Primary liability rests with the contractor carrying out the work. However, building management is not entirely exempt as the party procuring the service: failing to remove a known hazard in common areas, engaging an uncertified contractor, or allowing unsupervised work can bring management into scope. The way to reduce that risk is to choose a certified contractor and set liability out explicitly in a written contract.
This is the area building managements know least about and are most affected by when something goes wrong. A few legal headings determine how the process unfolds.
The contractor’s responsibility
Under Turkish Occupational Health and Safety Law No. 6331, ensuring the safety of employees is the employer’s obligation. Detailed rules for work at height are set out in the Regulation on Occupational Health and Safety in Construction Work. Equipment inspection, risk assessment, training and personal protective equipment are the contractor’s responsibility.
Where building management stands
Under Article 38 of the Turkish Condominium Law No. 634, the manager is liable to the unit owners as an agent. That is, management must act with due care when procuring work affecting common areas.
In practice, management’s liability typically comes into play when:
- A known hazard in a common area (a crumbling parapet, a loose anchor point, a broken roof hatch) is not disclosed to the contractor
- An uncertified, uninsured or undeclared team is engaged
- Management sees that the area below the work is not cordoned off and does nothing
- Work is commissioned with no contract and nothing in writing
How management protects itself
- Use a written contract. State explicitly that all occupational health and safety obligations, and any legal, financial and criminal liability arising, rest with the contractor.
- Ask for certificates and file them. Work-at-height certificate, OHS certificate and, if held, IRATA certification — take copies and record them in the management minutes.
- Confirm insurance in writing. Ask whether professional liability and employer’s liability cover are in place.
- Disclose known hazards. Report every known defect on the roof, parapet or facade in writing before work starts.
- Pass a management resolution. Work started on one person’s initiative creates problems later.
These steps place liability where it belongs and evidence that the manager met their duty of care towards the unit owners.
The risk of undeclared work
Quotes markedly below market are usually a sign of uninsured work. In an accident involving such a team, the legal and financial consequences for management far exceed the amount saved.
Frequently asked questions
Is building management liable if there is an accident during facade work?
Primary liability rests with the contractor. However, management can be brought into scope if it failed to disclose a known hazard in common areas, engaged an uncertified contractor, or allowed unsupervised work.
How can building management protect itself?
Use a written contract stating that OHS liability rests with the contractor, obtain and file work-at-height and OHS certificates, confirm insurance in writing, disclose known hazards in writing, and pass a formal management resolution.
What does the Condominium Law say about the manager’s liability?
Under Article 38 of Law No. 634, the manager is liable to unit owners as an agent and must act with due care in matters affecting common areas.