From the Ministry of Environment, Urbanisation and Climate Change:
REGULATION AMENDING THE REGULATION ON SITE MANAGERS
THE REGULATION
ARTICLE 1- The expressions “construction” in Article 1 of the Regulation on Site Managers, published in the Official Gazette dated 2/3/2019 and numbered 30702, have been changed to “construction/demolition”.
ARTICLE 2- Subparagraphs (a), (c), (d) and (e) of the first paragraph of Article 4 of the same Regulation have been amended as follows, and subparagraph (f) of the same paragraph has been repealed.
“a) Ministry: The Ministry of Environment, Urbanisation and Climate Change,”
“c) Relevant administration: The administrations authorised to issue construction/demolition permits and occupancy permits,”
“d) Directorate: The Provincial Directorate of Environment, Urbanisation and Climate Change,
e) Site manager: The technical personnel who, according to its subject and nature, manage and carry out construction/demolition works on behalf of the building contractor,”
ARTICLE 3- The following subparagraph has been added to the first paragraph of Article 6 of the same Regulation; in its third paragraph, the expression “work experience,” has been added after the expression “undertaking;”, and the following sentence has been added to the same paragraph.
“c) Those who have completed the age of seventy-five or who have a condition that prevents them from actually performing continuous duty on the construction site.”
“For this purpose, rough and fine construction works, mechanical works such as heating-cooling-ventilation-air conditioning-plumbing, and electrical installation works are grouped separately by the project author, and a professional appropriate to the group that is predominant in terms of its effect on the construction cost is registered by the Administration as the site manager.”
ARTICLE 4- The fourth, fifth and ninth paragraphs of Article 7 of the same Regulation have been amended as follows, its third and seventh paragraphs have been repealed, and the following paragraphs have been added to the same article.
“(4) Site managers holding the title of architect or engineer may, at the same time, undertake any one of the following where the building construction area;
a) does not exceed 1,500 m², four works,
b) does not exceed 4,500 m², three works,
c) does not exceed 7,500 m², two works,
may be undertaken. The site managers of buildings whose construction area exceeds 7,500 m², or of buildings in the nature of public investment built by public institutions and organisations, may not at the same time undertake the site management of any other work. Construction/demolition works belonging to the same building owner within the same block and undertaken by the same contractor are considered a single work.
(5) When calculating the amount of work that site managers may undertake at the same time;
a) In construction works, those for which an occupancy permit or work completion report has been issued; and in demolition works, those for which a Burnt and Demolished Buildings Form has been issued, are not included in the calculation.
b) In monitoring the total number of works that may be undertaken, the number of demolition and construction works is added together and evaluated jointly, without taking into account the area of the demolition works.
c) The procedures carried out within the scope of this paragraph do not eliminate the site manager’s responsibilities arising from the zoning legislation.”
“(9) Technical teachers and technicians may, in accordance with their professional fields, provided that the work is not in the nature of public investment and does not exceed three works at the same time, undertake the site management of: buildings with a construction area of up to 1,500 m² and in Class I of the building classes determined by the Ministry as the basis for architectural and engineering services; Class II Group B(2) and B(3) buildings; Class III Group A(3) and A(7) buildings; Class III Group B(8) and B(12) buildings whose building height does not exceed 17.5 m and whose number of basement floors does not exceed two; and Class V Group D(2) buildings to be restored.”
“(10) In order to undertake a work pursuant to subparagraph (b) of the fourth paragraph, a work with a building construction area not exceeding 1,500 m² must, as work experience, have been completed with service provided throughout the entire work in accordance with the first paragraph; pursuant to subparagraph (c), a work exceeding 1,500 m²; and in order to undertake a work exceeding 7,500 m², a work exceeding 4,500 m². Within the scope of this paragraph, only superstructure works registered in the EKAP or e-Site Manager system in which service was provided throughout the entire work are evaluated as work experience.
(11) When the necessary information infrastructure system is established by the Ministry, site managers are obliged to enter the activities carried out on construction sites into the e-Site Manager System in accordance with the work programme, in line with the procedures and principles to be announced on the official website. This paragraph does not apply to works in the nature of public investment.”
ARTICLE 5- The expressions “construction” in the first and fourth paragraphs of Article 8 of the same Regulation have been changed to “construction/demolition”, the second paragraph of the same article has been amended as follows, the following sentence has been added to its fifth paragraph, and its sixth paragraph has been amended as follows.
“(2) The site manager is obliged to employ a certified master craftsman in accordance with the relevant legislation in construction and installation works and to keep a copy of the certificates in the construction site file.”
“No notification of resignation procedures is made to the Ministry.”
“(6) The site manager fulfils the responsibilities required by this Regulation together with the relevant zoning and inspection legislation in having the building constructed and demolished in accordance with the instructions of the technical supervisors/inspector staff, in the preservation, preparation and signing of all kinds of registers, reports and similar documents related to the construction site where they are assigned, and in keeping the e-Site Manager records.”
ARTICLE 6- Subparagraphs (a) and (ğ) of the first paragraph of Article 9 of the same Regulation have been amended as follows, subparagraph (f) has been repealed, and the following subparagraph has been added to the same paragraph.
“a) Checks whether the site manager meets the conditions listed in Article 6.”
“ğ) Reports to the professional chamber to which they are registered the situations of site managers about whom a notification has been made as a result of an inspection carried out at the workplace by the Ministry of Labour and Social Security, or who are found not to have fulfilled their responsibilities related to the duties listed in Article 8, or to have made a false declaration.”
“h) Upon the request of site managers, enters into the e-Site Manager system the buildings for which architectural and engineering reports on inspection have been prepared by the technical supervisors and which have been determined to be completed by means of a determination report jointly drawn up by the building owner, the technical supervisors and the relevant administration staff.”
ARTICLE 7- The following provisional article has been added to the same Regulation.
“Transitional provision
PROVISIONAL ARTICLE 2- (1) Existing works for which site management was undertaken before the date of entry into force of the fourth and ninth paragraphs of Article 7, as amended by Article 4 of this Regulation, may be continued. However, works to be taken on after this date shall be evaluated together with the existing works in the calculations regarding the building construction area and the number of works that a site manager may undertake.
(2) Works for which site management was undertaken, or a work contract was made with the building contractor, before the date of entry into force of subparagraph (c) added to the first paragraph of Article 6 by Article 3 of this Regulation may be continued.”
ARTICLE 8- The expression “Minister of Environment and Urbanisation” in Article 11 of the same Regulation has been changed to “Minister of Environment, Urbanisation and Climate Change”.
ARTICLE 9- In Annex-1 of the same Regulation, the expression “that I do not have a condition preventing me from actually performing continuous duty on the construction site,” has been added after the expression “that I do not work full-time,”.
ARTICLE 10- Of this Regulation;
a) subparagraph (f) of the first paragraph of Article 4 repealed by Article 2, subparagraph (c) added to the first paragraph of Article 6 and the expression added to its third paragraph by Article 3, the fourth paragraph of Article 7 as amended by Article 4, subparagraphs (a) and (c) of its fifth paragraph, its ninth paragraph, its repealed third and seventh paragraphs and the tenth and eleventh paragraphs added to the same article, subparagraph (f) of the first paragraph of Article 9 repealed by Article 6 and subparagraph (h) added to the same paragraph, enter into force on 31/12/2023,
b) Its other provisions enter into force on the date of publication,
shall enter into force.
ARTICLE 11- The provisions of this Regulation are executed by the Minister of Environment, Urbanisation and Climate Change.
