CONSTRUCTION PEACE AFTER THE EARTHQUAKE RESISTANCE OF THE BUILDING IS EXCLUSIVELY UPON THE OWNER'S RESPONSIBILITY. IS IT RESPONSIBLE?
Zoning No. 3194 With an amendment made to the Law in 2018, disaster risk preparation within the scope of registration of unlicensed buildings or structures that are contrary to the license and its annexes. In order to obtain and ensure zoning peace, before 31/12/2017 If certain conditions are met for constructed structures,Building Registry It is possible to obtain a certificate. However, while making this adjustment According to the relevant article of the Law, the earthquake resistance of the building is determined by the owner. A provision has also been added regarding the responsibility of In the annulment case filed against the Constitutional Court, with its decision, found the provision contrary to Articles 17 and 40 of the Constitution. (AYM, 23.07.2024, E. 2023/74, K. 2024/141)
Supreme Court, The earthquake resistance of the building for which the building registration certificate is given is determined by the owner. stating that the administration is responsible for the earthquake-related interpreted it as an exception to its financial responsibility. Subsequently put forward the following justification:
Our Constitution Accordingly, the administration has a positive role in the context of protecting the right to life of individuals. has an obligation, as a result of this, on the grounds of zoning peace,Building Even if the Registration Certificate application is introduced, the administration's control over the structures The obligation continues. In case the administration neglects this inspection obligation It is stated in Article 125 of our Constitution that there will be liability for compensation, “The administration is obliged to pay the damages arising from its own actions and transactions” It is a requirement of the provision. Likewise, adding such a provision to the Zoning Law, individuals to take legal action due to their damaging administrative procedures and actions. in Article 40 of the Constitution, as it would render the application ineffective and meaningless. It also violates the regulated right to effective remedy.