Turkey's geographical location makes it highly susceptible to earthquakes, which have resulted in considerable loss of life and property over the years. Notable seismic events, such as the 1939 Erzincan earthquake, the 1999 Marmara earthquake, and the recent 2023 Kahramanmaraş earthquakes, have underlined the critical need for stringent building standards and effective disaster management policies. Each catastrophic event has acted as a catalyst for legislative and regulatory changes aimed at mitigating earthquake risks and enhancing the resilience of the built environment.
After the 1999 Marmara earthquake, Turkey introduced comprehensive changes to its building codes, including the Turkish Earthquake Regulation (2007), which set forth modern seismic design requirements. More recently, the devastating 2023 earthquakes have prompted a renewed focus on addressing existing vulnerabilities, particularly through retrofitting at-risk buildings and incorporating sustainable practices in public projects.
In response to recent earthquakes, Turkey has implemented significant legal and regulatory reforms in the construction sector. These reforms address the urgent need for safer buildings and promote environmentally sustainable practices in public infrastructure projects.
This article provides a detailed examination of these legal changes, focusing on retrofitting regulations for risky buildings and the mandatory use of green cement in public procurement.
Post-earthquake legal reforms in construction
Turkey's construction regulations have evolved significantly over the decades. Following the 1939 Erzincan earthquake, the first set of seismic design rules was established under the 1940 Earthquake Code. Subsequent updates to the building codes have generally followed major earthquake events, each revision reflecting advancements in engineering knowledge and risk mitigation strategies.
The 1999 Marmara earthquake marked a turning point, revealing systemic issues in construction practices and enforcement mechanisms. This led to the establishment of stricter inspection protocols and the integration of seismic risk assessments into urban planning. The Turkish Earthquake Regulation (2007) and its successor, the Turkish Building Earthquake Code (2018), introduced rigorous design criteria for new buildings and retrofitting older structures.
The 2023 Kahramanmaraş earthquakes, which caused widespread devastation across 11 provinces, exposed the limitations of existing retrofitting policies and the inadequacy of inspections for older structures. In response, Turkey enacted a series of legal reforms aimed at improving construction standards and enforcing accountability.
Subsequently, the Turkish government amended existing laws and introduced new regulations to enhance building safety. Simplified decision-making processes made the retrofitting of high-risk buildings more accessible. Under the 2024 regulations, a retrofitting permit can now be obtained with the consent of absolute majority of a building's property owners. This change addresses the challenges of decision-making in multi-owner structures, ensuring that retrofitting projects are not delayed due to dissent from a minority of property owners.
New standards have also been introduced for basement construction, limiting their design in flood-prone areas to reduce risks associated with groundwater intrusion and flooding. Additionally, the regulations require that all retrofitting projects adhere to detailed static project reports, ensuring that the modifications meet updated safety standards.
Urban transformation in the context of earthquake resilience and sustainable urbanisation
Urban transformation in Turkey continues to evolve with significant updates in 2024, emphasising resilience against earthquakes and sustainable urbanisation. These reforms, built on the foundation of the Law on the Transformation of Areas Under Disaster Risk (Law No. 6306), now mandate stricter seismic risk assessments, particularly in high-density urban areas. Enhanced financial incentives, such as zero-interest loans and expanded relocation subsidies, have been introduced to ease the economic burden on property owners. New provisions also require the integration of green building practices, including energy-efficient designs and sustainable construction materials, aligning with Turkey's commitments under the Paris Agreement.
To address implementation challenges, the 2023 and 2024 amendments focus on expediting project timelines and increasing stakeholder engagement. Property owners, local governments, and private sector partners are now mandated to participate in joint planning processes, ensuring that urban transformation projects balance safety, sustainability, and community needs. Additionally, stricter oversight mechanisms have been established to prevent delays and ensure compliance with modern construction codes.
These updated policies reflect Turkey's proactive approach to disaster preparedness while fostering equitable and environmentally conscious urban development. Urban transformation is no longer limited to earthquake resilience but also serves as a blueprint for creating inclusive and sustainable cities equipped to face future challenges.
Green cement in public procurement: A sustainability initiative
In line with its environmental objectives, Turkey has introduced a regulation mandating the use of green cement in public construction projects. Published in the Official Gazette on 16 March 2024, the Communiqué on the Promotion of the Use of Green Cement with Low Carbon Emission in Public Procurement Contracts (“Communique”) outlines specific guidelines to reduce the carbon footprint of public infrastructure. The Communique will enter into force on 1 January 2025.
One of the key provisions of the communiqué is the reduction of the clinker/cement ratio to 0.85 and 0.75 gradually, aligning Turkey with European Union standards. Accordingly, the ratio of clinker/cement in cement to be used in public works contracts and procurement tenders with cement-containing goods between 1 January 2025 and 31 December 2029 is limited to a maximum of 0.80 and as of 1 January 2030, the ratio of clinker/cement in cement to be used in public works contracts and procurement tenders with cement-containing goods is limited to a maximum of 0.75. Green cement, characterised by its low clinker content and incorporation of industrial byproducts like fly ash and material left from smelting and recycled metals, significantly lowers carbon dioxide emissions compared to conventional cement. This regulation applies to a wide range of public projects, including roads, bridges, schools, and government buildings.
This mandate represents a critical step in Turkey's journey towards achieving its Net Zero Emissions target by 2053. Moreover, it reflects Turkey's alignment with international agreements such as the Paris Agreement and the European Green Deal, reinforcing its commitment to sustainable development and climate action.
Turkey's legal reforms in the construction sector and its push for sustainable materials in public procurement represent a comprehensive approach to disaster resilience and environmental sustainability. By simplifying retrofitting regulations and mandating green cement in public projects, the government aims to build safer, more eco-friendly urban environments. However, the success of these initiatives depends on robust enforcement, financial support mechanisms, and increased public awareness.
These reforms signal Turkey's commitment to integrating disaster preparedness and sustainability into its legal and policy framework. As these measures are implemented, they have the potential to transform the country’s construction sector, setting an example for sustainable development in disaster-prone regions worldwide.
For further information, please contact Burcu Özkan Düzyol, OGB Law
