Contractual Responsibility of Building Inspection Organizations to the Building Owner due to Damages Caused by the Earthquake

In earthquakes that occur in our country, many structures that were not built in accordance with the determined rules and standards are damaged. The main reason for earthquake-induced damages is the failure of those involved in the construction process (architects, engineers, workers, etc.) to comply with the determined rules and standards. For this reason, it is possible to reduce the destructive effect of an earthquake on buildings only by ensuring that those who take part in the construction process of the buildings act in accordance with these rules and standards. Until the Marmara earthquake in 1999, public institutions and organizations were inspecting whether the building was built in accordance with the aforementioned rules and standards. However, the damage caused by the Marmara Earthquake showed that the inspection was not effective and sufficient. For this reason, it was accepted as a principle that the building inspection should be carried out through the building inspection institutions to be established by people with expertise in this field. According to the Law on Building Inspection, the building inspection activity is carried out in accordance with the building inspection contract concluded between the building inspection institutions and the owner of the building. Building inspection organizations are obliged to the owner of the building to inspect whether the building has been built in accordance with the rules and standards stipulated in order to ensure the safety of life and property. Failure of the building inspection institutions to fully or duly fulfill their obligations arising from the construction inspection contract constitutes an act against the contract. The owner of the building, who has suffered damage due to the act contrary to the contract, may demand compensation from the building inspection company in accordance with the provisions of the contract.