The Regulation Amending the Elevator Periodic Inspection Regulation (“Amendment Regulation”) has been published in the Official Gazette dated August 5, 2025. The important changes brought about by the Amendment Regulation are presented below for your attention.
Elevator Periodic Inspection Regulation (“Regulation”) Article 14 “(6) If the relevant authority wishes to unilaterally terminate the protocol, the termination condition specified in the protocol pursuant to paragraph (f) of the fifth paragraph shall be notified to the Ministry at least 15 days prior to the termination date, along with the reason for termination. This notification shall be made using the Protocol Termination Notification Form, the format of which is determined by the Ministry.” With this amendment, the unilateral termination of the protocol by the relevant authorities is now subject to a specific procedure. Accordingly, when deciding to terminate the agreement, the administration must clearly state which termination condition in the protocol it is relying on and notify the Ministry of this reason at least 15 days prior to the termination date. Furthermore, this notification shall be made using the standard Protocol Termination Notification Form specified by the Ministry.
Article 37 of the Regulation, titled “Provisions to be applied in cases of non-compliance,” has been amended as follows.
Provisions applicable to misconduct
ARTICLE 37
(1) In case the building owner, elevator installer, or authorized service acts in violation of the procedures and principles set forth in the Regulation, an administrative fine shall be imposed by the Ministry pursuant to Article 6 of Law No. 1705. However, in the first sentence, it is stated that no administrative fine shall be applied due to the failure to remedy the non-compliances regarding the information on building owner/floor number and the color of the identification label indicated in Article 11, tenth paragraph.
Provisions applicable to misconduct
ARTICLE 37
(1) Any acts in violation of this Regulation by an A type inspection body shall be subject to an administrative fine pursuant to the first paragraph (d) subparagraph of Article 20 of Law No. 7223 and/or, in the event of the circumstances specified in the second, third, and fourth paragraphs of Article 7 the authorization of the A type inspection body shall be suspended or revoked by the Ministry
(2) Any action contrary to this Regulation, specified by an A-type inspection organization, is subject to an administrative fine pursuant to Article 6 of Law No. 1705 by the Ministry of Industry and Technology, and/or pursuant to Article 11 of the same Law, in the cases indicated in the first and second clauses.
(2) Any elevator installed or acted upon contrary to this Regulation, by its authorized service or the person responsible, shall be subject to the administrative fine pursuant to Article 6 of Law No. 1705 by the Ministry of Industry and Technology. However, the building owner or the floor owners shall not be subject to the administrative fine if the information indicated in blue in the tenth paragraph of Article 11 is provided.
(3) The protocol made by the Type A inspection organization whose authorization has been revoked by the Ministry shall be unilaterally terminated by the relevant administration.
(3) The decision regarding administrative fines imposed under Law No. 7223 shall be made by the relevant deputy minister if the inspection is carried out by Ministry personnel, or by the relevant provincial director if the inspection is carried out by Provincial Directorate personnel.
(4) The protocol made by the Type A inspection organization whose authorization has been revoked by the Ministry shall be unilaterally terminated by the relevant administration.
- The first paragraph has amended the administrative penalty provisions previously applicable to building managers, elevator installers, or authorized service providers, and responsibility has been shifted directly to Type A inspection organizations.
- The administrative fine imposed on Type A inspection organizations under the second paragraph has been abolished and replaced with fines imposed on elevator installers, authorized service providers, building managers, and the relevant authorities.
- The basis for the administrative fines to be imposed in accordance with these provisions is now Law No. 7223 on Product Safety and Technical Regulations, whereas previously it was Law No. 1705.
- In addition, the authority to impose administrative fines has been clarified, with the relevant deputy minister authorized to do so if the inspection is carried out by Ministry personnel, and the Provincial Director authorized to do so if the inspection is carried out by Provincial Directorate personnel.
- The provision regarding the unilateral termination of the protocol of a Type A inspection body whose authorization has been revoked by the relevant authority has been retained.
It is observed that criminal liabilities are defined more clearly and that Type A inspection organizations and other building managers are subject to administrative fines under different legal bases. Such as:
- Type A inspection body → Administrative fines are imposed when it fails to perform its duties impartially, accurately, and in accordance with the law, when it issues incorrect reports, or when it compromises its independence.
- Building manager, installer, service provider, administration → Administrative fines will be imposed when they cause unsafe elevators to be placed on the market, maintenance deficiencies, failure to perform periodic inspections, or unsafe use.
You can access the full text of the Amendment Regulation at https://www.resmigazete.gov.tr/eskiler/2025/08/20250805-1.htm
Best Regards,
Balay, Eryiğit & Erten
