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Monday to Friday

Condominium Law in Turkey

Condominium Law Turkey

Condominium Law in Turkey, Alanya

TURKISH CONDOMINIUM LAW (search "Condominium law in Turkey")

Condominium Law in Turkey, Alanya
LAW NUMBER : 634
DATE APPROVED: 23.06.1965
DATE ISSUED ON THE OFFICIAL PAPER: 2.7.1965
RULE ENACTED : VOLUME 5 PAGE 2932

Section 1. GENERAL TERMS & PROVISIONS - CONDOMINIUM LAW TURKEY

A. CONDOMINIUM OWNERSHIP & PRIVATE EASEMENT

I- GENERAL RULES & TERMS
ARTICLE 1

According to the terms of this law, condominium ownership rights can be established for specific parts of a property—such as a flat, apartment, office, shop, or store—that are either already in use or intended to be used in the future by the property owner or their associated owners.

Additionally, under Article 1 of the law, Private Immovable Property Easement Rights can be obtained by the property owner or shareholders of the land, in accordance with this law. These rights apply to any building or part of an immovable property that is either under construction or planned for future construction. Once the construction is completed, these easement rights will be converted into Condominium Ownership.

II - DEFINITION OF SOME TERMS
ARTICLE 2

a) Definitions Related to Condominium Ownership

  • Main Landed Estate: The entire real property that is subject to the Condominium Law.
  • Main Building: Refers only to the primary structure itself.
  • Independent Part(s): Sections of the property that can be used individually or separately and are subject to independent ownership within the main property.
  • Additional Part(s): Parts that, while being external to an independent part, are directly allocated to that part.
  • Condominium Ownership: The ownership right established over the independent parts.
  • Apartment Owner: The person who is legally entitled to hold condominium ownership.

b) Mutual Zones and Usage Rights

  • Mutual Zones: Areas external to the immovable property that are preserved, shared, or used collectively by the owners.
  • Usage Rights: The rights of the owner(s) to use both the associated zones and the immovable property itself, allowing them to benefit from and enjoy the property.

c) Immovable Property Easement (Amended act dated 13.04.1983 – 2814 / Article 1)

  • Immovable Property Easement: Easement rights granted to the owner or associate owners of a land plot over the independent parts of one or more constructions that are either under construction or planned to be built on the land.
  • Owner of Immovable Property Easement: A person who is deemed eligible to hold easement rights over the immovable property.

d) Land Share

Land share refers to the allocation of collective ownership shares concerning the mutual land, as stipulated by the relevant law.

e) Contract (Agreement)

A formal “title deed” that establishes ownership or easement rights over immovable property.

III. THE FEATURES OF IMMOVABLE PROPERTY OWNERSHIP AND EASEMENT
ARTICLE 3

Immovable Property Ownership

Immovable property ownership is a form of private ownership that includes the immovable property itself, the land share, and the mutual zones of the main landed estate.

(Amendment dated 28.11.2007 – 5711 / Article 1)
Condominium ownership and immovable easement are established based on collective ownership principles. This involves clearly specifying the building plot share, which is proportionally allocated according to the location and size of each independent part of the main real estate.

If the building plot shares are not proportionally allocated according to the independent parts, any condominium owner or immovable easement holder has the right to apply to the court for a reassessment of building plot shares. Once allocated, these shares cannot be changed due to future increases or decreases in the value of the independent parts. The provisions of Article 44 remain applicable.

Immovable Property Easement

Immovable property easement is a type of easement that is tied to the land share. In accordance with the conditions set forth in this law, it can be converted to condominium ownership upon the request of the landowner or collective owners holding the immovable property easement. This conversion can be initiated at the land registry office after obtaining the occupancy certificate.

IV- MUTUAL ZONES
ARTICLE 4

Mutual Zones

Mutual zones can be explicitly defined through a contract or agreement. However, the following areas and elements are always considered mutual zones, regardless of any specific agreement.

(Amendment dated 28.11.2007 – 5711 / Article 2)

  1. Structural and Common Areas:

    • Foundations, main walls, cross beams, columns, curtain walls, and other elements that make up the load-bearing system.
    • Party or joining walls that separate independent parts.
    • Ceilings and floors.
    • Gardens, main entrance gates, entrance corridors, stairs, elevators, and hallways.
    • Shared facilities, such as sinks and WCs (if available), rooms or flats allocated for cleaning staff, laundry rooms or drying rooms, parking areas, and rooms designated for heating system equipment.
    • Box rooms and closed areas where electricity and water meters are located.
    • Fountains, water depots, and equipment areas for water storage and distribution.

  2. Utility and Maintenance Systems:

    • Wastewater drains and other waste disposal systems (excluding parts that belong to individual flats).
    • Shared antennas or cables for TV and radio reception.
    • Hot and cold air distribution pipes.

  3. Exterior and Safety Areas:

    • Roofs, chimneys, terraces designated as mutual zones, rain gutters, fire exits, and external stairs.
    • Any other parts or elements that are not explicitly listed above but are necessary for shared use and maintenance.

B.JOINTS

I- JOINTS BETWEEN FREE ZONES AND LAND SHARE
ARTICLE 5

Transfer and Inheritance of Land Share

When the ownership of a property estate is transferred or inherited, the associated land share is automatically passed along with it. Unlike condominium ownership and immovable easement, a land share cannot be transferred independently, inherited separately, or registered with any other right. Land share transfer without the transfer of condominium ownership or immovable easement is not permitted.

A land share can never be separated from the main landed estate unless it is attached to condominium ownership or an established immovable easement. Similarly, no part of the main landed estate can have a land share detached from condominium ownership or an established immovable easement.

All rights registered on condominiums are binding on the land share as well. No easement unrelated to these rights can be established on land subject to immovable easement.

Before the establishment of a condominium, any immovable property rights previously recorded or annotated in the official register are automatically carried over, proportionally to the land share.

II. CORRELATION BETWEEN MUTUAL ZONES AS WELL AS THE INDEPENDENT AND ADDITIONAL PARTS
ARTICLE 6

Additional Parts and Their Ownership

Additional parts, such as coal or water depots, garages, electricity, gas or water meter cages, and toilets, are not considered independent parts. However, they are regarded as complementary elements to the independent parts they belong to. Therefore, the owner of the specific independent part is considered the sole owner of these additional parts.

These additional parts are registered in the declaration section of the official immovable property register. They are shown separately in the Cadastre Plan or the title deed (Tapu) map, excluding the grounds of the main building.

Regarding independent parts, no easement can be established that contradicts the rights of the apartment owners or condominium owners.

If the independent parts are rented, transferred, or registered to someone else, the additional parts, as well as the mutual zones, will automatically be transferred, registered, or rented to the new owner or tenant.

C. ABROGATION OF PARTNERSHIP AND THE RIGHT OF PRIVILEGED PURCHASE:

ARTICLE 7

It is not possible to demand the cancellation of shareholder status regarding the landed estate that is subject to condominium ownership or immovable easement. However, it is possible to cancel ownership of independent parts, as these parts, similar to an independent landed estate, can be subject to a lawsuit.

II. THE RIGHT TO HAVE PRECEDENCE IN PURCHASE
ARTICLE 8

(Amendment dated 13.4.1983 – Clause 1-2814 / Article 3)

If one of the independent parts of a land share with established condominium ownership or a land share with established immovable property easement is sold, the other apartment owners or immovable property easement holders do not have the right of first refusal to purchase it.

However, if one of the shareholders of the independent part sells their share to another shareholder, the other shareholders have the right of first refusal to buy it. A contrary provision may be included to allow for a different arrangement in such cases.

D) IMPLEMENTATION OF THE GENERAL TERMS

ARTICLE 9

Any conflicts related to condominium ownership will be resolved according to the Civil Code or other relevant laws, in cases where there is no specific provision in the contract among shareholders or in the administration plan.

I.GENERAL RULE
ARTICLE 10

Condominium Ownership and Immovable Property Easement Rights

Both condominium ownership and immovable property easement rights are acquired once the property is registered in the land register, which is the official register of real property.

Condominium ownership cannot be established for a specific part or several parts of a property unless the ownership of the entire main landed estate is transferred to condominium ownership.

(Amendment dated 28.11.2007 – 5711 / Article 3)

Adjacent independent parts on the same floor or across multiple floors, or parts such as hotels, businesses, or commercial spaces that form a complete unit for economic or functional purposes, can be registered as a single independent part in the condominium registry. To do so, the appropriate modification document and occupancy certificate must be submitted to the Title Deeds Registry Office.

If this is not done, registration must be carried out through a court decree, which is a judgment made by the court. The details of this court decree are outlined as follows:

In any lawsuit involving the abolition of shareholding in a landed estate subject to immovable property ownership, the court cannot decide to divide the ownership of the estate among shareholders according to the terms in Article 12. This decision may only be sought in cases where a co-heir or shareholder requests a division of shares, with the independent parts of the estate being allocated separately according to specific immovable property ownership terms.

Independent parts that are designated for common use or whose income is used to cover shared expenses are registered in the condominium ownership records. The relevant part of the registration will indicate the “numbers of independent parts” that benefit from these shared resources. This information will also be reflected in the section of the statements of independent divisions.

II.OFFICIAL REGISTER OF THE CONDOMINIUM OWNERSHIP
ARTICLE 11

(Amendment dated 28.11.2007 – 5711 / Article 4)

Condominium ownership and property easement are registered in the condominium ownership register, which is maintained according to the Title Deeds Registry status. Unless specified otherwise in this law, the general provisions regarding registration also apply to the registration transactions related to condominium ownership.

For properties where the land registry has not been completed, condominium ownership and property easement are recorded in the Condominium Ownership Minute Book, which is kept separately in accordance with the format specified in the Title Deeds Status.

III.THE ESTABLISHMENT OF CONDOMINIUM OWNERSHIP
a) CLAIMS AND DOCUMENTS
ARTICLE 12

(Amendment dated 28.11.2007 – 5711 / Article 5)

To establish condominium ownership and convert main real estate to condominium ownership, the owner or all stakeholders of the property must submit the following documents to the Title Deeds Registry Office:

a) Layout Plan and Architectural Documents:

  • A layout plan showing the location of buildings.
  • An occupancy certificate.
  • An architectural project created by the project’s designer architect, signed by the owner or all stakeholders of the main real estate, and approved by the relevant public authorities.
  • The documents must clearly indicate the exterior walls and interior divisions of the building(s), the dimensions of independent divisions, the built-on spaces and common areas, the building plot shares of the independent divisions (calculated according to their location and area), and the construction area of the independent divisions.

b) Management Plan:

  • A management plan prepared based on the usage style of independent divisions, the characteristics of the buildings (if multiple structures are involved), and the provisions of Article 28.
  • This plan must be signed by the owner(s) who form the apartment ownership association.

c) Notarized List of Independent Divisions:

  • A notarized list, signed by the owner or all stakeholders of the main real estate, showing the building plot share of each independent division.
  • The list should include the type of each independent division (e.g., flat, residence, or business place), their sequence numbers (starting from one), and any built-on spaces (if applicable).
b) CONTRACT AND REGISTRATION
ARTICLE 13

(Amendment dated 13.4.1983 – 2814 / Article 5)

The title deed officer, after ensuring that all submitted documents comply with the regulations and that the petitioners or claimants are authorized, prepares the official contract for the establishment of immovable property easement or condominium ownership.

(Amendment dated 28.11.2007 – 5711 / Article 6)

The statement “Property of this real estate has been converted to condominium ownership” must be written in the ownership section of the condominium ownership log page where the construction servitude is registered, if the servitude status has changed to condominium ownership. Alternatively, it should be written in the title deed registry log page where the main real estate is registered, if condominium ownership is directly established during the agreement process. This ensures the page is closed to transactions other than servitude rights, which are to be established against and in favor of the main real estate.

Each independent division subject to condominium ownership is registered on a distinct page of the condominium ownership log. This page will include the building plot share, plate, block, parcel, book, and page number for that division. Additionally, the connection between logs is made by referencing the book and page numbers from the condominium ownership log of independent divisions to the general log page where the main real estate is registered.

Any rights currently recorded in the page of the main real estate, excluding servitude rights, will be transferred to the page of the independent divisions in the condominium ownership log. After the main real estate’s ownership is converted to condominium ownership, any servitude rights established against and in favor of the main real estate will also be registered in the page for the main real estate in the title deeds registry log, and condominium ownership will be indicated in the statements section of the condominium ownership log.

(Amendment dated 13.4.1983 – 2814 / Article 5)

Upon request, the immovable property owner can be provided with an approved copy of the project related to the independent part belonging to them, as outlined in Article 12, Clause (a) of the law. The property owner may also request a partitioned ownership document.

D) THE ESTABLISHMENT OF IMMOVABLE EASEMENT
ARTICLE 14

(Amendment dated 28.11.2007 – 5711 / Article 7)

The building plot owner or stakeholders who wish to establish immovable easement on a building plot where no building has been constructed or where construction is incomplete must submit a request along with the following documents:

  • The project and plan prepared according to Paragraph (a) of Article 12.
  • The management plan, as specified in Paragraph (b) of Article 12.
  • The list mentioned in Paragraph (c) of Article 12.

In cases of transitioning to condominium ownership, a separately prepared management plan is not required.

To establish immovable easement on a land, it must be indicated in the declaration column of the land’s register. For this registration to occur, the land share to be allocated to the related independent part should also be stated in the contract or petition. After the construction is completed, the numbers assigned to the independent parts, along with the additional parts attached to those independent parts (if they are subject to apartment ownership), are shown in the declaration column of the land register.

When one of the immovable easement right owners requests the transition from immovable easement to condominium ownership after the construction is completed, the registration will be carried out based on the official contract concerning the immovable easement, as well as the documents listed in Article 12 of the law. The previously submitted plan must also be approved by the municipality and comply with the law regarding the independent parts of the main real estate.

(Amendment dated 28.11.2007 – 5711 / Article 7)

For the main real estate with immovable easement, whose structures have been completed, the transition to condominium ownership must be completed within one year from the issuance of the occupancy certificate (Iskan).

Any property easement right owner who fails to complete or sign the necessary documents, as outlined in Article 12, to establish condominium ownership—despite receiving a written notification from another property easement right owner or the manager—will be subject to an administrative fine of 1000 Turkish Liras. This fine will be imposed by the municipality (if the main real estate is within the municipality’s boundaries) or the relevant public authority, for each independent division that belongs to the owner.

Section 3: The Rights of the Apartment Owners & The Rights of the Immovable Easement Owners

I. THE RIGHTS OF THE APARTMENT OWNERS:
a) On the independent parts:
ARTICLE 15

Apartment owners have full rights and authority over their independent parts of the property. All of their ownership rights are also protected under the Turkish Civil Code.

b) On the mutual Zones:
ARTICLE 16

Apartment owners, based on mutual ownership terms, have the right to access and use the mutual parts of the main landed estate, in proportion to their ownership share of the land. Their right to use these mutual parts is determined according to the ratio of the land share they hold. This ratio remains valid unless specified otherwise in their contract.

II. THE RIGHTS OF THE IMMOVABLE EASEMENT OWNER(S)
ARTICLE 17

Immovable easement owners have the right to file a lawsuit and demand payments for the construction to be completed on the shared land, within the specified timeframes and completion dates outlined in the contract.

(Amendment of date 13.04.1983-2814, Article 7)

An immovable easement owner can appoint one or more administrators to manage the construction. The appointed administrator can be one of the immovable easement owners or someone else who does not own an immovable easement related to the construction in question. The duties, authority, and responsibilities of the immovable property owner’s administrator also apply to the appointed administrator.

(Attached annex of date: 13.4.1983-2814, Article 7)

For landed estates where immovable easement rights have been established, if the construction is completed and two-thirds of the independent parts are in use, the terms of condominium ownership apply even if condominium ownership has not yet been formally established.

a) GENERAL RULE
ARTICLE 18

Apartment owners are collectively responsible for the proper use of their independent, additional, and shared parts, ensuring they meet the required standards. They must also be careful not to disturb one another or violate each other’s rights. Additionally, they are legally obligated to follow the terms of the management plan.

The rules concerning the debts of apartment owners also apply to those who live in the independent parts, those who have the right to reside there, or those who use these parts on a regular basis. As a result, individuals who fail to pay their debts are jointly and severally liable for the solidary obligation. Article 20 outlines the terms related to both expenses and insurance premiums.