Yapı Denetim Kuruluşuna İmar Kanunu Kapsamında Para Cezası Verilip Verilemeyeceği Hakkında Bir İnceleme: Yapı Denetim Kuruluşlarının Fennî Mesuliyet Sorumlulukları

In law enforcement in our country building inspection work is done at local level. In this context, administrations charged with building inspection are municipalities and special provincial administrations. However, municipalities and special provincial administrations also receive technical support from some private persons on building inspections. Construction supervisors and technical officers are among the primary technical supporters to public administrations in the field of building supervision. In some cases, fines are issued by the special provincial administration council or the municipal council to the building inspection companies under the Zoning Code. These fines imposed on building inspection firms should be the subject of litigation. In cases related to these penalties it has been observed that the judiciary first adopted the view that these companies cannot be punished according to the zoning law. Later, it was understood that the judiciary started to turn from this view. In this study, these verdicts of the judiciary analyzed; the issue of whether an administrative fine can be imposed on the building inspection company according to the Zoning Law has been examined.