The Turkish Regulation on Fire Protection of Buildings (BYKHY) covers all kinds of structures, buildings and facilities in the country, and open and enclosed area operations (BYKHY Article 2(1)). The answer to the scope question starts with the existence of a structure, not with the building type. There is no general exemption list; there is only a special provision, for structures of the Turkish Armed Forces and for nuclear facilities, that gives the power to determine fire measures to another body (BYKHY Article 2(3)).
On site the question "is this building subject to the Regulation?" comes up very often. The question is framed wrongly. The right question is: which provisions of the Regulation are triggered by this structure's use class, height, area and occupant load? This article explains the purpose and scope articles, the existing building regime and the relationship with other legislation, based directly on the text published in the Official Gazette.
What the purpose article aims at
The purpose article defines the Regulation's aim in two stages: minimising fires that may break out during the design, construction, operation, maintenance and use phases of all kinds of structures, buildings, facilities and operations used by public bodies and institutions, private organisations and natural persons, and extinguishing any fire that does break out while minimising loss of life and property (BYKHY Article 1).
This definition has two practical consequences. First, the Regulation explicitly lists not only design but also the operation, maintenance and use phases; the approved design is not the point where the obligation ends but the point where it begins. Second, the aim is not only extinguishing but minimising fires; in other words, passive measures come before active systems.
Scope: everything that "counts as a structure"
The scope article consists of two paragraphs. The Regulation covers the fire prevention and extinguishing measures to be taken in all kinds of structures, buildings and facilities in the country and in open and enclosed area operations; and, in order to minimise the hazards that fire may cause to the safety of life and property through heat, smoke, toxic gas, asphyxiating gas and panic, the principles of design, construction, use, maintenance and operation of structures, buildings, facilities and operations (BYKHY Article 2(1)).
The real breadth of the scope lies in the second paragraph: fixed and mobile installations on land and water, permanent or temporary, public or private, underground or above ground, including their additions, alterations and repairs, count as structures for the application of this Regulation, and these installations are dealt with under this Regulation (BYKHY Article 2(2)).
This paragraph alone settles most site arguments:
- A temporary installation is not out of scope; the words "permanent or temporary" appear explicitly in the text.
- Repair and refurbishment are not out of scope; "additions, alterations and repairs" are listed.
- Underground structures are in scope.
- Mobile installations also count as structures.
How the risk is managed during the construction period is covered separately in the article on fire risk during refurbishment.
Special provisions: Turkish Armed Forces and nuclear facilities
The Regulation contains no sectoral exemption list. The separate provision in the text empowers two bodies in a single paragraph: the fire measures to be applied in structures, buildings and facilities used by the Turkish Armed Forces and in training and exercise areas are determined by the Ministry of National Defence according to the characteristics of the structure, also taking into account the provisions of this Regulation; fire safety measures for nuclear facilities are determined by the Turkish Atomic Energy Authority (BYKHY Article 2(3)). The nuclear facilities sentence is not in the 2015 consolidation; it was added by a later amendment and appears in the current text.
The phrase to note in the Turkish Armed Forces sentence is "also taking into account the provisions of this Regulation". This does not switch the Regulation off entirely; it gives the power of determination to another administration.
Three other situations commonly assumed on site to be exemptions have no basis in the text:
| Claim | Position in the text |
|---|---|
| "The building is small, so it is out of scope" | Area thresholds only trigger specific systems; for example the sprinkler requirement (BYKHY Article 96(2)) and the maximum compartment area (BYKHY Article 24(6), Annex 4) are assessed separately and do not remove the scope |
| "The building is old, so it is out of scope" | There is a separate regime for existing structures (BYKHY Article 138); there is no exclusion from scope |
| "It is a temporary structure, so it is out of scope" | Permanent or temporary installations count as structures (BYKHY Article 2(2)) |
If doubt arises about the use class, the text also shows the way out: where any doubt arises concerning the use class of buildings, the assessment and decision of the Ministry of Environment, Urbanisation and Climate Change is followed (BYKHY Article 8(2)). In other words, the argument is closed by the Ministry's decision, not by the design team's interpretation.
2021 extension: facilities in or adjacent to forest areas
The amendment published in Official Gazette No. 31665 of 20/11/2021 added an extra layer to the Regulation for certain facilities: in refineries, fossil-fuel electricity generation plants, energy generation plants with an installed capacity of 500 MW and above, and industrial facilities such as factories with a total enclosed use area greater than 2000 m², and in their storage facilities/yards, built inside or adjacent to forest areas, the additional measures specified in the Regulation are taken (BYKHY Article 7(12)).
In these areas, except for the exceptions listed in the paragraph (the absence of naturally growing forest cover within 300 m horizontally from the building facade, or 500 m on land with a slope above 40%, together with the presence of forest cover of low flammability, or the presence within these distances, outside the plot boundary, of a road, watercourse or similar physical barrier wider than 50 m), an external fire zone is established within 100 m of the facility's building facade and storage yard; where the land slope is between 30% and 55%, this distance is increased 2 times in the downhill direction from the building and 1.5 times in other directions, and where it is above 55%, 4 times downhill and 2 times in other directions. Within the external fire zone, separate rules for vegetation and combustible material are defined for the bands 1.5 m, 1.5-10 m, 10-30 m and 30-100 m from the building facade (BYKHY Article 21(5)). Unless these measures are taken, structures within the scope of Article 7(12) cannot be built, no permit can be issued for them and their operation cannot be allowed (BYKHY Article 21(6)).
The other provisions tied to these facilities by the same amendment are:
- No plot may be formed adjacent to forest areas; a road of at least 10 m is left between the forest boundary and the plot (BYKHY Article 21(7)), and if this cannot be achieved, a concrete internal access road is built along the forest boundary (BYKHY Article 22(5)).
- Non-combustible material requirements for external facades and roofs (BYKHY Article 27(4), Article 28(4)).
- Installation of an external hydrant system (BYKHY Article 95(7)) and a tank with the capacity to supply at least 5,700 l/min for a duration of 60 minutes for this system (BYKHY Article 92(7)).
- A measure to cut off contact of the fuel or product with oxygen in open storage yards other than for daily needs (BYKHY Article 98(7)).
For Article 7(12) structures whose construction was completed or was under way before this paragraph entered into force, there is a separate existing building provision (BYKHY Article 138(5)); it is covered below.
Legal basis and relationship with other legislation
The current legal basis of the Regulation consists of two instruments: additional Article 9 of Civil Defence Law No. 7126 of 9/6/1958, and Articles 97, 107 and 508 of Presidential Decree No. 1 on the Organisation of the Presidency, published in Official Gazette No. 30474 of 10/7/2018 (BYKHY Article 3(1)). Article 33 of Law No. 3152 and Article 30/A of Decree-Law No. 180, cited in the original text (including the 2015 consolidation), no longer appear as a legal basis in the current text.
This basis explains why the Regulation is intertwined with both civil defence and building legislation. The relationship with zoning legislation is set out explicitly in a provisional article: provisions of zoning, building, earthquake and disaster regulations that were in force before the publication date of the Regulation and that conflict with it are brought into line with this Regulation by the relevant administrations within 1 year from its publication date (BYKHY Provisional Article 2). Even where they have not been aligned, the conflicting provisions of those regulations are not applied (BYKHY Article 169(3)).
So the relationship is not a clash but one of alignment. In design practice this means: the zoning legislation may permit a building mass, but if that mass falls within the high-rise building definition (BYKHY Article 4(ccc)), the fire requirements are set accordingly. The threshold itself is covered separately in the high-rise building threshold article.
A contractual layer is added on top: insurer requirements. The Regulation sets the minimum level; a contract may require more. The division of work between the Regulation and the design standard is explained in the comparison of BYKHY, NFPA 13 and EN 12845.
Existing building regime: Part Ten
The Regulation sets aside a separate part for existing structures. Together with the 2017 and 2021 additions, the regime can be summarised in five rules.
Rule one: scope. The provisions of this Part apply to existing structures other than those which, through a change of use, become healthcare buildings and facilities, residential healthcare institutions, nursery schools, crèches, children's clubs, primary schools, children's homes, entertainment venues, accommodation buildings or buildings in which hazardous substances are kept (BYKHY Article 138(1)).
Rule two: structures complying with the former regulation. In structures where fire measures complying with the Regulation put into force by Council of Ministers Decision No. 2002/4390 of 12/6/2002 have been taken, the principle is that no additional measures are taken under this Regulation; however, the owner may take additional measures if they wish (BYKHY Article 138(2)).
Rule three: structures whose designs were approved before 19/12/2007. Structures, buildings, facilities and operations whose building designs, attached to the building permit application, were approved by the relevant administration before 19/12/2007 are also accepted as existing structures for the application of this Regulation (BYKHY Article 138(4), added: 14/6/2017-2017/10459 Decision).
Rule four: existing facilities in or adjacent to forest areas. In structures with the use classes listed in Article 7(12) whose construction was completed or was under way before the paragraph entered into force, the other measures required to be taken within the plot boundaries under Article 21(5) are applied, except those that the administration determines cannot be applied because the existing structure's position within the plot does not allow the required distances. In these structures, at least material of limited combustibility may be used instead of the non-combustible material specified in Article 27(4) and Article 28(4) (BYKHY Article 138(5), added: OG 20/11/2021-31665).
Rule five: change of use. For those listed in Article 138(1), the provisions set out in the other parts of the Regulation apply (BYKHY Article 139). In other words, a change of use takes the existing structure out of the privileged regime and into the full regime.
Time limits. The Regulation attaches three separate time limits to the measures to be taken for existing buildings:
| Provision | Scope | Time limit |
|---|---|---|
| Provisional Article 1 | Fire measures required for the existing buildings specified in Part Ten | Within 1 year; if construction of the installation required by the measures has started within this period, the relevant administration may grant a construction period not exceeding 1 year |
| Provisional Article 3 (added: OG 20/11/2021-31665) | Measures required for the existing buildings specified in Article 138(5) | Until 31/12/2023; implementation is inspected by the administrations authorised to issue permits; if the works or installation have started, the relevant administration may grant a construction period not exceeding 1 year |
| Provisional Article 4 (added: OG 1/7/2025-32943) | Deficiencies of existing buildings within the scope of the Regulation that require a process for sourcing materials | Until 31/12/2025; at the end of the period, the administrations authorised to issue permits inspect whether the deficiencies have been remedied |
As of 30 September 2026, when this article was updated, the periods set in Provisional Article 3 and Provisional Article 4 have expired; under Provisional Article 4, the inspection at the end of the period is carried out by the administrations authorised to issue permits.
A frequently confused transitional provision. The rule "for structures granted a building permit and for structures subject to tender that have been advertised or announced in writing under Public Procurement Law No. 4734, the previous provisions continue to apply" (unofficial translation) is not BYKHY Provisional Article 1. It is the own provisional article of the amending regulation annexed to Council of Ministers Decision No. 2015/7401 of 16/3/2015 (OG 09/07/2015-29411); in the consolidated text it appears under the heading "provisions that could not be incorporated into the Regulation", and it applies only to the provisions changed by the 2015 amendment; it is not a general transitional rule. The provisional article of Decision No. 2009/15316 of 10/8/2009 also appears under the same heading: in existing structures where fire measures complying with the Regulation on Fire Protection of Buildings have been taken, the principle is that no additional measures are required under the provisions changed by the 2009 amendment; the owner may take additional measures if they wish.
For matters not specified or not clear in this Part, the opinion of the administration authorised to issue the building permit is taken as the basis, and the required measures are carried out by the building owner or the unit owners (BYKHY Article 144). In existing building work, this is the article that closes the argument. How the process is run is explained step by step in the article on the fire design approval process.
How to record the scope decision in the design
| Line to write in the report | Basis |
|---|---|
| Use class (each part separately in mixed use) | BYKHY Article 8, Article 18 |
| Building height and structure height, with the measurement reference | BYKHY Article 4(h), 4(bbb), 4(ccc) |
| Compartment areas | BYKHY Article 24(6) and Annex 4 |
| Occupant load and exit capacity | BYKHY Article 32(1)-(2), Annex 5/A, Annex 5/B |
| Is the structure existing or new | BYKHY Articles 138, 139, Provisional Articles 1, 3, 4 |
| Is the facility inside or adjacent to a forest area (Article 7(12) scope) | BYKHY Articles 7(12), 21(5), 138(5) |
Once these six lines are written, which provisions are triggered follows automatically. When they are not written, the same argument repeats three times: at the preliminary design, approval and acceptance stages. How the fire safety obligation carries over into the operating period is collected in the article on fire safety management.
Field note
During the refurbishment of the administrative block of a logistics facility, the employer took the view that "we are only renewing the office part, no fire design is needed". Yet the refurbishment included forming a new door opening in the separating wall between the administrative block and the warehouse volume.
Two provisions brought this work into scope. First, additions, alterations and repairs are also within scope (BYKHY Article 2(2)). Second, the rule that there can be no openings without fire resistance between compartments (BYKHY Article 24(7)). What determines scope is not the budget or the name of the job but the boundary it touches. If a refurbishment touches a compartment boundary, an escape route or a shaft, the assessment is a fire design assessment, even if the job is called a refurbishment.
Checklist
- Has the structure's use class been written using the naming in Article 8, and, if there is doubt, has the Article 8(2) route been used?
- Is the job an addition, alteration or repair? If so, has it been noted in the report that it is in scope under Article 2(2)?
- Is the structure existing? If so, is the Article 138 regime applied, or the full regime via Article 139?
- Is it a structure in which measures complying with the 2002/4390 Regulation were taken (Article 138(2))? Is there documentation?
- Were the building designs approved by the administration before 19/12/2007 (Article 138(4))?
- Is the facility within the scope of Article 7(12)? If so, have the Article 21(5) external fire zone and, for an existing structure, the Article 138(5) measures been assessed?
- In an existing building, have the obligations under Provisional Article 3 (Article 138(5) measures) and Provisional Article 4 (deficiencies requiring a process for sourcing materials) been fulfilled?
- Has the building permit date been checked against the amending regulation's own transitional provision (e.g. the provisional article of Decision No. 2015/7401)?
- Is there a change of use? Is the building turning into one of the uses listed in Article 138(1)?
- If a matter is not clear, has the opinion of the competent administration been obtained under Article 144?
- Have building height and structure height been calculated separately according to the Article 4 definitions?
- Have insurer requirements been collected in a section separate from the Regulation requirements?
- Is the text used the current consolidated text incorporating the latest amendment (OG 01/07/2025-32943)?
FAQ
Which structures does BYKHY cover?
The Regulation covers the fire prevention and extinguishing measures to be taken in all kinds of structures, buildings and facilities in the country, and in open and enclosed area operations (BYKHY Article 2(1)). In addition, fixed and mobile installations on land and water, permanent or temporary, public or private, underground or above ground, including their additions, alterations and repairs, also count as structures (BYKHY Article 2(2)).
Are any structures outside the scope of BYKHY?
The Regulation has no general exemption list. The special provision covers two areas: the fire measures to be applied in structures, buildings and facilities used by the Turkish Armed Forces and in training and exercise areas are determined by the Ministry of National Defence according to the characteristics of the structure, also taking into account the provisions of this Regulation; fire safety measures for nuclear facilities are determined by the Turkish Atomic Energy Authority (BYKHY Article 2(3)). A small area or a low number of floors does not take a building out of scope.
Are existing buildings subject to BYKHY?
Part Ten of the Regulation sets up a separate regime for existing structures (BYKHY Article 138). In structures where fire measures complying with the former Regulation No. 2002/4390 have been taken, the principle is that no additional measures are taken; the owner may take additional measures if they wish (BYKHY Article 138(2)). For matters not clear in this Part, the opinion of the administration authorised to issue the building permit is taken as the basis (BYKHY Article 144).
What happens to an existing structure whose use changes?
Structures that, through a change of use, become healthcare buildings, residential healthcare institutions, nursery schools, crèches, children's clubs, primary schools, children's homes, entertainment venues, accommodation buildings or buildings in which hazardous substances are kept are excluded from the existing building regime (BYKHY Article 138(1)), and the provisions set out in the other parts of the Regulation apply to them (BYKHY Article 139).
References
- Turkish Regulation on Fire Protection of Buildings (BYKHY), Council of Ministers Decision No. 2007/12937 of 27/11/2007, Official Gazette 19.12.2007/26735 and amendments: OG 09/09/2009-27344; OG 05/04/2012-28255; OG 09/07/2015-29411; Council of Ministers Decision No. 2017/10459 of 14/06/2017 (in force 29/06/2017); Council of Ministers Decision No. 2018/11347 of 05/02/2018 (in force 15/03/2018); OG 04/11/2020-31294 (Presidential Decision 3167); OG 20/11/2021-31665 (Presidential Decision 4825); OG 01/07/2025-32943 (Presidential Decision 10026). Current text: mevzuat.gov.tr (consolidated text)
- Articles used in this article: Article 1 (purpose), Articles 2(1), 2(2), 2(3) (scope), Article 3(1) (legal basis), Article 4(ccc) (high-rise building), Article 7(12) (facilities inside or adjacent to forest areas), Article 8(2) (doubt about use class), Article 18 (mixed use), Articles 21(5)-21(7) (external fire zone, permit condition, forest boundary road), Article 22(5) (internal access road along the forest boundary), Article 24(6) and Annex 4 (compartment areas), Article 24(7) (compartment continuity), Article 27(4) (facade in the external fire zone), Article 28(4) (roof in the external fire zone), Articles 32(1)-(2) and Annex 5/A, Annex 5/B (occupant load, exit width), Article 92(7) (external hydrant water tank), Article 95(7) (external hydrant requirement), Article 96(2) (sprinkler requirement), Article 98(7) (open storage yards), Articles 138(1)-(2), 138(4), 138(5) (existing structures), Article 139 (structures whose use has changed), Article 144 (opinion of the competent administration), Article 169(3) (non-application of conflicting provisions), Provisional Articles 1, 2, 3 and 4; provisions that could not be incorporated into the Regulation: provisional articles of the regulations annexed to Decisions No. 2009/15316 and 2015/7401.
- Legal basis (current Article 3(1)): Civil Defence Law No. 7126, additional Article 9; Presidential Decree No. 1 on the Organisation of the Presidency, Articles 97, 107 and 508. Bases in the original text: Law No. 3152, Article 33; Decree-Law No. 180, Article 30/A.
- TS EN 13501-1 Reaction-to-fire classification of construction products (the standard referenced in the Regulation through Annex 2/Ç).
All article numbers and values in this article are taken from the text of the Regulation published in the Official Gazette. Even so, the current text should be used for design, and the design should be carried out by an authorised engineer.
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Download MEP Calc on the App StoreSources are listed in the References section at the end of the article. Quotations from the regulation are unofficial English translations of the Turkish text. This article is for general information; for article numbers, thresholds and exemptions, the current regulation and standard texts published in the Official Gazette govern, and design must be carried out by an authorised engineer.