BYKHY for Existing Buildings: Which Provisions Apply

Which part of the fire regulation applies to a building is a decision to be made before any system calculation. The Turkish Regulation on Fire Protection of Buildings (BYKHY) sets aside a separate part for existing buildings: Part Ten (Articles 138-167). This part gives escape, sprinkler, hose cabinet and fire brigade connection thresholds that differ from those for new buildings and are often more lenient; but not every old building can use it.

This article relies on two documents only: the BYKHY text including the 9/7/2015 amendment (72 pages) and the BYKHY Guide of December 2024 by the Ministry of Environment, Urbanisation and Climate Change (268 pages). The Guide describes itself as guidance, and where it conflicts with legislation the legislation in force prevails (Guide p.3). For sprinkler thresholds in new buildings see buildings requiring sprinklers in Turkey.

What Is an Existing Building: Article 4(ff)

Article 4(1)(ff) defines an existing building as "a structure, building, facility or establishment whose building permit was obtained before this Regulation came into force and which is under construction or completed". The Regulation was published in Official Gazette No. 26735 of 19/12/2007 and, under Article 170, comes into force on its date of publication. The cut-off date is therefore 19.12.2007; what decides is not the age of the building but the date of its building permit.

The Guide expands the definition on two points:

• Approved drawings. Structures, buildings, facilities and establishments whose building permit application drawings were approved by the relevant authority before 19/12/2007 also count as existing buildings (Guide, Article 138(4), p.217).
• The 2002 regulation period. According to Figure 4.1.ff of the Guide, a building permitted between 26.07.2002 and 19.12.2007 and under construction or completed is an existing building, but is subject to the Regulation on Fire Protection of Buildings dated 26.07.2002 (Guide p.27).

Article 138(2) gives the consequence for this second group: in existing buildings where fire measures compliant with the regulation brought into force by Council of Ministers Decision 2002/4390 of 12/6/2002 have been taken, the rule is that no additional measures are required under this Regulation; the owner may take additional measures if desired.

Which Existing Buildings Are Treated as New

Article 138(1) draws the scope of Part Ten with a list of exceptions. Buildings whose use is changed after the Regulation came into force so that they will be used for the following cannot rely on Part Ten:

• healthcare buildings and facilities where a physical or mental illness or disability is treated or cared for, or used for the care of young children, convalescents or elderly people in need of care, and residential healthcare institutions,
• kindergartens, nurseries, children's clubs, primary schools and children's homes,
• entertainment venues and buildings and facilities used for accommodation,
• buildings where hazardous materials will be kept.

Article 139 gives the counterpart: these buildings follow the provisions of the other parts of the Regulation, that is the new-building rules. The Guide makes this concrete with an example and takes it one step further: a building used as a hospital since 2000 is assessed as an existing building as long as there is no major alteration; in the case of a major alteration (being subject to an alteration permit) or a change of use such as converting the hospital into a hotel, it is assessed as a new building (Guide, commentary on Article 138, p.217).

Article 138(3) (2015 text) says that Part Ten also applies to other existing buildings whose use was changed after the Regulation came into force; the cross-reference in the text reads "buildings other than those listed in subparagraph (b) of the second paragraph of Article 2". Because Article 2(2) is not divided into subparagraphs in the 2015 text, where there is doubt about the scope of this reference, the opinion of the authority competent to issue building permits governs under Article 144.

General Provisions of Part Ten: Articles 140-144

• Article 140. Article 112(1)(j), which requires a device at the main entrance of certain buildings in earthquake zones to cut the gas flow on shaking, does not apply to existing buildings where a natural gas installation has already been made.
• Article 141. Where a use in the building requires an additional exit or a rearrangement of the escape stairs, the owner or the unit owners have an additional exit or escape stair built for the whole building, considering the building as a whole. Provided consent is obtained and no extra storey is added, a joint solution with the neighbouring plot or building can be produced (141(2)).
• Article 142. Where sprinklers, hose cabinets or fire brigade outlets are required, the main water inlet line and the main risers are built by the owner or the unit owners.
• Article 143. Where a detection system is required, the main panel of the detection or warning system is installed by the owner or the unit owners so that it serves the whole building.
• Article 144. For matters not specified or unclear in this Part, the opinion of the authority competent to issue building permits governs. The Guide describes as the right approach that the authority carries out an on-site assessment if needed and, particularly for buildings that need an operating licence, that the conformity opinion of the relevant fire brigade is obtained before implementation (Guide p.219).

Article 145 also applies Article 23(4) on structural stability to existing buildings; that paragraph requires steel to be suitably insulated against heat in steel buildings other than single-storey buildings with an area below 5000 m2.

Escape Provisions: Articles 146-159

The largest section of Part Ten is escape routes. Article 146(1) sets the starting point: for escape routes in existing buildings other than hospitals, hotels, nursing homes, primary schools, nurseries and similar, Article 31 is the basis, and the concessions of this article are also accepted. The Guide adds that these premises are assessed as new buildings and that meeting Article 31 is the rule (Guide p.220).

The Guide gives an example for 148(1)(a): for a 5000 m2 shop, the Annex 5/A occupant load factor is 5 m2 per person, so there are 1000 users, and the total exit width in an existing building is 1000 x 0.4 = 400 cm (Guide p.222).

Other escape concessions and conditions:

• Window as escape route (146(2)-(3)). If the first floor has no more than 25 users, a window opening onto a safe area, at most 4 m above the outside ground, with an openable leaf at least 70 cm wide and high, counts as an escape route when necessary. Provided the floor has no more than 50 people, in buildings no higher than 30.50 m the escape stair may be reached through a window; a parapet of at most 80 cm, a clear opening of at least 70/140 cm, a step up to the parapet and passage materials resisting fire for at least 30 minutes are required together.
• Reaching the stair through a room (146(3)(b)). Allowed if the room door is self-closing and kept unlocked and the distance from the room door to the stair does not exceed 9 m.
• Travel distance (147). Occupant load comes from Annex 5/A and travel distance limits from Annex 14. If the circulation stairs are protected, the shafts are protected horizontally and no readily flammable materials are used on the floors, the Annex 14 distances are increased by one half (147(4)). A ground-floor shop with fewer than 50 users and a travel distance of no more than 25 m needs only one exit (147(6)).
• Fire safety lobby (149). In existing non-residential buildings with a structure height above 30.50 m, if the stair is entered directly without passing through a lobby, corridor or hall and the stair is not pressurised, Article 34 applies. If the stair doors open onto a corridor or hall that contains no flammables and is separated from the occupied areas by a door, a lobby is not mandatory.
• Where the stair ends (151(1)(b)). The escape stair is taken down to natural ground; if that is impossible it may end 3 m above the ground. In education, healthcare and entertainment buildings, accommodation with more than 50 users and all buildings with more than 100 users, it must reach natural ground.
• Stair geometry (152-154). Riser at most 18 cm, tread at least 20 cm, headroom at least 210 cm. External escape stairs are allowed up to a building height of 51.50 m for residential and 30.50 m for other buildings if there are no unprotected wall openings within 1.8 m. Spiral stairs can serve up to 100 people per floor, at least 70 cm wide (80 cm above 60 people), up to 51.50 m in residential and 30.50 m in other buildings.
• Ventilation and pressurisation (155, 163). All escape stairs higher than 30.50 m are ventilated naturally or mechanically, or pressurised; stairs above 51.50 m or serving more than four basement levels must be pressurised.
• Basements (156). An alternative second exit is mandatory where gas is used in a non-residential basement kitchen, where a basement open to the public has more than 25 people (50 if it has a direct exit outside), or where manufacturing, production or storage takes place in a multi-level basement.
• Doors (157). Escape stair doors resist fire for at least 60 minutes where the structure height is below 30.50 m and at least 90 minutes at 30.50 m and above, and are smoke-tight; width at least 70 cm, height at least 190 cm. In spaces with more than 50 people doors open in the direction of escape; above 100 people on a floor, stair doors have panic bars and open with at most 110 N.
• Residential buildings (158). Existing residential buildings with a structure height below 30.50 m need no second exit. Between 30.50 and 51.50 m one stair is enough if the main stair is a protected escape stair; if it is an internal stair, pressurisation activated by a call point or by the detection system is needed. Residential buildings above 51.50 m need 2 stairs, one of them protected and pressurised.
• Factories, shops, warehouses, offices (159). At least 2 independent escape stairs are needed; one stair is enough when all five conditions are met together: structure height below 21.50 m, fewer than 50 people per floor, travel distances in line with Annex 14, construction with non-combustible products, and no readily flammable materials in manufacturing and storage.

For escape rules in new buildings see escape routes and stairs in Turkey.

Sprinklers: Article 165(1)

Article 165(1) lists where sprinkler systems apply in existing buildings "with the other provisions of Article 96 reserved". Table 165.1 of the Guide places this list side by side with Article 96(2) for new buildings (Guide p.232):

Three differences matter most. First, 165(1)(a) measures building height while 96(2)(a) measures structure height; the two are defined separately in Article 4 and can give different results for the same building. Second, an existing office building reaches the sprinkler threshold at 51.50 m, not at 30.50 m. Third, 165(1)(ç) does not list dormitories; a building later converted into a children's home already falls under the new-building rules through Article 139.

The phrase "with the other provisions reserved" shows that the other paragraphs of Article 96 also apply in existing buildings: spaces where sprinklers may be omitted (96(3)), materials that react with water (96(4)) and design to TS EN 12845 (96(5)). To work through the new or existing building decision step by step, use the Turkey sprinkler requirement checker.

Other System Provisions: Articles 160-167

For the new-building rules on hose cabinets and hydrants see hose reels and hydrants in Turkey.

Deadlines and Transitional Articles

Under Transitional Article 1 as reproduced in the Guide, the measures required for existing buildings in Part Ten are carried out within 1 year by the building owner and manager and by heads of institutions; if construction of the required installation has started within that period, the authority may allow a construction period not exceeding 1 year (Guide p.239). Transitional Article 1 in the 2015 text sets two rules for the 9/7/2015 amendment: buildings permitted, or put out to tender, before that date continue under the previous provisions; and in existing buildings with measures compliant with the Regulation, the rule is that no additional measures are required under the amended provisions.

The Guide also includes provision 138(5) for existing buildings in the use class of Article 7(12) and Transitional Article 3, which requires measures in these buildings to be taken by 31/12/2023 (Guide p.217-218, 240). These provisions are not in the 2015 text; the current text should be checked in the Official Gazette.

Decision Sequence

1. Read the building permit date (or the approval date of the permit drawings) from the document: is it before 19.12.2007 (Article 4(ff), Guide 138(4))?
2. If the permit falls between 26.07.2002 and 19.12.2007, check whether measures compliant with the 2002 regulation were taken (Article 138(2)).
3. Has the use changed to one on the 138(1) list? If so, the new-building rules apply (Article 139).
4. Is there a major alteration requiring an alteration permit? If so, assess as a new building (Guide).
5. Otherwise apply Part Ten: escape 146-159, sprinklers 165(1), hose cabinets 164(2), fire brigade connection 166, detection 161.
6. For matters not covered or unclear, obtain the competent authority's opinion in writing (Article 144).

Checklist

• ☐ Building permit and approved drawing dates on file (Article 4(ff); Guide 138(4))
• ☐ The use on the permit compared with today's use (Articles 138(1), 139)
• ☐ Established whether any work requires an alteration permit (Guide)
• ☐ Existing measures documented for buildings from the 2002 regulation period (Article 138(2))
• ☐ Escape width checked with 148(1)(a) (users x 0.4 cm), number of exits with 150(1)(a)
• ☐ Stair, door, basement and fire safety lobby conditions checked with 149-157
• ☐ Sprinkler requirement assessed against the 165(1) items, using building height
• ☐ If sprinklers are required, the design follows TS EN 12845 (Article 96(5))
• ☐ Hose cabinets checked with 164(2), fire brigade inlet connection with 166
• ☐ Main lines, main risers and the detection panel planned to be built by the owner or unit owners (Articles 141-143)
• ☐ Opinions of the authority and the fire brigade obtained in writing for unclear matters (Article 144)

Frequently Asked Questions

What is an existing building under BYKHY?

Under Article 4(1)(ff), an existing building is a structure, building, facility or establishment whose building permit was obtained before the Regulation came into force and which is under construction or completed. The Regulation was published in the Official Gazette of 19/12/2007 and, under Article 170, came into force on publication, so the cut-off is 19.12.2007. According to the 2024 Guide, buildings whose permit application drawings were approved by the authority before that date also count as existing (Guide, Article 138(4)).

Which provisions apply if the use of an existing building changes?

Under Article 139, buildings whose use was changed after the Regulation came into force to one of the uses listed in Article 138(1) (healthcare and care, residential healthcare, kindergartens, nurseries, children's clubs, primary schools, children's homes, entertainment venues, accommodation, buildings holding hazardous materials) follow the provisions of the other parts of the Regulation, that is the new-building rules. The Guide adds that a building undergoing a major alteration (one subject to an alteration permit) is assessed as a new building.

When are sprinklers mandatory in an existing building?

Article 165(1), with the other provisions of Article 96 reserved, lists six cases: buildings other than residential and office buildings with a building height above 30.50 m; office buildings with a structure height above 51.50 m; enclosed car parks with a total area above 1000 m2, or where more than 10 vehicles are taken by lift; hotels, guest houses and hostels with more than 200 beds in a building of more than two storeys; multi-storey shops, shopping and entertainment venues, congress and meeting halls with a total construction area above 3000 m2; and multi-storey warehouses holding readily flammable materials with an enclosed area above 2000 m2 in basements or 4000 m2 on other floors.

Does a building built under the 2002 regulation need new measures?

Under Article 138(2), in existing buildings where fire measures compliant with the regulation brought into force by Council of Ministers Decision 2002/4390 of 12/6/2002 have been taken, the rule is that no additional measures are required under this Regulation; the owner may take additional measures if desired. According to the Guide's diagram, buildings permitted between 26.07.2002 and 19.12.2007 are existing buildings but are subject to the 2002 regulation.

References

1. Regulation on Fire Protection of Buildings (Binaların Yangından Korunması Hakkında Yönetmelik), Official Gazette 19/12/2007-26735; amendments OG 09/09/2009-27344, OG 05/04/2012-28255, OG 09/07/2015-29411 (72-page consolidated text). Articles used: 2 (p.2), 4(1)(h), (ff) and (bbb) (p.2-4), 23(4) (p.10), 31 and 33 (p.13-14), 34 (p.14), 39 (p.15), 94 (p.33), 96 (p.34-35), 97 (p.35), 112(1)(j) (p.42), 138-144 (p.50), 145-158 (p.51-53), 159-165 (p.54-55), 166-167 (p.55), 170 and Transitional Article 1 (p.56).
2. Ministry of Environment, Urbanisation and Climate Change of Türkiye, General Directorate of Professional Services, Binaların Yangından Korunması Hakkında Yönetmelik Kılavuzu (BYKHY Guide), December 2024. Pages used: p.3, Figure 4.1.ff (p.27), commentary on Articles 138-144 (p.217-219), Articles 146-150 and Table 150.1.a (p.220-224), Table 164.2 (p.231), Article 165 and Table 165.1 (p.232), Transitional Articles 1 and 3 (p.239-240).
3. Sprinkler thresholds in new buildings: https://selvi.org/en/blog/bykhy/buildings-requiring-sprinklers-in-turkey
4. Escape routes and stairs: https://selvi.org/en/blog/bykhy/escape-routes-and-stairs-turkey
5. Hose reels and hydrants: https://selvi.org/en/blog/bykhy/hose-reels-and-hydrants-turkey
6. Turkey sprinkler requirement checker: https://selvi.org/en/calculators/turkey-sprinkler-requirement-checker

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