Purpose
ARTICLE 1 – (1) The purpose of this Communiqué is to determine the procedures and principles regarding the cancellation, pursuant to Article 42 of Law No. 3194, of the authorisation certificate number granted under the Regulation on the Registration of Building Contractors and on Site Supervisors and Certified Master Craftsmen to the responsible contractors of structures in respect of which a decision has been taken by the Administration as a result of the application of Article 32 of the Zoning Law No. 3194 dated 3/5/1985, as well as the acts and procedures to be carried out regarding site supervisors.
Scope
ARTICLE 2 – (1) This Communiqué covers, in all kinds of construction works subject to a building permit, the natural and legal persons who will undertake the building contractorship and the architects and engineers who will undertake the site supervision.
Basis
ARTICLE 3 – (1) This Communiqué has been prepared on the basis of Articles 28, 32 and 42 of the Zoning Law No. 3194 dated 29/6/2011, Article 12 of Decree Law No. 644 dated 29/6/2011 on the Organisation and Duties of the Ministry of Environment and Urbanisation, and the Regulation on the Registration of Building Contractors and on Site Supervisors and Certified Master Craftsmen published in the Official Gazette No. 27787 dated 16/12/2010.
Definitions
ARTICLE 4 – (1) In this Communiqué;
a) Ministry refers to the Ministry of Environment and Urbanisation,
b) Form refers to the communication form regarding the prohibition,
c) Administration refers to the administrations authorised to issue building permits and building occupancy permits,
ç) Examination sheet refers to the sheet that ensures the verification of whether the forms and their annexes received from the administrations meet the documents required under this Communiqué,
d) Cancellation refers to the prohibition of the authorisation certificate number through the YAMBİS system,
e) Law refers to the Zoning Law No. 3194,
f) Decision refers to the administrative act established pursuant to Articles 32 and 42 of the Law,
g) Directorate refers to the provincial directorate of environment and urbanisation,
ğ) Site supervisor refers to the architects and engineers who manage and implement construction works on behalf of the building contractor according to their subject matter and nature,
h) YAMBİS refers to the Building Contractorship Information System in which the records of building contractors are kept,
ı) Authorisation certificate number refers to the number to be written in the relevant section of the building permit and the building occupancy permit, as the basis for the registration and monitoring of building contractors pursuant to the Regulation,
i) Regulation refers to the Regulation on the Registration of Building Contractors and on Site Supervisors and Certified Master Craftsmen,
respectively.
General Principles
ARTICLE 5 – (1) Action shall be taken with regard to building contractors and site supervisors upon notification to the Ministry, through the directorate, by the relevant administration, of the decisions issued due to their acts contrary to the zoning legislation, the finalised court rulings against them, and the non-payment of the contractor’s tax and insurance premium debts arising from construction works.
(2) In cases where the constructions carried out contrary to the Law are not remedied within the period granted pursuant to Article 32 of the Law, where the violation threatens the safety of life and property, where the building contractor does not pay the tax and insurance premium debts arising from construction works or fails to fulfil its other responsibilities, in order for the authorisation certificate number to be cancelled, an Annex-2 form shall be drawn up by the administrations concerning the responsible parties and sent to the directorate.
(3) The finalised court rulings issued against site supervisors and building contractors due to their acts contrary to the zoning legislation shall be notified by the relevant administration to the professional chambers to which they are registered and to the directorate within six days.
Situations in which a form shall be drawn up
ARTICLE 6 –(1) Failure to remedy, within the period granted pursuant to Article 32 of the Law, the constructions carried out contrary to the surveys and projects annexed to the permit or to the zoning legislation,
(2) The construction carried out contrary to the surveys and projects annexed to the permit or to the zoning legislation threatening the safety of life and property,
(3) Three administrative fines having been imposed pursuant to Article 42 of the Law from the date of issuance of the permit until the date of issuance of the building occupancy permit,
(4) A building occupancy permit having been issued by the administration, upon the request of building owners who do not undertake the contractorship of the building, pursuant to the tenth paragraph of Article 28 of the Law,
(5) Failure to fulfil other responsibilities assigned by the laws,
in such cases, the administration shall draw up the Annex-2 form in accordance with the information in the permit and send it to the directorate in writing.
(6) In order for the administrations to draw up a form within the scope of the fourth paragraph, the building occupancy permit must have been issued for the entirety of the building; it must be confirmed by an official letter from the Social Security Institution and/or the tax office directorates affiliated to the Revenue Administration that the building contractor has a tax and/or insurance premium debt in relation to the building, and the contractor’s contract must have terminated.
Principles for drawing up the form
ARTICLE 7 –(1) Notification regarding the administrative fines imposed by the administration pursuant to Article 42 of the Law must have been made to the building contractors against whom the cancellation of the authorisation certificate number will be carried out pursuant to the same article.
(2) In the event that the violations are not remedied at the end of the period granted pursuant to Article 42 of the Law, in order for the building contractor’s authorisation certificate number to be cancelled, the Annex-2 form to be drawn up by at least 3 (three) personnel of the administration, one of whom is to be the director responsible for zoning, shall be approved by the mayor or the deputy mayor to be designated by the mayor. Annexed to the said form,
a) The building suspension report and, if any, the photographs, camera recordings and other documents relating to this report,
b) The document showing that a copy of the building suspension report was left with the muhtar,
c) A copy of the decision taken pursuant to Article 32 of the Law, certified by its administration as a “true copy of the original”,
ç) The documents relating to the notification made to the building contractor regarding the administrative fines imposed in connection with the violations subject to the decision,
d) Any objections and applications made by the contractor, and the documents relating to the actions taken by the administration in connection therewith,
e) The determination report drawn up at the building site by the administration’s personnel in the event that the violations are not remedied at the end of the period granted, and, if any, the photographs, camera recordings and other documents relating to this report,
f) Any correspondence, court rulings and similar information and documents made with the contractor and the relevant institutions and organisations in connection with the matter,
shall be appended.
Acts and procedures to be carried out after the form is submitted to the directorate and the cancellation of the authorisation certificate number
ARTICLE 8 –(1) The form and its annexes received from the administration shall be examined by the directorate by comparison against the Annex-1 examination sheet, and in the event that a deficiency is identified, the rectification of the said deficiencies shall be requested from the administration in writing. In the event that no deficiency is found, a situation determination report shall be prepared by the directorate on the basis of all information and documents, taking into account the administration’s findings as well.
(2) The directorate shall keep the records relating to the cancellation of the authorisation certificate number and shall enter these records simultaneously in electronic form into YAMBİS, operated by the Ministry; it shall notify the Ministry in writing within five days that the form and its annexes, the examination sheet and the report have been uploaded to YAMBİS. The form and its annexes, the examination sheet and the situation determination report shall be retained by the directorate and shall not be sent to the Ministry unless requested. Upon notification, the documents entered into YAMBİS shall be examined by the Ministry, and in the event that a deficiency is identified, the completion of the said deficiencies shall be requested in writing from the relevant directorate and/or administration. In the event that no deficiency is found, action shall be taken by the Ministry pursuant to Article 42 of the Law within thirty days at the latest.
(3) The proposal regarding the cancellation of the authorisation certificate number shall be submitted for the approval of the Minister. Following approval, after publication in the Official Gazette, the authorisation certificate number shall be cancelled through YAMBİS.
(4) The finalised court rulings issued against building contractors due to their acts contrary to the zoning legislation shall, moreover, be acted upon without obtaining the approval of the Minister, and the authorisation certificate number shall be cancelled for the period stipulated in the court ruling.
Procedures to be carried out after cancellation
ARTICLE 9 –(1) A building contractor whose authorisation certificate number has been cancelled shall not be permitted by the administration to undertake new construction work during the period of prohibition, apart from completing its existing works for which a building permit has been obtained.
(2) In the event that the building contractor whose certificate has been cancelled is a sole proprietorship, an ordinary partnership or a joint venture, all of the partners and the company director or directors; in the event that it is a capital company, all of the company’s board members and the company general manager become prohibited, and therefore, a new authorisation certificate number shall not be granted by the directorate during the cancellation period to persons who are in this situation should they apply as a natural person or a sole proprietorship.
(3) With the exception of the provisions in the fourth and fifth paragraphs of Article 6 of this Communiqué, the situation of those who have undertaken the site supervision duty of the building under the responsibility of the contractor whose authorisation certificate number has been cancelled shall be notified by the Ministry to the professional chambers of which they are members, in order for action to be taken with regard to them.
Lifting of the cancellation
ARTICLE 10 – (1) A building contractor whose authorisation certificate number has been cancelled, upon the expiry of the period of prohibition
