It is Necessary To Make an Expert Report and Make an Appropriate Decision on Whether The Technical Regulations  Has Been Performed Through Expert Experts

24 Jun It is Necessary To Make an Expert Report and Make an Appropriate Decision on Whether The Technical Regulations  Has Been Performed Through Expert Experts

Supreme Court Of The Republic Of Turkey

3.Legal Department
Basis: 2016/8767
Verdict: 2016/10150
Decision Date: 27.06.2016

CASE OF TEMPORARY SUBSCRIPTION FACILITY – THE NEED TO PREPARE AN EXPERT REPORT AND MAKE AN APPROPRIATE DECISION ON WHETHER THE FENNI REQUIREMENTS HAVE BEEN MET – INCOMPLETE REVIEW – THE PROVISION HAS BEEN BROKEN

Summary: court; provisional 11 of law 3194.in accordance to the subject of litigation, building roads, water, telephone, sewer, infrastructure services such as natural gas, were taken there in case it is determined that one or more of the first in the construction of the immovable in accordance with the relevant regulations of the technical requirements has been fulfilled through discovery and expert witnesses on whether or not the expert report to be prepared by a proper decision should be made; otherwise, the provision is against the law and procedures of the facility based on the review missing, and requires you to break it.

(3194 P. K. m. 30, 31)

Case and decision: as a result of the court’s trial of the temporary subscription facility case between the parties, the decision to dismiss the case was appealed by the attorney of the plaintiff within the period; after the decision was made to accept the appeal, the papers in the file were read and considered necessary:

The attorney of the plaintiff requested and sued the defendant to provide electricity subscription to the plaintiff’s residence, claiming that the institution did not accept the application, and that electricity was the basic need to establish a temporary subscription.

The defendant’s attorney, with a response petition, asked for the dismissal of the case.

The court decided to dismiss the case, and the sentence was appealed by the attorney of the plaintiff.

The subject matter of the lawsuit is fixed with the contents of the file where the building’s permission to be inhabited was not obtained. 30 and 31 of the Zoning Law No. 3194. according to the provisions of the articles, subscription facilities are not possible in places where there is no permit to use the structure. However,; before the case, the Electricity Market Law No. 5784, which was published in the Official Gazette dated 26.07.2008 and entered into force, and some laws were also amended by law 25.additional temporary 11 added to the Zoning Law No. 3194 in Article.article, ” until the date of entry into force of this article, the building (construction) license has been obtained and made accordingly, and the buildings that are not allowed to use and are not received; roads, electricity, water, telephone, sewer, natural gas infrastructure services such as one or more of the documentation that was taken in accordance with the relevant regulations and the technical requirements have been met to be applied from the date of publication of this article on received permission to use a user group that is defined in the relevant legislation belongs to temporarily until consideration of water and/or electricity can be connected. In this context, connecting water and/or electricity does not constitute any acquired rights, as its subscription will be cancelled in the event of a request from the relevant municipality to the distribution companies to cut off electricity. However, the building (construction) license has been obtained and the requirement to be built accordingly does not apply to buildings that were built before 12/10/2004.”the decision has been made.

In a concrete case, the building license is dated May 2007, the residence has a natural gas subscription and the temporary Annex 11 added to the Zoning Law No. 3194. research is required in accordance with the article.

By the court; provisional 11 of law 3194.in accordance to the subject of litigation, building roads, water, telephone, sewer, infrastructure services such as natural gas, were taken there in case it is determined that one or more of the first in the construction of the immovable in accordance with the relevant regulations of the technical requirements has been fulfilled through discovery and expert witnesses on whether or not the expert report to be prepared by a proper decision should be made when based on the review procedures and the provision of the facility in writing Missing is against the law, and requires you to break it.

Conclusion: without regard to the principles described above, the provision in writing is not accurate, and since appeals are in place for these reasons, the provision is HUMK with acceptance.nun 428.in accordance with the article, it was decided unanimously on 27.06.2016 to overturn and return the appeal fee received in advance to the appellant upon request. (¤¤)