Çiftçi & Partners Daily Bulletin – Issue 21

In the May 16 issue, building life cycle analysis has become a topic that cannot be overlooked in large-scale construction and energy projects. In the same Official Gazette, the Social Security Institution’s (SGK) single registry and non-affiliation process for special-category construction projects was also reestablished; this change directly impacts litigation preparations following the closure of construction sites. The Dispute Resolution Court’s recent rulings on jurisdictional divisions, along with EPİAŞ’s April conciliation notices, further complicate the question of which authority should receive the initial objection and what data should be submitted.

May 16 issue / Energy and Construction

Building life cycle analysis has become part of the permitting process for large projects

The amendment to the Building Energy Performance Regulation added the low-carbon building certificate to the energy performance certificate system and established clear requirements for the building life cycle analysis certificate to be prepared via BEP-TR. The regulation requires that the life cycle analysis certificate be submitted alongside the energy performance certificate during the building occupancy permit phase for buildings with a construction area of 10,000 m² or more. A related amendment to the circular regarding EKB experts, published on the same day, also adapts expert training to this new document workflow; the relevant provisions will enter into force on January 1, 2027.

For projects with established permits, financing, and delivery schedules, the focus is no longer solely on energy efficiency ratings but also on calculating emissions generated throughout the building’s lifecycle. If responsibilities for documentation are not clearly defined from the outset among the architectural team, technical consultants, EKB experts, and the contractor, the risk of delays during the building occupancy permit phase increases.

May 16 issue / Social Security

The single registry and non-affiliation process has changed for special-status construction projects

The amendment to the Social Insurance Procedures Regulation allows for the execution of construction projects of a special nature—involving multiple building permits on adjacent or nearby plots—under a single registration number, provided that the employer applies within six months of the start of the first project and the insured workers are not intermingled. The regulation also explicitly states that a minimum wage audit may be conducted based on the payments made in projects where the total entitlement amount has not yet been reported; however, a certificate of non-affiliation will not be issued at this stage.

Leaving the SGK file until the final week of the project closure is becoming more costly. If the deadline for the single record request is missed, the scope of the file division increases; meanwhile, an invoice-based audit may lead to the need to open a new account later due to an incomplete total amount. The records of the contractor, subcontractors, and accounting must align on the same date.

Judicial / municipal revenue

Emphasis on the judicial system regarding compensation for land damage

In its decision dated March 9, 2026, No. E.2026/108, K.2026/119, the Court of Disputes ruled that the ordinary courts have jurisdiction over a dispute arising from a land damage fee assessed pursuant to Repeated Article 79 of the Municipal Revenues Law No. 2464. The decision notes that a matter concerning municipal revenue does not, by itself, lead to a decision by the administrative courts; rather, the nature of the claim and its legal basis must be examined separately.

When the interests of the municipality, private companies, and real estate are intertwined, selecting the appropriate court remains the first hurdle. Filing a petition with the wrong court can result in months of delays before the case is even heard; in particular, calculations regarding refunds, interest, and the statute of limitations must be established correctly from the very beginning.

Labor relations / public education

The fact that the public institution was involved did not affect the master trainer's financial entitlements

In its decision dated March 9, 2026, Case No. E.2026/118, K.2026/134, the Labor Court ruled that the ordinary courts have jurisdiction over the claims for monetary entitlements filed by a master instructor employed at a community education center. The Court distinguished between the public nature of the institution and the employment relationship underlying the claim, thereby prioritizing the private law aspect of the dispute regarding wages and labor claims.

In cases involving files related to additional teaching, project assignments, or term-based employment contracts, first impressions can be misleading. It is not the institution’s name but the source of the request and the compensation structure that are decisive; this distinction must be established in writing before a lawsuit is filed.

Right to unionize / public servant

In its ruling on the duty roster, the Constitutional Court examined the matter from the perspective of a violation of the right to organize

The Constitutional Court’s decision dated March 11, 2026, in the case of Hüseyin Akkuş, concluded that the disciplinary penalty imposed on a public servant who failed to perform on-call duties—in accordance with a union decision—constituted a violation of the right to organize. The decision reaffirms that public employers must specifically address the union context and the principle of proportionality when imposing disciplinary measures.

In disputes involving on-call duty, shifts, and duty assignments at public institutions, the focus of the case now extends beyond the text of the regulations to include the scope of the union’s decision and the rationale for the disciplinary action. This framework must be established early on when preparing the defense.

Decisions dated May 16

May 16 Decisions

• Constitutional Court, Saliha Aydeniz, Case No. 2020/38250, May 16, 2024: The Court reviewed the dismissal, on procedural grounds, of an objection filed against the authorization to investigate a complaint regarding the use of force by law enforcement during a meeting and demonstration. In cases of alleged ill-treatment, the collection of the medical report and application documents on the same day, along with the calculation of the time limit, remains a fundamental procedural step for the application to proceed.
• Constitutional Court, GÖKHAN GÜNDÜZ (10), Case No. 2020/27003, May 16, 2024: The decision to rule on a complaint against a disciplinary penalty imposed in a correctional facility without hearing an oral defense was evaluated in light of the right to an oral hearing. In cases involving solitary confinement and similar sanctions, closing the case based solely on written records now requires more careful justification.
• Constitutional Court, Zuhal Yazman, Case No. 2020/16719, May 16, 2024: The Court examined a complaint regarding the right to property arising from a freeze placed on a participation fund at a bank transferred to the Savings Deposit Insurance Fund (TMSF). In financial measures, the separate justification of the legal basis for the action and the individual’s circumstances remains significant even today in disputes involving deposits and participation funds.
• Constitutional Court, Anil Can Tuncer, Case No. 2020/24055, May 16, 2024: The use of physical force during the arrest and detention, as well as the failure to conduct an effective investigation into the incident, were examined in light of the prohibition against ill-treatment. If video footage, medical reports, and witness statements are not preserved from the very first day, the basis for evidence to be established later becomes limited.

Foreign trade / anti-dumping measures

The measures applied to imports of laminate flooring from China remained in effect

The Communiqué on the Prevention of Unfair Competition in Imports (No. 2026/11) concluded that dumping and injury would likely continue or recur if the existing measure on imports of laminate flooring originating in China were lifted. Following the final review investigation, the measure was maintained.

Importers, distributors, and construction retailers should review their price lists and inventory plans. Sales contracts based on outdated cost assumptions pose an increasingly visible risk as delivery schedules are extended.

Network services / aggregation

TEİAŞ has set the signature threshold for demand-side participation as of the close of trading on May 15

TEİAŞ’s announcement dated March 2, 2026, stated that aggregators wishing to participate in the procurement process for demand-side participation services for the July–September 2026 period must sign the ancillary services agreement by the end of business on May 15, 2026. The deadline has now effectively passed.

For companies holding collection licenses and players managing large consumption portfolios, the issue is not just about signing the agreement; it also involves the summer service plan, testing requirements, and the timely completion of the portfolio’s audit trail. Parties that miss the deadline will need to quickly update their alternative period plan.

EU energy measures

The Commission has published a catalog of ready-to-use measures to address the energy crisis

The European Commission’s announcement dated May 13, 2026, compiled a catalog of national measures that member states can implement to reduce gas and oil consumption, lower costs, and provide short-term savings for households and businesses. The announcement identifies demand-side engagement, energy efficiency investments, and a rapid transition to clean technology as three priority areas.

For Turkish companies with supply, production, or financing ties to the EU, the outcome may be contractual as well as technical. Arrangements related to intra-group energy purchases, efficiency commitments, reporting, and state support may be subject to more frequent revisions during the summer months.

EPİAŞ settlement process

April conciliation notices have opened the objection period

EPİAŞ’s April 2026 Electricity Market Settlement Notice and April 2026 Ancillary Services Market Settlement Notice have made the settlement items forming the basis of the invoice, as well as the PFK, SFK, synchronous compensation, and transfer platform accounts, available for access. The ancillary services notices were published via EPYS.

Meter data, imbalance calculations, ancillary service capacity, and security deposit transactions must be verified simultaneously on the supplier, producer, and aggregator sides. Discrepancies often arise not from a contractual clause, but from the late detection of the initial data set.

Global Oil Outlook

The IEA stated that volatility will continue ahead of the summer season

The IEA’s Oil Market Report dated May 13, 2026, states that global oil demand will contract on an annual basis in 2026, while supply losses and inventory drawdowns are keeping price volatility high. The report highlights that a decline in supply in April, high refining margins, and bottlenecks in the Strait of Hormuz sharply widened the price range.

Price adjustment clauses in oil-indexed supply, freight, fuel, and industrial input contracts should be reviewed. Long-term contracts based on the assumption of a fixed formula can quickly become unbalanced due to volatility over a period of just a few weeks.

Daily schedule

Document, tax, and settlement data should be reviewed in a single calendar this week

In the same week, a new chain of documents emerged in urban planning and energy cases, the judiciary took a role in litigation strategy, and settlement data became available on the market side. For a broader context, the newsletter archive, analyses, and reports can be reviewed together; under project and market headings, energy and infrastructure law, and in discussions regarding appeal procedures, dispute resolution and litigation tracking, along with the Constitutional Court (AYM) and European Court of Human Rights (ECHR) application pages, provide a longer-term perspective.

The initial checklist is now clearer: the life cycle document in the permit and EKB file, the Social Security Institution (SGK) clearance process upon project closure, the judicial justification in the petition, and data on settlement and ancillary services from the market side. When any one of these four items is missing, disputes often arise not from substantive issues but from procedural shortcomings.

Short calendar

The first hurdles ahead

• Prior to January 1, 2027, contracts must specify at which stage and by whom the life cycle assessment report will be prepared for projects of 10,000 m² or larger.
• For construction projects involving special-purpose buildings, the six-month deadline for the single registration application must be reviewed in conjunction with the minimum labor cost calculation based on progress payments.
• In cases involving compensation for property damage and claims against master craftsmen, the competent court’s reasoning must be documented in a written review note before a lawsuit is filed.
• In EPİAŞ’s April settlement notices, meter, imbalance, ancillary service, and collateral data must be compared before the objection period expires.
• Aggregators who were unable to complete the signing process during the TEİAŞ demand-side participation process should review the summer schedule and explore alternative participation options.
• The EU energy-saving catalog and the IEA oil outlook call for a reevaluation of price adjustment and supply security provisions.

References

Official and selected links

Official Gazette and Legislation

• Official Gazette dated May 16, 2026
• Amendment to the Building Energy Performance Regulation
• Amendment to the Social Insurance Procedures Regulation
• Amendment to the Circular on the Training and Supervision of EKB Experts
• Communication on the Prevention of Unfair Competition in Imports (No. 2026/11)

Judicial Sources

• Court of Appeals Case No. E.2026/108, Decision No. K.2026/119
• Court of Appeals Case No. E.2026/118, Decision No. K.2026/134
• Constitutional Court, Hüseyin Akkuş, Case No. 2020/35930
• Constitutional Court, Salihe Aydeniz, Case No. 2020/38250
• Constitutional Court, Gökhan Gündüz (10), Case No. 2020/27003
• Constitutional Court, Zuhal Yazman, Case No. 2020/16719
• Constitutional Court, Anıl Can Tuncer, Case No. 2020/24055

Institutional and Regulatory Resources

• TEİAŞ – About the Demand-Side Participation Service
• EPİAŞ – April 2026 Electricity Market Settlement Notice
• EPİAŞ – April 2026 Ancillary Services Market Settlement Notice

International Resources

• European Commission – Catalog of National Practices on the Energy Crisis
• IEA – Oil Market Report May 2026

Çiftçi & Partners Internal Links

• Newsletter Archive
• Analyses
• Reports
• Energy and Infrastructure Law
• Dispute Resolution and Litigation
• Applications to the Constitutional Court and the European Court of Human Rights