Scope and function of building control authority of administration

This thesis aims to examine the building control system that is being applied in our country with a comprehensive approach. In this context, while focusing on the scope and function of the building control authority of the administration, supervisory roles of the building control organizations involved in this process will be emphasized. One of the most important factors in the preparation of this study is the fact that no extensive research has been made and the resources are not up-to-date regarding the newly introduced building control system. For this purpose, it is aimed to analyze the function of the administration and the various roles played by the building control organizations and other persons in the context of the recent legislative changes. The building control authority of the administration includes elements specific to both public service and law enforcement activities; and when the supervision and surveillance power of the administration and the participation of the building control organizations in this activity are evaluated together, it is understood that the nature of law enforcement is dominant. With the current legal amendments, the administration's intervention in building control organizations has been extended as it was given the authority to determine the content and the reasons for termination of the contract and besides determining the party of the contract through the electronic assignment system. With the points where these contracts differ from private law contracts and with the increasing authority of the administration, an atypical contract quality has come to the fore. As a requirement of the law enforcement nature, it is argued that the function of the administration in building control should be made more effective and and the building control system should operate without the need for a contractual relationship. Thus, it is claimed that the inconveniences of the private law relationship will be eliminated, commercial concerns will decrease and that it will be possible for the building control organizations to carry out impartial and independent activities. Key Words:Building control contracts,building control organization,law enforcement