While building inspection reports that reveal the soundness of buildings after earthquakes that cause great destruction are on the agenda; experts state that compensation lawsuits can be filed against the contractor who sells buildings that do not comply with the earthquake regulations and zoning, which is called ‘defective goods’ in law.
Possible Istanbul earthquake frightens those living in the megacity…
There are people who apply for building inspection reports in order to test whether their buildings are earthquake resistant or not, as well as many people who do not want the report because they do not know how to proceed in case the result is negative…
Beykent University Administrative Law Department Lecturer Dr Mustafa Yılmaz made explanations about what citizens should do in this process.
A report can be requested through the court
Yılmaz said that building owners can sue the contractor for compensation if the report is unfavourable, and tenants who cannot access the report because their landlords do not allow them to do so can request the report through the court.
Stating that the contractors are responsible for compensation in case the building inspection report comes out as ‘not suitable for earthquake’, Yılmaz said the following on the subject:
“Compensation lawsuits will be filed”
The contractor is the one who makes a commitment on the name of the contractor; ‘I will deliver you a strong, durable, beautiful, advertised apartment that is earthquake resistant and in accordance with the zoning rules’. Compensation lawsuits are filed against the contractor who does not fulfil his commitment, who sells buildings that do not comply with the earthquake regulations and zoning, which we call ‘defective goods’ in law. In these lawsuits, the contractor is responsible whether he is at fault or not. Article 49 of the Code of Obligations states ‘He is obliged to compensate the damage caused by negligence or fault’.
“These lawsuits must be filed in judicial and civil courts”
In the Law of Obligations, we call the responsibility of the building owner ‘strict liability’. For example; even if the worker does not put enough iron, the person who is obliged to supervise that worker is the building owner. In fact, the most important problem in our country stems from the lack of sufficient supervision. In the decisions of the Court of Cassation, it is stated that ‘conscious negligence’ will be applied if not enough qualified materials are used. In cases of conscious negligence, the penalty is further aggravated. In compensation cases, if there is a fault, the person is obliged to pay more compensation. These lawsuits must be filed in judicial and civil courts.
Not knowing whether the buildings are defective or not…
Dr Yılmaz continued as follows:
Citizens can file a lawsuit by saying ‘I had my building tested and saw that it is not a building like the reports given to me. Therefore, I am filing a lawsuit for compensation against the contractor’, adding interest to whatever the value of the building is or whatever price they bought it for. If the studies carried out by technical experts in line with the court reveal an earthquake-resistant situation, building owners, especially contractors, are financially responsible for this. The fact that the building owners do not know that the buildings are defective is also unacceptable according to the law of obligations. Sentences such as ‘I did not know how much iron my worker tied’ are invalid. Therefore, contractors have absolute responsibility.
“It needs to be taken as an example”
Speaking about the path that tenants should follow in this process, Dr Yılmaz used the following statements:
Municipalities test buildings by taking various samples. In fact, according to a statement by the Mayor of the Metropolitan Municipality, samples should be taken from the buildings within the scope of the studies that the municipality wants to carry out on the robustness of the buildings. 70 per cent of the building owners do not allow municipality employees to enter their flats. Therefore, these are not things that can happen immediately. Landlords may not give such documents to their tenants.
“It is necessary to apply to the courts of peace by saying ‘is my building sound'”
Tenants can ask their landlords, ‘Is the house I live in earthquake resistant or not, can you give me information about this? Because my life is in danger’ and demand this from the landlords. Landlords are also obliged to give these reports to their tenants, and they must give them. If they do not, it is possible to request them through the court and an evidential determination can be made. It is necessary to apply to the magistrate courts by saying ‘is my building solid, I want evidence determination on this issue’.
“Actually, there’s a grave there”
Stating that zoning amnesty is a murder, Dr Yılmaz said the following about this issue:
We give a premium to those who do lawlessness and lawlessness in a way that will end their own lives. An unstable building was built, but it can benefit from zoning amnesty. Since there is a lot of rent in zoning in our country, people are trying to turn the corner very quickly here, trying to arrange covers for illegal works. I say this as a citizen; it should not be done. Politicians have been making all these legal by issuing zoning amnesty for a long time. It is still legal, but it is not durable. There is actually a grave there. In that respect, zoning amnesties should not be issued.
“Zoning amnesty should not be allowed because it is a complete murder”
We last worked under the zoning peace in 2018. The zoning amnesty law was enacted. Under the law, ‘There is no responsibility of the administration and politicians in any way. All responsibility belongs to me’. In fact, you are signing your death warrant. Our administrators and politicians should not apply for zoning amnesty. Since zoning amnesty is a complete murder, it should not be allowed. Citizens should not demand this either. I think that even in the constitution, a provision should be made that ‘zoning amnesty cannot be issued’.
You can access our other article examples and petition examples by clicking