Strict Liability Of The Building Owner

Introduction

Under Turkish Contract Law, cases of strict liability are regulated to strengthen the protection of the injured party and ensure the fair distribution of social risks. In this context, Article 69 of the Turkish Code of Obligations No. 6098 specifically addresses the liability of the building owner and provides for liability without requiring fault. This provision is based on the principle that the risks arising from buildings and other structures must be borne directly by the owner.

The strict liability of the building owner has gained even greater importance today, particularly due to increasing urbanization, the proliferation of high-rise buildings, and the complex technical characteristics of structures. In this article, the liability of the building owner—based on Article 69 of the Turkish Code of Obligations—will be examined in terms of its scope, conditions, limits of liability, and practical implications.