital importance in terms of earthquake safety.
If it is established by an expert report that the damage occurring in the building after an earthquake resulted from a deficiency in the building inspection firm's inspection, the building inspection organization bears liability for compensation both to the building owner and to third parties. The increase in such actions in Antalya reveals the importance of building inspection firms obtaining professional liability insurance.
Points to Consider in the Building Inspection Service Contract
The building inspection service contract is the contract concluded between the building owner and the building inspection organization, which sets out the scope, duration and fee of the inspection service and the obligations of the parties. In Antalya, this contract should be evaluated meticulously from a legal standpoint before commencing construction projects.
It is of great importance that the scope of the inspection is clearly defined in the contract, that the payment terms of the inspection fee are set out, and that the rights of the parties in the event of termination of the contract and the limits of responsibility are regulated. A significant portion of the disputes experienced with building inspection firms in Antalya arises from inadequate drafting of the contract.
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Frequently Asked Questions About Building Inspection and Legal Responsibility
In which situations is a building inspection firm required to pay compensation?
Pursuant to Article 3 of Law No. 4708, the building inspection organization is responsible, in proportion to its fault, for building damage occurring in the building whose inspection it has undertaken. Structural damage, material defects and applications contrary to the legislation arising from the failure to duly perform the inspection duty are the principal situations requiring compensation.
What is the period for filing an action against a building inspection firm?
Pursuant to Article 9 of Law No. 4708, the responsibility of the building inspection organization continues, after the occupancy permit is obtained, for 15 years for the load-bearing system and 2 years for the non-load-bearing parts. If the damage is established within these periods, an action may be filed within the general limitation periods.
If the building inspection firm goes bankrupt, how is compensation collected?
Pursuant to Law No. 4708, building inspection organizations are required to obtain professional liability insurance. If the firm goes bankrupt, compensation may be claimed from the insurance company. In addition, the partners of the building inspection organization and the inspecting engineers may also be sued within the scope of personal liability.
Where does one apply to file a complaint against a building inspection firm?
Complaints concerning building inspection organizations may be submitted to the Provincial Directorate of Environment, Urbanization and Climate Change or directly to the Ministry. In Antalya, complaints are evaluated by the Antalya Provincial Directorate of Environment, Urbanization and Climate Change, and the necessary administrative sanctions are imposed.
How much is the building inspection fee and who pays it?
The building inspection service fee is calculated over the minimum rates determined by Article 5 of Law No. 4708 and the relevant regulation. The fee is deposited by the building owner into the building inspection account and is paid by the Ministry to the building inspection organization. In determining the fee, the construction area, the building class and the intended use are taken into account.
Is it possible to change the building inspection firm in Antalya?
It is possible to terminate the building inspection service contract and conclude a contract with a new building inspection organization. However, in the change process, the inspection reports of the existing firm must be transferred, and the new firm must inspect the building on site and establish the current situation. The change process is subject to the approval of the Antalya Provincial Directorate of Environment, Urbanization and Climate Change.
Can an action be filed against the building inspection firm of a building damaged in an earthquake?
If it is established by an expert report that incomplete or faulty inspection was carried out at the building inspection stage of a building damaged in an earthquake, a compensation action may be filed against the building inspection firm. The building inspection organization may be held responsible, in proportion to their faults, together with the contractor and the project author.
