Detection in Existing Buildings: BYKHY 143 and 161

Whether an existing building needs fire detection and alarms is decided not by the new-building rules but by Part Ten of the Turkish Regulation on Fire Protection of Buildings (BYKHY). Part Ten has two clauses on detection: Article 161 says to which existing buildings Article 75 applies, and Article 143 says who provides the system and how the panel is arranged. This article reads them together with the Council of State annulment of Annex 7, and gathers the other provisions and transitional deadlines that touch detection in existing buildings.

First: is the building "existing"?

An existing building is one whose building permit was obtained before the Regulation came into force and which is under construction or complete (4/ff). According to the text in the Guide, buildings whose permit application drawings were approved by the authority before 19/12/2007 also count as existing (Guide p. 217, 138/4). Part Ten does not apply to every existing building:

• Buildings converted after the Regulation came into force to healthcare and care uses, residential healthcare, nurseries, kindergartens, children's clubs, primary schools, orphanages, entertainment venues, accommodation, or premises with hazardous materials follow the new-building provisions (138/1, 139).
• The Guide explains with an example that a building undergoing a major alteration subject to an alteration permit is also treated as new (p. 217).
• In existing buildings that took the measures of the former 2002 regulation, the rule is that no additional measures are required under the current one; the owner may take them voluntarily (138/2).

The full classification is in the BYKHY for existing buildings article. This article picks up once a building has been classified and Part Ten applies, and deals with detection.

Article 161: what applies to which existing building

161/1. In existing buildings, Article 75 applies to the alarm system. The alarm-related provision of Article 75 is the call point rule (75/2): non-residential buildings of 2–4 storeys with a storey area above 400 m²; non-residential buildings with more than four storeys; and all high-rise buildings, residential included. Where call points are mandatory, audible and visual alarms are too (81/1).

161/2. The detection provisions of Article 75 also apply to existing accommodation, institutional and office buildings, shops, arcades and assembly buildings. At the heart of those provisions are 75/3 and Annex 7, to which it refers.

Reading 161/2 together with the annulment

There is an overlap to watch. Of the six uses listed in 161/2, four correspond to Annex 7 rows annulled by the Council of State 10th Chamber decision of 28/12/2021 (K.2021/5537), which became final on 22/2/2023 (Guide p. 259). The result is shown below. The table is a suggested reading; the Regulation does not address the overlap and the Guide does not comment on it.

In practice: an existing hotel or office above its Annex 7 threshold needs automatic detection, with detectors in every room to TS EN 54-14 under 75/5. In an existing school, hospital, shop or assembly building, 161/2 applies the detection provisions, but no Annex 7 threshold is left to apply. For existing residential, storage and high-hazard buildings, which 161/2 does not list, the clause does not extend detection; 161/1 still applies the alarm system (call points) to every existing building. For such uncertainties Part Ten has its own rule: on matters not covered or not clear in this Part, the view of the permitting authority prevails and the measures are provided by the owner or flat owners (144). For the new-building rules see the Article 75 and Annex 7 article.

Article 143: one panel, the owner's job

Where detection is required in a building, the main panel of the detection or alarm system is provided by the owner or the flat owners and serves the whole building (143). Two points follow. Separate small systems floor by floor or shop by shop do not satisfy it; the building is monitored from one main panel. And the duty lies with the owner or flat owners, not the tenants; the same logic applies to the sprinkler water inlet main and risers (142). For panel location and repeaters see the Articles 76–77 article.

Other provisions touching detection in existing buildings

• Cables (162): where the electrical installation is renewed, cables meeting Article 83 are used, i.e. at least 60 minutes' fire resistance on the required circuits. See the Articles 82–83 article.
• Stairs in existing residential buildings (158/1-b): in an existing residential building with a structure height above 30.50 m and below 51.50 m, one stair is enough if the main stair is made a protected escape stair; if it is an internal stair, it needs pressurisation started by a manual call point or automatically by the detection system. Although residential use is not in 161/2, a signal from the alarm to the pressurisation is then mandatory.
• Pressurisation (163): escape stairs serving more than four basements, and those with a stairwell height above 51.50 m, are pressurised to Article 89; 89/14 requires pressurisation to be started automatically by the detection system.
• Lifts (160/4): in non-residential buildings with a building height above 30.50 m and residential buildings above 51.50 m, lifts on a fire alarm return to the exit floor without opening their doors, wait with doors open and ignore landing calls. That needs an output from the alarm system to the lift controller.

Deadlines: which transitional article?

The two texts we have give the deadlines for existing buildings differently, which is another reason to check the current text.

• 2015 consolidated text: contains two separate "Transitional Article 1"s. One keeps the previous provisions for buildings permitted, or put out to tender, before the 09.07.2015 amendment; the other says that in existing buildings that took the measures of the former regulation, no additional measures under the amended provisions are required as a rule. No deadline is given. There is no Transitional Article 3 in this text.
• Guide, Transitional Article 1 (p. 239): the measures required for existing buildings in Part Ten are completed by the owner, manager and heads of institutions within 1 year; if construction of the required installation has started in that period, the authority may allow construction time of no more than 1 year. The Guide notes that extending the period for force majeure is an administrative decision and requests go in writing to the Ministry of Interior.
• Guide, Transitional Article 3 (p. 240): applies only to the existing buildings in the fifth paragraph of Article 138, requiring measures by 31/12/2023; the authority inspects, and may allow up to 1 year where work has started. Article 138/5 covers buildings in the use class of Article 7(12) (Guide p. 217): refineries, fossil-fuel power plants, energy plants of 500 MW and above, and industrial plants such as factories with a total enclosed area above 2000 m², with their storage facilities, built in or next to forest areas (Guide p. 36). So the 31/12/2023 deadline is for these facilities, not for all existing buildings.

Both 138/4–5 and Transitional Article 3 are absent from the 2015 text and appear to have been added by a later amendment. The Guide also shows Article 138 with paragraphs 1, 2, 4 and 5; the third paragraph of the 2015 text does not appear in the Guide. On an existing-building project, take the deadline and scope from the latest text in the Official Gazette.

Decision sequence

1. Is the building existing (4/ff, Guide 138/4)? Has its use changed to one listed in 138/1, or is there a major alteration? If so, new-building rules apply.
2. Did the building take the measures of the 2002 regulation (138/2)? If so, no additional measures is the rule.
3. Alarm: apply 75/2 through 161/1; where call points are required, alarms are too (81/1).
4. Detection: is the use listed in 161/2? If listed and the Annex 7 row is in force, check the threshold; if the row is annulled or the use is not listed, get the authority's written view (144).
5. If a system is needed: one main panel, provided by the owner or flat owners (143).
6. Add alarm outputs such as stair pressurisation and lift control under 158, 160 and 163; if the installation is renewed, cables to Article 83 (162).
7. Set the deadline from the transitional provisions in force.

For new buildings the fire detection and alarm requirement checker gives the requirement; for existing buildings read its result together with Article 161.

Frequently Asked Questions

Is fire detection mandatory in an existing hotel in Turkey?

Article 161/2 applies the detection provisions of Article 75 to existing accommodation buildings. The accommodation row of Annex 7 is in force, so an existing hotel with a structure height above 6.50 m or a total enclosed area above 1000 m² needs automatic detection. First check that Part Ten applies (138, 139).

Is there an Annex 7 threshold for an existing school or shop?

161/2 lists these uses, but the institutional, commercial and assembly rows of Annex 7 were annulled by the Council of State (Guide p. 259). With no threshold left, get the authority's written view (144); the 161/1 alarm and call point rules still apply.

Who provides the fire alarm panel in a block of flats?

Under Article 143, where detection is required, the main panel is provided by the owner or flat owners and serves the whole building. Separate systems for individual flats or shops do not meet the clause.

Does the 31/12/2023 deadline apply to all existing buildings?

No. Transitional Article 3 in the Guide covers only the buildings in 138/5, i.e. the Article 7(12) facilities such as refineries, power plants and large factories in or next to forests. For other existing buildings the Guide's Transitional Article 1 gives 1 year. Neither is in the 2015 text; check the current text.

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