Once a building has been completed, or once the parts of the building that can be partially occupied have been completed, it is mandatory to obtain an official permit from the relevant authority upon the property owner’s application. This document is referred to as the Building Occupancy Permit (Yapı Kullanma İzin Belgesi), commonly known in Türkiye as the İskan Belgesi.
The issuance of a Building Occupancy Permit indicates that the building has been constructed in accordance with the approved project and applicable regulations. Utility subscriptions for services such as electricity, water, natural gas, and telephone services can only be established for buildings that have an occupancy permit. Buildings without an occupancy permit cannot benefit from such services.
Once the building has been completed in accordance with the building permit and its approved project attachments, the consent or approval of all property owners within the parcel is not required for the issuance of the Building Occupancy Permit. An application by a single property owner and that person’s signature are sufficient for the occupancy permit application (Article 64, Paragraph 11 of the Planned Areas Zoning Regulation – Planlı Alanlar İmar Yönetmeliği).
An important consideration during the issuance of a Building Occupancy Permit is partial occupancy. It is not necessary for all parts of a permitted building, or all independent units within a single building, to obtain occupancy permits at the same time. An occupancy permit may be requested and issued solely for the completed sections. For example, if a building consists of 10 (ten) independent units and only 1 (one) unit has been completed and made ready for use, an occupancy permit may be obtained solely for that particular unit.
In applications for partial occupancy permits, one of the most important requirements is that the building’s common areas must be fully completed. If a building is to receive a partial occupancy permit, all works affecting the building as a whole must be completed. This includes, where applicable, ensuring that the elevator and parking facilities are operational, landscaping has been completed, the shelter is ready for use, garden or boundary walls have been constructed, and all stairway railings and other common safety elements have been installed. Therefore, the issuance of a partial occupancy permit indicates that the building’s common areas are fully completed and ready for use.
One of the most significant issues encountered during the Building Occupancy Permit process occurs when, for various reasons, the building contractor, construction site manager, or project designers refuse to sign the relevant documents. In practice, refusal to sign may sometimes be used by contractors, site managers, or project designers as a means of pursuing financial claims, whether justified or unjustified.
Paragraph 10 of Article 28 of Zoning Law No. 3194 states:
“Where architectural and engineering supervision reports have been prepared by the responsible technical professionals and the completion of the building has been established through a determination report jointly prepared by the building owner, responsible technical professionals, and representatives of the relevant authority, but the procedures for issuing the Building Occupancy Permit cannot be completed due to the building contractor’s failure to fulfil obligations relating to tax and social security premium debts arising from the construction works or other responsibilities, the relevant authority shall determine the situation and issue the Building Occupancy Permit upon the request of the building owner, provided that the building owner is not also the contractor.
A copy of this document shall be sent to the relevant institutions, professional chambers, and the Ministry for registration in the records of the relevant parties and for evaluation.”
The particularly important part of this provision is the principle that where the Building Occupancy Permit process cannot be completed because the building contractor has failed to fulfil obligations arising from construction works—including tax and social security premium liabilities and other responsibilities—the relevant authority may determine the circumstances and issue the Building Occupancy Permit upon the request of a property owner who is not the building contractor.
Signing the Building Occupancy Permit is among the responsibilities of the construction site manager, building contractor, and relevant project designers.
Accordingly, if the building contractor fails to fulfil this responsibility—for example, by refusing to sign the Building Occupancy Permit despite being required to do so—or if the contractor cannot be reached, the relevant authority (Municipality) should proceed with the necessary administrative assessment.
The Municipality should include in the official file the documents demonstrating that the building has been constructed in accordance with the building permit and its approved attachments, or documents demonstrating and proving that the building contractor cannot be reached, together with the agreement between the building contractor and the property owner.
The reason why the contractor’s signature could not be obtained should then be recorded in the section of the Building Occupancy Permit reserved for the contractor’s signature. Following this procedure, the Building Occupancy Permit should be issued without the building contractor’s signature.
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