Building control in terms of Administrative Law

Most of the land of the Republic of Turkey is located in one of the most active earthquake zones on Earth. In addition, most of the population lives in high-risk earthquake zones. The magnitude of life and property losses experienced in earthquakes in the past has revealed the necessity of carrying out the construction production process under the strict supervision of the state. Technological developments in the world are preventing all activities of public nature from being carried out by the administration itself. The fact that the understanding of social state becomes more and more effective in the field makes it impossible for all activities to be carried out by the administration. Especially the results of the earthquakes and other disasters in the past have shown that there have been problems in the control of the construction activities which are in close relation with life and property safety and that the administrations fulfill their duties in full. For this reason, the Law No. 4708 On Building Inspection came into force in 2001 in order to ensure the technical quality, independent and objective construction control. Building inspection organizations, who have special legal entity, assigned to carry out construction during control activities, carrying out these duties within the contractual relationship with the construction owner, also carry responsibility in the face of administrative bodies determined by Law on Building Inspection. The public character of the building control activity complicates the relations between the incumbents involved in this activity and makes it difficult to determine the legal character of the activities of the building inspection organizations. All these complex relationships require a legal review of building inspection activity. During the building control activities, many administrative acts are establishing as a requirement of the legal relations between the building owner, the building inspection organizations, the local authority and the central administration. The evaluation and interpretation of these transactions in terms of principles of administrative law is important in terms of balancing public interests and the rights and interests of building owners. In this context, the first part of our study examines the concept of building control, its genesis, its development and legal sources. In the second part, the execution of the building control activities by the building inspection organizations appointed by law for the building audit activity is evaluated. The third part examines the liabilities and responsibilities of the building inspection organization. Keywords: Building Control, Building Inspection Organizations, Building Control Contract, Rights of Property, Enforcement about Zoning, Fundamental Principles, Public Activity.