Etik Construction Supervision
Regulation
Law 4708 on Construction Supervision
Law 4708 on Construction Supervision
Law Number. 4708
Date of Ratification: 29.6.2001
Date of Ratification: 29.6.2001
Prupose, Scope and Basis
ARTICLE 1. — The pupose of this law is to provide project and construction supervision in order to ensure life and goods safety, and the construction of high quality buildings in compliance with development plan, rules of science, art and health and the standards and to regulate the principle and procedures about constrcution supervision.
This law encompasses the supervision of the constructions within the borders of municipalities and the area around them except the construction and facilities belonging to the public as stated in article 26 of the Law 3149 on Development and the buildings which do not have license obligation as stated in the article 27 of the same.
In the implementation of this law the following terms indicate the below mentioned explanations;
a. Ministry: Ministry of Public Works and Settlement,
b. Concerned Administration: the metropolitan municipalities and other municipalities for the applications within the borders of municipalities and areas around them, for the areas outside these areas, governorates and other administrations which have the authority to give construction license and usage permit,
c. Owner of the Construction: real and legal persons who have property right on the construction,
d. Construction Period: period between the owner of the construction gets the construction license and the construction usage permit,
e. Construction Area: Except the luminaires, areas between the clerestory and attic and the area of all the constructed parts of the construction including the common areas,
f. Approximate cost of the construction: the amount obtained by the multiplication of the construction area by the unit cost mentined in the legislation concerning the approximate construction costs as a basis of the calculation of the architecture and engineering service costs published annually by the Ministry, alteration, reinforcing and essential repairwork and the tender price of the construction about the structures out of the building,
g. Carrier System: the load bearing and transferring parts of the constructions such as the foundation, concrete, wood, steel carcasse, wall, coverings, roof and retaining structures,
h. Structural damage: Except the damages due to the usage, all kinds of damage which are due to the construction contrary to the rules of science and art or due to erroneuos or defective construction or all kinds of damages which prevent the usage of the construction or which decreases its value,
i. Construction Supervision Agency: the legal person who exercises the duty of construction supervision with the permission it obtained from the Ministry, of which all the partners are architects and engineers,
j. Contractor: real or legal person registered at the concerned chamber of profession who either commits doing the construction job in front of the construction owner or assumes doing the job by using its personal financial means for commercial purposes or for himself,
k. Project editor: real or legal person who chose architecture and engineering design as its occupation and who prepares the survey and projects of the construction,
l. Auditor Architect or Engineer: Engineers and architects whose membership to the concerned chambers of architect and engineer professions and who hold the auditor certificate given by the Ministry,
m. Laboratory: facility which has permission from the Ministry and which can carry out measurements, examinations, calibration on the raw materials and finished goods about the construction materials in accordance with the concerned standards and technical specifications and which can designate their properties
Construction Supervision Agencies and their duties
ARTICLE 2. — All sorts of construction within the scope of this law is subject to the audition of the construction supervision agencies with legal identity and exclusively deals with construction supervision with the permit it got from the Ministry. The construction supervision service is carried out in accordance with the provisions of the service contract concluded between the construction supervision agency and either the construction owner or its attorney.The construction owner can not constitute the contractor with whom s/he made deal for the construction job as attorney.
It is compulsory that the whole of the capitals of the construction supervision agencies which have been paid nominatively belong to the architects and engineers. The construction supervision agencies employ aduitor architect and engineers as well as assitant control staff.
The qualifications and experinces required from the auditor architect and engineers and assistant control staff plus the laboratory staff to be working for the construction supervision agencies, giving the permit to these persons and the working principles and procedures of both the construction supervision agency and the laboratories are regulated by a regulation to be prepared by the Ministry.
The construction supervision agencies are obliged to exercise the following duties:
a. Analyzing in accordance with the concerned legislation the ground and foundation reports and the application projects prepared by the project editors belonging to the land or area where the construction shall be done, by controlling the application projects and their accounts which have been prepared by the project editors and directly submitted to them, giving the conformity opinion to the concerned administration with no visa approval of other institution except the concerned administrations.
b. Giving commitment to the concerned administration as to they have assumed the supervision of the construction, signing the concerned part of the construction license and informing the Ministry about the information regarding this construction within seven days after the construction license is elaborated.
c. Auditing the construction’s realization in line with the license and its annexes and the legislation.
d. Controlling the conformity of the materials used in construction works and the production’s being in line with the project, technical specifications and standards, documenting the results and having the experiments done about the materials and export.
e. Submitting a copy of all the documents pertaining to all the supervision services offered to the concerned administration, in case they figure out during their auditions that the material and production used in the construction are not in compliance with the technical specifications and standards, notifying the case with a report to the concerned administration and provincial directorate of ındustry and trade.
f. Warning the contractor in written about taking the necessary precautions about job safety and worker health, in case the warning is not obeyed with, notifying the case to the concerned labor directorate.
g. In case of an application contrary to the license and its annexes, notifying the case to the concerned administration within latest three days.
h. Submitting report to the concerned administration as to the construction has been partially or completely finalized in line with the projects annexed to the license.
i. Having the experiments about the ground, material and production done at the laboratories in accordance with the specifications and standards.
Responsibilities and the jobs that can not be done
ARTICLE 3. — In the application of this law, the construction supervision agencies assume the technical responsibility foreseen in accordance with the development legislation against the concerned administration.
The construction supervision agencies, auditor architect and engineers, project editors, laboratory officials and the contractor are responsible in front of the construction owner and the concerned administration at the rate of their shortcomings about the damages that might occur due to the construction against the license and its annexes, rules of science, art and health and missing, erroneous and defective construction. The time period of this responsibility is fifteen years for the carrier system of the construction as of the date the construction usage permit is obtained and two years for other non-carrying parts.
The liability of any possible damage that might occur due to a fundamental reconstruction that is done without the permission of the concerned administration after the construction usage permit is obtained belongs to those who did the unallowed reconstruction. The construction supervision agency is not responsible for the damage of which the precaution is not taken by the construction owner in spite of its written warning and which might occur outside the parcel and cause damage to the construction such as landslide, avalanche falling and flood.
The administrators, partners, auditor architect and engineers and the project editors, laboratory officials and contractors of the construction supervision agencies are responsible for the construction damage that might occur due to the implementation of this law.
The construction supervision agency can not engage in any commercial activity other than supervision. It is forbidden that the auditor architect and engineers of that agency engage in other commercial activities about professional and constructional works throughout the audition activity.
Construction Supervision Commission and its duties
ARTICLE 4. — The construction supervision commission is formed by a chairman about the field at least at the level of general director and four members about the field at least at the level of head of section that will be assigned by the Ministry and carries out its activities under the auspices of a department deemed appropriate by the Ministry.
The Construction Supervision Commission gives permission document to the construction supervision agencies, supervises their activities and keeps their record registers. It examines the disputes that arise from the implementation of this law and submits its considered opinion.
The construction supervision commission puts forward an offer to the Ministry against the construction supervision agency which acts contrary to the provisions of this law in order to take action in virtue of article 8.
The working principles and procedures of the construction supervision commission are set forth by a regulation to be prepared by the Ministry.
Construction Supervision Service Contracts
ARTICLE 5. — The construction supervision service contracts are concluded between the construction owner and the construction supervision agency.A copy of this contract is submitted to the concerned administration as an annex of a letter of undertaking.
In this contract, the subject of the committed service, its place, construction area, period, if any the physical properties of the construction mentioned in the contract signed between the construction owner and the contractor, construction supervision service cost, list of the technical staff that will be working on the construction supervision and other obligations are mentioned.
The concerned administration stops the construction by laying down a construction break minutes in case the construction owner does not comply with the provisions in the construction supervision service contract; unless the construction supervision agency comply with them, it notifies the case to the construction supervision Commission.
The service costs that shall be paid to the construction supervision agency for the construction supervision services are mentioned in this contract taking into account the properties of the project and the physical, economic and social characteristics of the ara, on condition that they are not below the minimum cost of service.
The minimum cost of service is 3% of the approximate construction cost. For the constructions of which the construction period exceeds two years, this ratio is increased 10% for each six months; for the constructions which lasted shorter than two years, it is increased 5% for each six month.
The construction supervision agency shall not request any payment other than VAT under any other name because of the services it offered.
The principles of the construction supervision service contract and the payment of the service costs are regulated by a regulation to be prepared by the Ministry.
Discharge of the construction supervision agency and the architects and engineers from the construction
ARTICLE 6. — In case the construction supervision agency quits or any of the engineers or architects is discharged form the construction for any reason, the construction supervision agency informs the Ministry and the concerned administration about the case within three working days together with its reasons.Otherwise, it can not survive from the liability.
In that case, the continuation of the construction is not given permission by the concerned administration unless a new construction supervision agency is hired by the contsruction owner or new architects and engineers are recruited by the construction supervision agency instead of the resignees.
Keeping the record regsiters and giving certificate to the constructions
ARTICLE 7. —The record regsiters of the construction supervision agencies and the engineer and architects of these agencies are kept by the construction supervision commission in line with the record reports given by the concerned administration.
Within the scope of this law, certificate is given by the concerned administrations to the constructions built after being supervised.
Principles and procedures about the registers and keeping the record registers as well as giving certificate to the constructions are regulated by a regulation to be prepared by the Ministry.
Stoppage of the Supervision activity and cancellation of the permit document
ARTICLE 8. — Among the construction supervision agencies, the supervision activity of those who have been revealed as not to fulfill their supervison obligation or those who got negative records within last three years or those who breached the last paragraph of article 3 and first paragraph of article 6 is suspended up to one year upon the offer of the construction supervision commission and their certificate is temporarily taken back.The suspension decision is published in the official gazette and noted on their record registers. Architects and engineers of the construction supervision agency who caused the temporary suspension of the supervision activity can not carry out any other audition activity even under another name. Architects and engineers who caused the temporary suspension are notified to the concerned chamber of profession by the Ministry. The chambers of professions take action against these people in accordance with their own legislations.
The supervision activity is terminated of the construction supervision agency of which the activity is stopped three times and its permission document is cancelled by the Ministry.
If the architects and engineers whose errors became definite with a court decision of the construction supervision agency of which the permit is cancelled work for any other construction supervision agency, this agency that they are working for is not given permission certificate, it is cancelled if it was given.
This decision about the construction supervision agency of which the supervision activity is temporarily suspended or of which the permit is cancelled is notified to the concerned administration and the continuation of the construction, the supervision of which it assumed is not given permission. In that case, it is compulsory that another construction supervision agency is recruited by the construction owner in order for the construction to go on.
Penal Provisions
ARTICLE 9. — The partners, managers, architects and engineers, contractor, project editor and laboratory officials of the construction supervision agency who neglected or misused their positions during the implementation of this law are punished in accordance with the provisions in part3, article 4 of the Turkish Penal Code 765 about neglect and misuse of duty.
In case it is found out after giving the permit document that the construction supervision agency elaborated falsified document at the stage of getting the permit, the latter is immediately cancelled and a criminal complaint is filed against those who elaborated these documents.
General provisions of law are applied about the arrangements about the constructions and the devastation and damage which the constructions have been exposed to.
The punishments that will be given in accordance with this article can not be transformed into fine nor can they be delayed.
The definite court decisions given due to breaches of this law are notified to the Ministry and the chambers of proffessions which architects and engineers are members of by the offices of Public prosecutors.
The construction supervision agency and the auditor architect and engineers are subject to the provisions of the development law 3194 about the technical liability concerning their acts and operations.
Audition Power of the Ministry
ARTICLE 10. — The Ministry has the power to audit the operations and activities of the construction supervision agencies concerning the implementation of this law.
Provinces where the Law shall be implemented
ARTICLE 11. — The implementataion of this law is launched inthe provinces Adana, Ankara, Antalya, Aydın, Balıkesir, Bolu, Bursa, Çanakkale, Denizli, Düzce, Eskişehir, Gaziantep, Hatay, İstanbul, İzmir, Kocaeli, Sakarya, Tekirdağ and Yalova a pilot cities.
Council of Ministers is authorized in the enlargement and narrowing of the pilot cities upon the offer of the Ministry.
Miscallenous provisions and regulations
ARTICLE 12. — In case there is no provision in this law, provisions of the Development Law 3194 and concerned legislation are applied.
Regulations that are foreseen to be regulated in virtue of this law are issued by the Ministry within 45 days as of the date of publication of the law.
Provisions that have been abolished and amended
ARTICLE 13. — a) The statutory decree 595 of 3.2.2000 on Construction Supervision has been abolished.
b) The annex articles 5,6,7 and provisional article 6 and 7 of the law 6235 on Union of Turkish Architects and Engineers of 27.1.1954 have been abolished.
c) The article 7 of the Law 3458 on Engineering and Architecture of 17.6.1938 has been amended as follows.
Article 7. — Those who do not have the diplomas and licenses mentioned at the article 1 can not be employed in Turkey as architect and engineer, can not perform their art with their signatures, can not vote by using these titles of them and neither can they sign.
PROVISIONAL ARTICLE 1. — The construction supervision permit documents that were given by the Ministry to the construction supervision agencies before this law enters into force are valid for three months after this law enters into force.The construction supervision permit documents which are not renewed in line with the provisions of this law within this period are deemed void.
PROVISIONAL ARTICLE 2. — The construction licenses that were taken in accordance with the law 3194 on development and law 595 on Construction Supervision before this law enters into force are valid.
PROVISIONAL ARTICLE 3. — The financial liability insurance premiums collected by the construction supervision agencies in accordance with the Law 595 on Construction Supervision are reimbursed to the construction owners.
Enforcement
ARTICLE 14. — This Law enters into force thirty days after its date of publication.
Conduct
ARTICLE 15. — It is the Council of Ministers who executes the provisions of this law.
12/7/2001
