WHAT ARE THE LEGAL PROCEDURES FOR CONSTRUCTION?

Legal procedures for construction in Türkiye must be carried out in accordance with various legal regulations and rules set by municipalities. Construction activities are conducted within the framework of zoning regulations, building inspection, and various permit processes. Below, I will explain the necessary legal procedures for construction step by step:

1. Obtaining a Zoning Status Certificate

The first step is to determine the zoning status of the property where the construction will take place. This document specifies the conditions under which the plot is suitable for construction and how it is permitted. The zoning status certificate is obtained from the relevant municipality's urban planning and development department. This document includes information such as the building regulations for the plot, building height, number of floors, footprint, and setback distances.

• Application Location: Municipal planning and urban development departments
• Required Documents: Photocopy of title deed, application form.

2. Soil Survey Report

A soil survey must be conducted for the land where construction will take place. The soil survey report determines the geological structure, soil stability, and groundwater level of the construction area. This report is also mandatory according to earthquake regulations. The soil survey report is prepared by licensed soil survey firms and included in the construction project.

• Application Location: Licensed soil survey firms
• Required Documents: Land title deed information

3. Preparation of Architectural Project

The architectural project for the building to be constructed must be prepared by a qualified architect. The architectural project must be drawn in accordance with building regulations. The project includes details such as the building plan, number of floors, building materials, and height. Furthermore, the project must comply with relevant regulations.

• Project Prepared by: Authorized architect or architectural firm
• Required Documents: Zoning status certificate, title deed information, soil survey report.

4. Structural, Electrical and Mechanical Projects

In addition to the architectural project, structural, electrical, and mechanical projects necessary for the building's durability and functionality must also be prepared. The structural project covers the building's load-bearing system, the electrical project the internal electrical installation, and the mechanical project the water, heating, and ventilation systems. These projects are prepared by the relevant engineers and added to the architectural project.

• Project Prepared by: Civil engineer, electrical engineer, mechanical engineer

5. Building Permit Application

After the architectural, structural, and other necessary projects are prepared, an application must be submitted to the municipality for a building permit. The building permit is the most important document required to begin construction. It is issued after the municipality verifies that the projects comply with its zoning plan and regulations.

• Application Location: Municipality's Department of Planning and Urban Development
• Required Documents: Architectural project, structural project, electrical and mechanical projects, soil survey report, title deeds.
• Application Process: A building permit application is submitted to the municipality along with all required documents. Once the relevant departments of the municipality review and approve the projects, the building permit is issued.

6. Building Inspection

Building inspection is mandatory in construction projects. Building inspection ensures that construction proceeds safely and in compliance with regulations. Building inspection firms supervise every stage of construction and perform the necessary checks. These firms verify that projects are carried out in accordance with technical specifications, soil surveys, and earthquake regulations. Every action taken during construction must be checked and approved by the building inspection firm.

• Application Location: Licensed building inspection firms
• Required Documents: Building permit and projects

7. Construction Begins

Construction can begin after obtaining the building permit and signing an agreement with a building inspection firm. During construction, the municipality and the building inspection firm conduct regular inspections to ensure the process complies with regulations. The correct use of materials, occupational safety measures, and other technical aspects must be carefully monitored during construction.

8. Building Occupancy Permit (Occupancy Permit)

After construction is complete, an occupancy permit is required for the building to be used. This document certifies that the building has been constructed according to the plans and is suitable for habitation. The occupancy permit is issued by the municipality, and a building inspection firm also conducts final checks and submits a report during this process. Until an occupancy permit is obtained, the building is not officially considered open for use.

• Application Location: Municipality's Department of Planning and Urban Development
• Required Documents: Construction site inspection reports, building inspection reports, project plans.
• Prerequisites: Construction must be completed in accordance with the plans and regulations.

9. Property Registration Procedures

After obtaining the occupancy permit, the constructed building must be registered in the land registry. Land registration means legally recording the building in the land registry and identifying the independent sections of the building. Land registration procedures are carried out at the land registry office upon the application of the building owner.

• Application Location: Land Registry Office
• Required Documents: Building occupancy permit (habitation permit), title deed information.

10. Conclusion

Construction is subject to rigorous legal and technical procedures. Steps such as zoning regulations, soil surveys, project preparation, and obtaining building permits from the municipality must be carefully followed. Furthermore, the agreement with the building inspection firm and the inspections carried out during construction are crucial parts of the process. Finally, upon completion of construction, an occupancy permit must be obtained and title registration procedures must be completed. Since all these stages involve legal requirements, their complete and accurate execution is essential for the legal completion of the construction.