PART ONE

Purpose, Scope, Legal Basis and Definitions

Article 1 – Purpose

(1) The purpose of this Regulation is to determine the rules to be followed for the registration, operation, maintenance, warranty and after-sales services, service inspection, and improvement of existing elevators, in order to ensure that elevators used for the transport of persons, persons and goods, or goods only are used in a manner that does not endanger life and property safety, and to protect the environment.

Article 2 – Scope

(1) This Regulation covers elevators placed on the market within the scope of the Elevator Regulation (2014/33/EU) published in the Official Gazette No. 29757 of 29 June 2016, as well as elevators installed prior to the entry into force of the Elevator Regulation (2014/33/EU).

Article 3 – Legal Basis

(1) This Regulation is based on Subparagraph (e) of Paragraph 1 of Article 388 of Presidential Decree No. 1 on the Presidential Organization, published in the Official Gazette No. 30474 of 10 July 2018; on the Law on the Preparation and Implementation of Technical Legislation on Products No. 4703 of 29 June 2001; and on the Law No. 1705 of 10 June 1930 on the Prevention of Corruption in Trade and the Control and Protection of Exports.

Article 4 – Definitions and Abbreviations

(1) For the purposes of this Regulation:
a) EU Declaration of Conformity (DoC): The document by which the elevator installer declares that the elevator placed on the market complies with the essential requirements of the Elevator Regulation (2014/33/EU).
b) Elevator: A lifting appliance serving defined levels, having a rigid support and a carrier moving along guides inclined at an angle of more than 15 degrees to the horizontal, or a lifting appliance moving along a fixed travel path even if not on rigid guides.
c) Elevator installer: The natural or legal person responsible for the design, manufacture, assembly, and placing on the market of the elevator.
ç) Elevator client/builder: The building owner who executes construction works on their own behalf or contracts them out in the building/structure where the elevator will be installed, or the building manager in an existing building where the elevator will be installed.
d) Ministry: The Ministry of Industry and Technology.
e) Maintenance: The periodic operations, carried out at least once a month by the elevator installer or its authorized service, to ensure, throughout the elevator’s service life after being put into service, the continuity of the elevator and its components, its functions, and safety requirements as designed or renewed in accordance with relevant legislation.
f) Building supervisor: The person, the unit owner(s), or the designated responsible person in public buildings/structures, chosen by unit owners or appointed externally, or the responsible officer in commercial/service buildings, who is responsible for ensuring the safe use of the elevator through regular maintenance, periodic inspection, and repair.
g) Geographical region: Mediterranean, Eastern Anatolia, Aegean, Southeastern Anatolia, Central Anatolia, Black Sea, and Marmara regions.
ğ) Accessibility: The condition by which buildings and information services are safely and independently accessible and usable by persons with disabilities.
h) Service inspection: The inspection conducted by the Ministry for the elevator installer or its authorized service, or for the building supervisor.
i) Relevant administration: Municipalities, or special provincial administrations for structures outside municipal boundaries.
j) Economic operator: Elevator installer, safety component manufacturer, authorized representative, importer, or distributor.
k) Rescue operation: The operation carried out in accordance with the rescue instructions, resulting in the release of person(s) trapped in the elevator after information of entrapment is received.
l) Existing elevator: An elevator installed before 15 August 2004 and still in use.
m) Vocational qualification certificate: The document approved by the Vocational Qualifications Authority evidencing an individual’s knowledge, skills, and competence.
n) Inspection body: A private or public institution established in Türkiye and accredited by the Turkish Accreditation Agency in accordance with TS EN ISO/IEC 17020 as a Type A inspection body within the scope of the Elevator Periodic Inspection Regulation published in the Official Gazette No. 30411 of 4 May 2018.
o) Periodic inspection: The inspection carried out regarding the safe use and correct operation of the elevator.
ö) Placing on the market: Making the elevator available for use, whether for consideration or free of charge, within commercial or public activities.
p) Licensing authority: Municipalities; governorships for buildings/structures outside municipal boundaries; or institutions and organizations authorized to issue building permits and occupancy permits in accordance with relevant legislation.
r) Service technical officer: The person who manages authorized service activities administratively and technically, prepares the necessary documents, and is legally authorized to represent and bind the authorized service.
s) Technical maintenance and repair personnel: Elevator maintenance and repair personnel assigned to carry out maintenance, repair, and service work within the scope of authorized service and certified under relevant legislation.
ş) Registration: Official registration of the elevator by the relevant administration.
t) TSE: Turkish Standards Institution.
u) TS EN 81-80 standard: Safety rules for the construction and installation of lifts — Existing lifts — Part 80: Rules for the improvement of safety of existing passenger and goods lifts.
ü) Authorized service: A service station established by the elevator installer on its own behalf to perform maintenance, repair, and service on elevators, or a natural or legal person authorized by contract, acting under its own responsibility, where necessary.

PART TWO

Elevator Identification Number; Verification of Elevator–Building/Structure Compliance; Registration of the Elevator

Article 5 – Elevator Identification Number

(1) Every elevator within the scope of this Regulation is identified with an elevator identification number.
(2) The elevator identification number is created by the inspection body before the periodic inspection stage, in accordance with the Elevator Periodic Inspection Regulation. It is indicated on a label in the format defined in Article 21 of the said Regulation and is affixed to the elevator car by the inspection body during the periodic inspection stage.
(3) The building manager is responsible for keeping the label affixed to the elevator car and containing the elevator identification number throughout the service life of the elevator and for renewing it when necessary.

Article 6 – Verification of Technical Compliance with the Building/Structure

(1) Verification of the technical compliance of an elevator installed under the Elevator Regulation (2014/33/EU) with the building/structure where it is installed, as well as licensing under the Zoning Law No. 3194 of 3 May 1985 and applicable accessibility legislation, shall be carried out by the licensing authority.
(2) Responsibility for carrying out the verifications specified in Paragraph (1) in accordance with relevant legislation rests with the licensing authority.

Article 7 – Registration of the Elevator

(1) Every elevator placed on the market within the scope of the Elevator Regulation (2014/33/EU) shall be registered with the relevant administration. The registration application shall be made by the elevator installer that placed the elevator on the market within sixty days from the date of placing on the market.
(2) For registration, the elevator installer shall apply to the relevant administration with copies of the following documents:
a) Industrial registration certificate.
b) Certificate of conformity or report issued by the notified body.
c) EU Declaration of Conformity.
ç) Warranty certificate.
d) Signature circular of the authorized signatory of the EU Declaration of Conformity and the warranty certificate.
e) TSE Service Qualification Certificate.
f) Invoice issued to the elevator contractor, itemizing the cost of each elevator unit and assembly labor.
g) First periodic inspection report prior to registration.
(3) The invoice referred to in Subparagraph (f) shall clearly indicate the rated load, rated speed, number of stops, and drive type of the elevator. Where more than one elevator is installed, the foregoing information shall be provided for each elevator. No documents other than the invoice issued in accordance with the Tax Procedure Law No. 213 of 4 January 1961 and the requirements set forth in this paragraph shall be accepted by the relevant administration at the registration stage.
(4) If an official document shows that elevators built as donations to schools or public institutions/organizations have been built for that purpose, the invoice specified in Subparagraph (f) shall not be required for registration.
(5) Unless the elevator has undergone its first periodic inspection under the Elevator Periodic Inspection Regulation and the green information label has been affixed, the elevator shall not be registered by the relevant administration.
(6) Upon approval of the registration application, a registration certificate conforming to the content in Annex 1 shall be issued by the relevant administration and presented to the elevator installer.
(7) The relevant administration shall not request any documents other than those listed in Paragraph (2).

PART THREE

Maintenance, Scope of Maintenance, and Other Maintenance-Related Matters

Article 8 – Maintenance

(1) Maintenance of the elevator within the scope of this Regulation shall be performed by the elevator installer or its authorized service with whom the building supervisor has signed a maintenance contract. Until a building supervisor is legally appointed in a building/structure opened for use in accordance with its purpose and granted an occupancy permit, the maintenance contract shall be concluded between the elevator client (builder) and the elevator installer or its authorized service.
(2) Where a maintenance contract covers more than one elevator, the identification number and full address of each elevator shall be specified in the contract.
(3) The elevator installer that placed the elevator on the market shall provide the elevator logbook, in which accidents are recorded, together with the rated load, rated speed, drive type, motor serial number and power, ropes and/or chains, technical specifications of components and parts requiring type-examination certificates, installation plans, electrical diagrams, and periodic inspection results. The elevator identification number, date of placing on the market, and registration date shall be indicated in the logbook. If the logbook expires, a new logbook shall be supplied by the elevator installer or its authorized service that has a maintenance contract with the building supervisor. The expired logbook shall be kept by the building manager for the service life of the elevator. All registry requirements apply to all elevators currently in use.
(4) Disposal of waste generated after elevator maintenance, repair, and service shall be carried out in accordance with the Environmental Law No. 2872 of 9 August 1983.
(5) Maintenance contracts for elevators placed on the market or in use under the Elevator Regulation (2014/33/EU) shall disclose whether any blocking or restriction devices/methods (such as encryption) have been applied to the elevator, if any, by the elevator installer or its authorized service.

Article 9 – Scope of Maintenance

(1) Maintenance of the elevator and all components and parts thereof shall be carried out in accordance with the maintenance manual prepared by the elevator installer and the requirements of the updated standard TS EN 13015 (Maintenance of lifts and escalators — Rules for maintenance instructions).
(2) Under this Regulation, maintenance includes:
a) Lubrication and cleaning,
b) Checks,
c) Rescue operations,
ç) Adjustments,
d) Repair or replacement of components arising from use or wear.
(3) Under this Regulation, maintenance does not include:
a) Changing the location of the elevator,
b) Replacement of the drive unit, suspension system, car, landing doors and/or elevator safety components,
c) Changes to the elevator control system,
ç) Rescue operations carried out by the Fire Brigade,
d) Cleaning the outer parts of the elevator shaft,
e) Cleaning the interior of the car.
(4) Where the rated load and/or rated speed and/or travel distance of an elevator installed before 15 August 2004 and registered by the relevant administration is changed, the current TS EN 81-80 standard requirements shall apply.
(5) Where the rated load and/or rated speed and/or travel distance of an elevator placed on the market between 15 August 2004 and 1 September 2017 and registered by the relevant administration is changed, the harmonized standard requirements in force at the time of first placing on the market shall apply.
(6) The changes referred to in Paragraph (3), Subparagraphs (a), (b), and (c), and in Paragraphs (4) and (5), which are not considered maintenance, shall be carried out by the elevator installer. Responsibility for compliance of such changes with relevant legislation and/or standards rests with the elevator installer that made the changes. The installer and/or technical maintenance and repair personnel acting on behalf of the elevator installer shall hold the qualification(s) required under this Regulation and/or relevant legislation.
(7) In the cases specified in Paragraphs (4) and (5), an elevator application project shall be prepared by the elevator installer and submitted for approval to the licensing authority. For registration of an elevator whose rated load and/or rated speed and/or travel distance has been changed in accordance with the approved project, the elevator installer shall apply to the relevant administration within sixty days together with the periodic inspection report evidencing a green information label. The elevator’s registration certificate shall be issued by the relevant administration in accordance with Annex 2 and presented to the elevator installer.

Article 10 – Other Maintenance Considerations

(1) The elevator installer or its authorized service that has a contract with the building supervisor shall prepare an assessment report on whether the elevator, as a whole and including its components and parts, meets the conditions for safe use, and shall submit it to the building supervisor. This report is not prepared for an elevator placed on the market by the same installer with whom a maintenance contract is concluded.
(2) Operations performed at each maintenance visit shall be recorded on a maintenance sheet meeting the requirements of TS EN 13015 and a copy shall be delivered to the building supervisor; another copy shall be kept by the installer/authorized service and submitted to the Ministry or other interested parties upon request.
(3) The building supervisor shall keep maintenance sheets in the machine or pulley room of the elevator or in the building/structure management office.
(4) If the elevator poses a risk to life and property safety, the elevator installer or its authorized service shall inform the building manager in writing. The building supervisor is responsible for ensuring that the elevator is made safe by the installer/authorized service.
(5) The elevator installer or its authorized service shall record changes to components and parts of the elevator and any reported accidents in the logbook.
(6) After a maintenance contract is concluded, the elevator installer or its authorized service shall provide, at least once a year, training on rescue operations in emergencies to a number of persons designated by the building supervisor, considering the number of elevators in the building/structure. Training shall be provided by technical maintenance and repair personnel of the authorized service. The training shall be documented in a report signed by the service technical officer and the trainer, and a copy shall be sent to the building manager. The building supervisor shall ensure training is provided to replacement personnel in case of changes. Rescue instructions shall be prepared for the purpose and kept where they are easily visible to persons who will carry out rescue operations.
(7) The elevator installer is obliged to supply spare parts for every type and model of elevator it has placed on the market for at least three years.
(8) Requests for any device or equipment enabling maintenance of the elevator with spare parts from another elevator installer or its authorized service, or from a building supervisor, shall be met under normal market conditions.
(9) Necessary occupational health and safety measures during maintenance, repair, fault elimination, and periodic inspection activities shall be taken by the elevator installer or its authorized service in accordance with the Occupational Health and Safety Law No. 6331 of 20 June 2012 and relevant legislation.
(10) During maintenance, responsibility for negligence causing injury or death to technical maintenance and repair personnel and/or to third parties due to maintenance and repair works lies with the elevator installer or its authorized service with whom the building supervisor has signed a maintenance contract.
(11) For an elevator found unsafe as a result of periodic inspection and bearing a red information label, maintenance service shall not be provided until non-conformities are remedied and the elevator attains a defective-minor or perfect status. After the relevant deadline, if the elevator’s status changes from unsafe to defective but is not brought to defective-minor or perfect within one hundred and twenty days (counted from the periodic inspection date), maintenance service shall not be provided. No monthly maintenance fee may be charged to the building supervisor during these periods.
(12) The elevator installer or its authorized service shall ensure that all identifying information regarding the technical maintenance and repair personnel assigned to perform maintenance, repair, fault elimination, and periodic inspection activities is included in the maintenance contract, and shall update this information in case of changes.
(13) Third parties other than the installer with whom the maintenance contract is concluded, or its authorized service, shall not be permitted by the building supervisor to intervene in the elevator. This does not cover improvement activities required by periodic inspection or works carried out by an installer/authorized service newly contracted by the building supervisor within the scope of Article 9(3)(a)–(c).

PART FOUR

Warranty Certificate, After-Sales Services, and Conditions Regarding Authorized Service

Article 11 – Warranty Certificate

(1) The elevator installer shall issue a warranty certificate in accordance with Annex 3 for each elevator placed on the market.
(2) Every elevator placed on the market by the elevator installer shall be warranted for at least three years from the date of placing on the market.
(3) Components or parts replaced during the warranty period by the elevator installer or its authorized service shall be warranted for at least two years from the date of replacement.
(4) For elevators whose overall warranty period has expired, any component or part replaced shall be warranted for at least two years by the economic operator that manufactures or supplies such component/part to the building manager, whether free of charge or for consideration in the course of commercial activity. The economic operator shall issue a warranty certificate in accordance with Annex 3 and submit it to the building supervisor.
(5) The maximum repair period defined in the warranty certificate shall not exceed fifteen days.
(6) Unless the building manager declares that a contract will be signed with another elevator installer or its authorized service, maintenance during the warranty period for each elevator placed on the market within the scope of the Elevator Regulation (2014/33/EU) shall be provided by the elevator installer that placed the elevator on the market or by its authorized service.
(7) If the building supervisor signs a maintenance contract with another elevator installer or its authorized service during the warranty period, the installer that placed the elevator on the market shall be released from warranty obligations.
(8) In case of malfunction, the time spent on repair shall be added to the warranty period.

Article 12 – After-Sales Services

(1) After-sales maintenance, repair, and service under warranty for each elevator placed on the market within the scope of the Elevator Regulation (2014/33/EU) shall be performed by the elevator installer that placed the elevator on the market or by its authorized service.
(2) To provide full and proper after-sales services under warranty, the elevator installer shall establish at least one authorized service station within its organization in line with the minimum criteria set forth in this Regulation.
(3) After-sales services for each elevator under warranty and placed on the market outside the geographical region where the installer’s main activity center is located shall be performed by the elevator installer. In the geographical region where the elevator is placed on the market, the installer shall establish at least one regional authorized service station or conclude a regional authorized service contract with any elevator installer or its authorized service that meets the conditions of this Regulation. However, if the city in the different geographical region is bordering or adjacent to a city in the installer’s own geographical region where its activity center is located, establishing or contracting a separate regional service in that city shall not be required.
(4) The elevator installer is obliged to provide maintenance, repair, and service by employing a sufficient number of technical personnel for each elevator placed on the market and by maintaining an adequate spare-parts inventory.
(5) Free-of-charge repair requests by the building supervisor for defects covered by the warranty shall be fulfilled by the elevator installer or its authorized service within the maximum repair period specified in the warranty certificate.

Article 13 – Conditions Regarding Authorized Service

(1) Authorized service is structured as central, regional, and branch units. The elevator installer shall establish at least one central service within its organization. The central (and, if established within the installer’s organization, the regional) service shall hold a TSE Service Qualification Certificate under TS 12255 (Authorized services — Rules for elevator maintenance services). Closed business areas allocated for spare-parts and material stock, sales, and component maintenance/repair works shall be defined as branches in the TSE Service Qualification Certificate and shall meet relevant standard conditions.
(2) At minimum, one service technical officer, at least two technical maintenance and repair personnel, and at least one administrative staff member shall be employed full-time within the central or regional authorized service. Branch personnel shall also be employed full-time under the central or regional unit.
(3) If personnel required under Paragraph (2) leave their positions voluntarily, replacement personnel shall be employed full-time by the end of the notice period stipulated in the Labor Law No. 4857 of 22 May 2003. If the employer terminates the employment unilaterally before the end of term, replacement personnel shall be employed within fifteen days from the termination date.
(4) The service technical officer shall be a graduate of faculties of engineering/technology in mechanical, electrical, electronics, electrical-electronics, electronics and communications, or mechatronics. A full-time service technical officer may not provide services to or be employed by another authorized service or an employer operating in a different business field.
(5) Technical maintenance and repair personnel shall be:
a) Graduates of industrial vocational high schools in elevator, electricity, electrical installation, electromechanical carriers, electronics, industrial electronics, industrial automation technologies, electrical-electronic technologies, machinery, or mechatronics; or
b) If not graduates of the departments listed in (a), holders of a mastership certificate in elevator maintenance and repair under the Vocational Education Law No. 3308 of 5 June 1986; or
c) Graduates of vocational schools in machinery, electricity, electronics, electrical-electronics, mechatronics, or electromechanical carriers; or
ç) Persons employed as technical maintenance and repair personnel who, apart from (a), (b), or (c), hold a professional qualification certificate in elevator maintenance and repair.
(6) Authorized service contracts shall be executed before a notary public and renewed every two years.
(7) The scope of the authorized service contract shall be determined within the framework of the authorities and responsibilities granted by the elevator installer.
(8) The authorized service contract shall contain details regarding elevator maintenance, repair, and service. Elevator assembly and the operations listed in Article 9(3) are excluded from the scope.
(9) The authorized service contract shall state that the elevator installer granting authorization shall be jointly and severally liable for damage and accidents that may occur to the elevator while maintenance service is being provided.
(10) The TSE Service Qualification Certificate of the regional authorized service shall include the title and brand of the elevator installer granting the authorization.
(11) The elevator installer shall provide training to the personnel of the regional authorized service with whom it will conclude a contract and shall maintain documentation of all information and documents prepared in this regard.
(12) The authorized service shall take out professional liability insurance of at least TRY 500,000 to cover damage and loss claims that may be brought by the building supervisor and third parties due to professional errors and/or negligence regarding maintenance, repair, and service provided to the elevator. The insurance amount valid for the following year shall be increased by the revaluation rate determined and announced that year under Law No. 213.
(13) In applications made to the Turkish Standards Institution for the TSE Service Qualification Certificate, the requirements of this Article shall be sought together with relevant standard conditions.

PART FIVE

Obligations of the Building Supervisor and Service Inspection

Article 14 – Obligations of the Building Supervisor

(1) The building supervisor is responsible for ensuring safe operation of the elevator by having it maintained and by paying the maintenance fee.
(2) The building supervisor shall ensure safe and continuous operation of the elevator for accessibility of persons with disabilities. For complaints regarding public spaces, accessibility monitoring and complaints related to dwellings shall be forwarded to the relevant administration to which the dwelling is affiliated.
(3) The building supervisor shall notify the elevator installer or its authorized service with whom the maintenance contract is signed of any dangerous situation regarding the elevator and shall take necessary safety measures until intervention is carried out.

Article 15 – Service Inspection

(1) The Ministry shall carry out service inspections to determine whether warranty conditions and after-sales services are provided by the elevator installer, and whether maintenance, repair, and service activities in accordance with the criteria of this Regulation are provided by the elevator installer or its authorized service.
(2) The Ministry shall supervise whether the building supervisor fulfils the obligations set forth in this Regulation.

PART SIX

Improving the Safety Level of Existing Elevators

Article 16 – Improving the Safety Level

(1) The safety level of an existing elevator shall be improved to a level approaching that of elevators installed under the Elevator Regulation (2014/33/EU).
(2) In actions to improve the safety level of existing elevators, the hazardous situations listed in Annex 4 and specified in TS EN 81-80 and the solution proposals referred to therein shall be taken as a basis.
(3) Hazardous situations specified for existing elevators shall be reflected in elevator periodic inspection checklists annexed to the legislation issued by the Ministry in accordance with TS EN 81-80.
(4) Responsibility for improving the safety level of existing elevators rests with the building supervisor.

PART SEVEN

Miscellaneous and Final Provisions

Article 17 – Administrative Sanctions

(1) An administrative fine stipulated in Article 6 of Law No. 1705 shall be imposed on the elevator installer or its authorized service, the building supervisor, the unit owners, and the elevator contractor who violate this Regulation. However, the administrative fine in the first sentence shall not be imposed on the building supervisor or unit owners for failure to carry out the registration process specified in Provisional Article 1.
(2) An administrative fine stipulated in Subparagraph (a) of Paragraph 1 of Article 12 of Law No. 4703 shall be imposed on those who install an elevator without issuing a warranty certificate and/or obtaining the registration certificate specified in Article 7(1) of this Regulation.
(3) Under this Regulation, an administrative fine stipulated in Article 6 of Law No. 1705 shall be imposed on an elevator installer or its authorized service provider that does not meet after-sales service requirements.
(4) Administrative fines shall be paid within one month following notification of the penalty decision to the concerned party.

Article 18 – References

(1) All references to the Regulation on Elevator Operation, Maintenance and Periodic Inspection published in the Official Gazette No. 29396 of 24 June 2015 shall be deemed to have been made to this Regulation.

Article 19 – Repeal

(1) The Regulation on Elevator Operation, Maintenance and Periodic Inspection published in the Official Gazette No. 29396 of 24 June 2015 has been repealed.

Provisional Article 1 – Registration of Unregistered Elevators

(1) Under this Regulation, an existing elevator whose safety level has been improved based on TS EN 81-80, or an elevator placed on the market between 15 August 2004 and 24 June 2015 that has not yet been registered, may be registered once by the relevant administration. The building manager:
a) Applies to the relevant administration, until the next periodic inspection date, with the periodic inspection report evidencing a green or blue information label showing that the safety level of the existing elevator has been improved in accordance with TS EN 81-80.
b) Applies to the relevant administration, until the next periodic inspection date, with the periodic inspection report evidencing a green or blue information label for any elevator that was placed on the market between 15 August 2004 and 24 June 2015 but not registered.
(2) The elevator registration certificate shall be prepared by the relevant administration in accordance with Annex 5 and submitted to the building supervisor.

Article 20 – Entry into Force

(1) This Regulation shall enter into force as follows:
a) Paragraph 12 of Article 13 shall enter into force twelve months after publication.
b) All other provisions shall enter into force on the date of publication.

Article 21 – Enforcement

(1) The provisions of this Regulation shall be enforced by the Minister of Industry and Technology.