We are working with some Official Inspection Companies who are amongst the biggest construction control companies in the area.
The new construction auditing law which was put in force on 29 June 2001 with the law no. 4708 has been the beginning of a new era in our country for the supervision and auditing of construction projects.
The preamble chapter of purpose, scope, and definitions of the law starts with the following statement ;
“The purpose of this law is to predicate the basic procedures for the control, supervision and auditing of building constructions to provide life and property safety and insure that the buildings are constructed as per development plans, standards, rules and regulations.”
We do strongly believe that the projects we controlled, supervised and audited so far shall be the sole reference for our future projects.
It is a reality that an effectual building inspection cannot be provided for putting into practice in spite of effective various sentences have been in the development and disasters laws for long years in our country – our country lands which exist in one of the most active earthquake zone and 92% of which has earthquake risk at different proportions – that 95% of its population and 98% of our industry have been located in those regions.
Although negative results of this situation were seen clearly, a positive development has not been provided on building inspection yet after each earthquake occurred within last 20 years in our country; on the contrary, rapid population increase and immigrations, non-inspected urbanization and industrialization, densely unlicensed construction and frequently applied construction pardoning acts have increased earthquake and other disaster risks more with each passing day as well.
After the experienced earthquakes at Marmara on 17 August 1999, Bolu-Duzce 12 November 1999, Cankiri 06 June 2000, Sultan Mountain on 03 February 2002, 82.000 life and 600.000 residence losses resulted have displayed the damages – that non-inspected and unplanned settlement constructions can cause – with their whole clarity as a major equivalent.
It is manifest that “Earthquake Does Not Kill, Callousness Kills” epigram is how right. In this meaning, if any measure is not taken, the experienced disasters will be unavoidable.
For settlements and constructions in our country, it was seen that the inspection activities – which were brought by 3194 numbered Building Act and regulation sentences related to the buildings which will be built in disaster areas – never almost can be fulfilled in the practice; the sentences which were stipulated in the act were ineffectual and insufficient; even project inspection stage, design, calculation, drawing errors existed in 90% of projects according to examinations performed; they carried out by newly graduated engineers and architects and inexperienced staff; the application was left to incompetent workmen; and the buildings have never been inspected.
It was determined that concentrate was placed on the contrary to the regulations, standards at 90% of construction sites, concentrate resistance values was less than the value previously specified in its project at approximately 40% and the resistance of steel was never controlled. These studies and the last experienced earthquakes exposed once again that buildings could not be inspected effectively by 3194 numbered Act and construction contractor, technical application responsible staff (technical responsible), building workmen – who played role in construction works – and municipalities and organized industry directorships and also governorships – who are responsible for inspecting construction projects and applications could not inspect application.
It became an absolute necessity re-regulating the responsibilities for contractor – who works under construction process and within the Building Inspection System in our country, project designer, building inspection staff – who are responsible for performing the inspection – and local governments and bringing a new legal regulation that will impose punishments to responsible persons for buildings – which are almost never inspected but considered as they were inspected on the paper – and losses which these persons make to third parties can indemnify.
For these reasons; 4708 numbered act which was prepared – in order to enable life and property safety, to prevent extravagance of source and unplanned, poor quality and uncontrolled construction, to provide building production in modern norm and standards, third parties who are suffered loss because of non-inspection and negligence and in order to perform required procedures against the responsible persons that their defect and negligence are observed – went into effect on 29.06.2001.
In this case, the duty which we – building inspection companies – have is to realize BUILDING & PROJECT INSPECTION all over the country and to enable building application – that is competitive in quality – by being eliminated incomplete and wrong parts of 4708 numbered act and regulations related to the building inspection in the direction of our people’s interests.
WHAT IS BUILDING INSPECTION?
TURKEY ON AN EARTQUAKE ZONE
Our country located on one of the most active earthquake zones. One right after the other earthquakes had caused great many life and property losses. In spite of that, the required steps have not taken on the “building inspection” matter yet. An inspection system which can meet the country requirements is not formed. On the contrary, migrations in parallel to the population, unplanned urbanization, unlicensed construction and uncontrolled buildings, frequently applied practices of construction pardoning acts have increased life and property losses more as well.
DETERMINING RESPONSIBILITIES IN BUILDING PRODUCTION
Moving from this reality, in order to re-regulate project designer, contractor, responsibilities of technical responsible staff and local governments which are duty on carrying out inspection and to form a new legal regulation that will impose punishments to responsible persons for building and losses which these persons make to third parties can indemnify, by considering the problems on a large platform and concluding rapidly, “BUILDING INSPECTION APPLICATION REGULATIONS” based on “GOVERNMENTAL DECREE IN LIEU OF ACT ON 595 NUMBERED BUILDING INSPECTION ” and Governmental Decree in Lieu of this Act issued in the Official Gazette to start putting into practice 27 Pilot provinces on 10 July 2000.
However, on the raised Objection, the Constitutional Court made the decision of cancellation of the related law and stopping the effect.
The building inspection interrupted approximately for 3 months, but then BUILDING INSPECTION PRACTICE PROCEDURE AND BASIS REGULATIONS and based on this act 4708 NUMBERED BUILDING INSPECTION ACT was issued in the Official Gazette and it has started to put into practice in 19 Pilot provinces since 13 August 2001.
BORN OF BUILDING INSPECTION ORGANIZATIONS
With these regulations, all kind of buildings which will be built in our country are subject to inspections of the Building Inspection Organizations which operate with “License Certificate” acquired from T.R. Ministry of Public Works as a result of providing great many conditions and full technical personnel and work on “building inspection” exclusively have juristic personality.
RESPONSIBILITY OF BUILDING INSPECTION ORGANIZATIONS
Building inspection organizations, inspector architect and engineers, project designers, laboratory staff and building contractor are responsible for the related administration and building owner at their defective rates due to it was built being opposite to permit and annexes of the building, science, art and health rules, incomplete, faulty and defective because of arising building damage. Duration of this responsibility is fifteen years for the structure of building and is two years in other parts – where structure does not exist – from date that the building use license acquired.
WHAT WILL THE NEW INSPECTION SYSTEM BRING?
- Life and property safety will be enabled.
- Unplanned, uncontrolled and poor quality construction which causes extravagance of source will be prevented.
- Projects and buildings in modern norm and standards will be produced and inspected.
- Compliance – of materials and labor are used in construction works – with the standards will be inspected.
- Persons’ – who are suffered loss owing to building damage – rights will be protected and indemnification will be provided for losses which might arise.