Condominium Ownership Law

Independent ownership rights may be established, in accordance with the provisions of this Law, by the owner or the co-owners of the immovable property over those sections of a completed building, such as storeys, flats, offices, shops, stores, cellars and depots, which are suitable for separate and independent use.

Servitude rights may be established, in accordance with the provisions of this Law, by the owner of the land plot or the co-owners of the land plot over the sections, of the nature described in the first paragraph, of a building under construction or to be constructed in the future, to serve as the basis for the condominium ownership to be transitioned to after the building is completed.

II - Definitions:

For the purposes of this Law:

a) the whole of the immovable property subject to condominium ownership is called (Main property); only the principal structural part, (Main building); the sections of the main property which are suitable for separate and independent use and which are subject to independent ownership under the provisions of this Law, (Independent unit); the places outside an independent unit which are allocated directly to that unit, (Annex); the ownership right established over independent units, (Condominium ownership); and those holding this right, (Condominium owner);

b) the places of the main property remaining outside the independent units and serving for protection and for joint use or benefit are called (Common areas); and the rights of benefit over these places in which the condominium owners hold shares in their capacity as co-owners, (Right of use);

c) Amended: 13/4/1983, Law No. 2814, Art. 1 the servitude right established in accordance with the provisions of this Law by the owner or the co-owners of a land plot for the independent units of one or more buildings to be constructed or under construction on that land plot, with a view to their becoming subject to condominium ownership in the future, is called (construction servitude); and those holding this right, (holder of construction servitude);

d) the co-ownership shares in the land plot allocated to the independent units in accordance with the principle set out in this Law are called (Land share);

e) the official deed relating to the establishment of condominium ownership or construction servitude is called (Contract);

as indicated above.

III - Nature of condominium ownership and construction servitude:

Condominium ownership is a special form of ownership linked to the land share and to the common areas of the main property.

Amended second paragraph: 14/11/2007, Law No. 5711, Art. 1 Condominium ownership and construction servitude shall be established by clearly indicating, in accordance with the principles of co-ownership, the land share allocated in the project to each of the independent units of the main property subject to such ownership, in proportion to their values calculated according to their location and size. Where land shares have not been allocated in proportion to the shares of the independent units, each condominium owner or holder of construction servitude may apply to the court for the readjustment of the land shares. The land share allocated to each independent unit pursuant to this paragraph may not be changed by reason of any subsequent increase or decrease in the value of those units. The provision of Article 44 is reserved.

Amended third paragraph: 23/6/2009, Law No. 5912, Art. 1 Construction servitude is a type of servitude attached to the land share and shall be converted ex officio into condominium ownership, on the basis of the building occupancy permit to be issued for the entire building, in accordance with the conditions set out in this Law. This procedure may also be carried out upon the request of the owner of the land plot or of any one of the co-owners holding the construction servitude.

IV - Common areas:

The scope of the common areas may be specified in the contract. The places and things listed below shall in any event be deemed common areas under this Law.

a) Foundations and main walls, beams, columns and shear walls forming the load-bearing system and other elements forming part of the load-bearing system, common walls separating independent units, ceilings and floors, courtyards, main entrance doors, entrance halls, stairs, lifts, landings, corridors and the general toilets and washbasins located there, caretaker's flats or rooms, general laundry rooms and laundry drying areas, general coal stores and common garages, recesses and enclosed parts intended for the protection of electricity, water and gas meters and located outside the independent units, central heating rooms, wells and cisterns, general water tanks of the building, shelters,

b) Sewerage installations and refuse chutes outside each condominium owner's own unit, and heating, water, gas and electricity installations, common networks and antennas for telephone, radio and television, hot and cold air installations,

c) Roofs, chimneys, general roof terraces, rain gutters, fire escape stairs.

Other places and things which, although not listed above, are likewise necessary for joint use, protection or benefit also fall within the scope of (Common area).

B) Connections:

I - Connection between independent units and land share:

Where condominium ownership is transferred to another person or passes by way of inheritance, the land share attached to it shall pass together with it; the land share may neither be transferred separately from the condominium ownership or the construction servitude, nor pass by way of inheritance, nor be encumbered with any other right.

No land share may be left in the main property that is not attached to condominium ownership or in favour of which no construction servitude has been established.

Rights encumbering condominium ownership shall automatically encumber the land share as well.

No servitudes incompatible with the construction servitude may be established over the land plot subject to such right.

Rights registered or annotated on the page of the main property in the register before the establishment of condominium ownership on that property shall automatically encumber the condominium ownership as well, as a rule in proportion to the land share.

II - Connection between independent units and annexes and common areas:

Annexes such as coal stores, water tanks, garages, recesses for electricity, gas or water meters, and toilets, which are outside an independent unit and are allocated directly to that unit, shall be deemed an integral part of the independent unit to which they belong, and the owner of that unit shall also be the sole owner of the annexes.

Annexes shall be recorded in the (Declarations) column of the condominium register, and those of them lying outside the ground on which the main building stands shall additionally be shown on the cadastral plan or the title deed map.

No servitudes incompatible with condominium ownership and with the rights of the other condominium owners may be established over an independent unit.

Where independent units are transferred to another person, encumbered or leased, the annexes and common areas shall also automatically be deemed transferred, encumbered or leased.

C) Partition (dissolution of co-ownership) and right of pre-emption:

I - Partition:

Partition may not be requested in respect of immovable property subject to condominium ownership or construction servitude.

Independent units may be the subject of actions and enforcement proceedings as an independent immovable property, and partition may be requested in respect of them.

II - Right of pre-emption:

Amended first paragraph: 13/4/1983, Law No. 2814, Art. 3 Where one of the independent units of an immovable property on which condominium ownership has been established, or a land share to which a construction servitude is attached, is sold, the other condominium owners or holders of servitude rights shall have no right of pre-emption.

Where one of the co-owners of an independent unit sells his or her own share to another person, the other co-owners may exercise the right of pre-emption.

The contract may contain a provision contrary to this Article.

D) Scope of application of the general provisions:

In cases for which there is no provision in the register entry relating to condominium ownership or construction servitude, in the contract between the condominium owners, in the management plan or in this Law, disputes arising from condominium ownership shall be decided in accordance with the provisions of the Civil Code and other relevant laws.

CHAPTER TWO

Establishment of Condominium Ownership and Construction Servitude

A) General rule:

Condominium ownership and construction servitude arise by official deed and registration in the land register.

Condominium ownership may not be established over only one or several sections of the main property without converting the ownership of the whole of that property into (Condominium ownership).

Amended third paragraph: 14/11/2007, Law No. 5711, Art. 3 When condominium ownership is being established, more than one independent unit of the same type adjoining each other on the same floor, or several floors or sections of a building which form a whole in economic terms or in terms of use, such as a hotel, business premises or commercial premises, may be registered in the condominium register as a single independent unit. For such registration to be made, the corresponding amended project and the building occupancy permit must have been submitted to the Land Registry Directorate.

Amended fourth paragraph: 15/2/2018, Law No. 7099, Art. 4 Registration of condominium ownership may be carried out pursuant to an official deed drawn up by the land registry officer or in accordance with the following paragraphs.

Added paragraph: 15/2/2018, Law No. 7099, Art. 4 Provided that the independent units falling to the right holders have been determined, the procedure for establishing (…) construction servitude and condominium ownership in respect of a building to be constructed on the basis of a flat-for-land construction contract, a flat-for-land assignment contract or a notarised contract on the division of independent units concluded between the land owner and the contractor shall be carried out by the relevant administration upon the request of the contractor. In land registration procedures, the architectural project and the management plan prepared electronically and approved by the relevant administration shall be taken as the basis. The signature of the owner shall not be required on the architectural project and the management plan.

Added paragraph: 15/2/2018, Law No. 7099, Art. 4 Amended sixth paragraph: 9/6/2021, Law No. 7327, Art. 11 Change of type procedures for all buildings for which a building occupancy permit has been issued shall be carried out ex officio. A registration notification shall be prepared by the cadastre directorate on the basis of the building occupancy permit uploaded to the Spatial Address Registration System and sent electronically to the cadastre directorate by the administration authorised to issue the building occupancy permit, and of the building application project. Upon the registration notification sent to the land registry directorate, the change of type shall be registered ex officio without requiring any other document. If the immovable property whose type has been changed is subject to an established construction servitude, it shall be converted ex officio into condominium ownership on the basis of the official deed relating to the registration of the construction servitude and the documents listed in Article 12, without requiring any other document. These procedures shall be exempt from the revolving fund service fee.

In actions for partition of an immovable property suitable to be subject to condominium ownership, if one of the heirs or co-owners requests that the division be carried out by establishing condominium ownership and allocating independent units, the judge may decide that the ownership of that property be converted into condominium ownership on the basis of the documents listed in Article 12 and that the independent units be allocated separately to the co-owners with the shares being equalised.

Added paragraph: 14/11/2007, Law No. 5711, Art. 3 Independent units allocated to common benefit, whether for their income to be spent on common expenses or for another purpose, shall be registered in the condominium register by entering in their owner column the "numbers of the independent units" benefiting from them. This matter shall be shown in the declarations column of the independent units.

B) Condominium register:

Amended: 14/11/2007, Law No. 5711, Art. 4

Condominium ownership and construction servitude shall be registered in the condominium register to be kept in accordance with the Land Registry Bylaw. Unless otherwise provided in this Law, the general provisions on registration shall also apply to registrations to be made in the condominium register.

In places where cadastral survey has not yet been carried out, condominium ownership and construction servitude shall be registered, according to the form set out in the Land Registry Bylaw, in a Condominium Minutes Book to be kept separately.

C) Establishment of condominium ownership:

I - Request and documents:

Amended: 14/11/2007, Law No. 5711, Art. 5

For the establishment of condominium ownership, the owner or all co-owners of the main property must apply to the land registry administration with a request for the conversion of the main property into condominium ownership, together with the documents listed below:

a) Amended: 15/2/2018, Law No. 7099, Art. 5 The architectural project, prepared by the architect who is the author of the project, approved by the competent public institutions and organisations with the signatures of the owner or all co-owners of the main property obtained, and sent electronically to the land registry directorate, which clearly shows, for the main property, the exterior facades and interior layout of the building or buildings, the dimensions of the independent units, annexes and common areas, the land shares proportional to the values of the independent units calculated according to their location and size, their type such as storey, flat or office, their numbers starting from one and running consecutively, and the construction area of the independent units, together with the building occupancy permit.

b) A management plan prepared within the framework of the principles in Article 28 according to the manner of use of the independent units and, where there is more than one building, according to the characteristics of those buildings, and signed by the owner or owners establishing the condominium ownership.

c) Repealed: 23/6/2009, Law No. 5912, Art. 2

II - Contract and registration:

Amended first paragraph: 13/4/1983, Law No. 2814, Art. 5 After being satisfied that the documents submitted to him or her are complete and in due form and that the persons submitting the petition or making the request are authorised, the land registry officer shall draw up the official contract on the establishment of condominium ownership or construction servitude. This contract shall at the same time be deemed a request for registration.

Amended second paragraph: 14/11/2007, Law No. 5711, Art. 6 Once the contract has been drawn up, the phrase "The ownership of this immovable property has been converted into condominium ownership." shall be written in the ownership column of the condominium register page on which the construction servitude is recorded, in the case of conversion of construction servitude into condominium ownership, or of the land register page on which the main property is recorded, in the case of direct establishment of condominium ownership, and the page shall be closed to transactions other than servitude rights to be established in favour of or against the main property; each independent unit subject to condominium ownership shall be registered on a separate page of the condominium register, showing the land share attached to that unit and the map sheet, block, parcel, volume and page numbers in the general register in which the main property is recorded; and a link between the registers shall be established by entering the volume and page numbers of the independent units in the condominium register on the page of the general register in which the main property is recorded.

Amended third paragraph: 14/11/2007, Law No. 5711, Art. 6 The register records relating to rights previously existing on the page of the main property, with the exception of servitude rights, shall be transferred to the pages of the independent units in the condominium register. After the ownership of the main property has been converted into condominium ownership, servitude rights to be established in favour of or against the main property shall also be registered on the land register page of the main property and indicated in the declarations column of the condominium register.

Each independent unit registered in the condominium register shall acquire the character of a separate immovable property and shall take in the register the number in the certified plan of that unit.

Amended: 13/4/1983, Law No. 2814, Art. 5 In addition to the title deed with plan of the main property, the condominium owner shall, upon request, also be given a certified copy of the part relating to his or her own independent unit of the project specified in subparagraph (a) of Article 12.

D) Establishment of construction servitude:

Amended first paragraph: 23/6/2009, Law No. 5912, Art. 3 For a construction servitude to be established and registered in the land register over a land plot on which no building has yet been constructed or on which the building has not been completed, the owner or all co-owners of that land plot must submit to the land registry administration, together with the relevant request, the project prepared in accordance with subparagraph (a) of paragraph 1 of Article 12, approved by the competent public institutions and organisations with the signatures of the owner or all co-owners of the main property obtained and sent electronically to the land registry directorate, and the management plan referred to in subparagraph (b). No separate management plan shall be required upon transition to condominium ownership.

Construction servitudes over a land plot may only be established by indicating in the (Declarations) column of the register in which the land plot is recorded the land share requested in the contract or the petition to be allocated to the independent unit to which each construction servitude relates; and the numbers of the independent units that will become subject to condominium ownership after the building is completed in accordance with the submitted project, and the annexes attached to those units, shall be indicated in the declarations column of the register.

Amended third paragraph: 23/6/2009, Law No. 5912, Art. 3 Repealed paragraph: 9/6/2021, Law No. 7327, Art. 12

Added paragraph: 14/11/2007, Law No. 5711, Art. 7; Repealed: 23/6/2009, Law No. 5912, Art. 3

CHAPTER THREE

Rights of Condominium Owners and Holders of Construction Servitude

A) Rights of condominium owners:

I - Over the independent unit:

Condominium owners shall have, over the independent units belonging to them, all the rights and powers conferred on owners by the Civil Code, subject to the relevant provisions of this Law.

II - Over the common areas:

Condominium owners shall own all the common areas of the main property, in proportion to their land shares, in accordance with the provisions on co-ownership.

Condominium owners shall have a right of use in the common areas; unless otherwise agreed by contract, the extent of this right in places such as the general coal store, garage, terrace, laundry room and laundry drying areas shall be proportional to the land share of each condominium owner.

B) Rights of the holder of construction servitude:

Holders of construction servitude shall have the right to mutually demand and bring an action for the performance of the obligations incumbent upon them for the building to be constructed on the common land plot to be started and completed within the period stated in the contract.

Amended: 13/4/1983, Law No. 2814, Art. 7 Holders of construction servitude may appoint one or more persons from among themselves or from outside as manager for the completion of the building. The provisions concerning the duties, powers and responsibilities of the condominium manager shall also apply to this manager.

Added: 13/4/1983, Law No. 2814, Art. 7 In immovable properties on which a construction servitude has been established, if the building has actually been completed and two thirds of the independent units have actually begun to be used, the provisions on condominium ownership shall apply to the management of the main property even if the transition to condominium ownership has not taken place.

CHAPTER FOUR

Obligations of Condominium Owners and Holders of Construction Servitude

A) Obligations of condominium owners:

I - General rule:

Condominium owners are mutually obliged, when using their independent units as well as the annexes and common areas, to comply with the rules of good faith, in particular not to disturb one another and not to infringe one another's rights, and to comply with the provisions of the management plan.

The provisions of this Law concerning the obligations of condominium owners shall also apply to tenants in the independent units, to holders of the right of habitation (Sükna) and to persons who benefit from these units on a continuous basis in any manner whatsoever; those who fail to perform these obligations shall be jointly and severally liable together with the condominium owners.

Repealed last paragraph: 14/11/2007, Law No. 5711, Art. 24

II - Maintenance and protection of the main property and liability for damage:

Condominium owners are obliged to maintain the main property and to scrupulously preserve its architectural state, its appearance and its soundness.

Amended second paragraph: 14/11/2007, Law No. 5711, Art. 8 No condominium owner may, without the written consent of four fifths of all condominium owners, have construction, repairs or installations carried out, or exterior whitewashing or painting in a different colour done, in the common areas of the main property. However, where it has been established by the court that a defect in the common areas and installations has caused damage to the main building or to an independent unit or units and must be repaired urgently, or that the reinforcement of the main building is mandatory, the consent of the condominium owners shall not be required for such repair and reinforcement to be carried out in accordance with its project and technique. A condominium owner may not carry out repairs, installations or alterations in his or her own independent unit that are of a nature to damage the main building. In the connected parts of independent units that are connected to one another by a ceiling, floor or wall, repairs, installations and alterations that will not damage the main building may be carried out with the joint consent of the owners of those units.

Each condominium owner shall be liable to the other condominium owners for damage caused through his or her fault to the main property and to the other independent units.

III - Contribution to the general expenses of the main property:

Amended first paragraph: 13/4/1983, Law No. 2814, Art. 9 Unless otherwise agreed among them, each of the condominium owners:

a) equally, to the expenses of the doorkeeper, the boiler attendant, the gardener and the watchman and to the advance to be collected for them;

b) in proportion to his or her own land share, to the insurance premiums of the main immovable property, to the maintenance, protection, strengthening and repair expenses of all common areas and to other expenses such as the manager's salary, to the operating expenses of the common facilities and to the advance to be collected for the expenses;

shall be obliged to contribute.

c) Condominium owners may not avoid paying this share of expenses and advance by waiving their right of use over the common areas or facilities or by claiming that, owing to the situation of their own independent unit, there is no need or necessity to benefit from them.

Amended: 13/4/1983, Law No. 2814, Art. 9 An action may be brought and enforcement proceedings may be initiated against a condominium owner who does not pay his or her share of expenses or advance, by each of the other condominium owners or by the manager, in accordance with the management plan, this Law and the general provisions. A condominium owner who does not pay the entire share of expenses and advance shall be obliged to pay default compensation calculated at the rate of five percent per month for the days of delay in payment.

Where the expenses referred to in the first paragraph have been caused by a faulty act of one of the condominium owners or of a person who benefits in any manner from his or her independent unit, those who contributed to the expense shall have a right of recourse, for the payments they have made, against that condominium owner or against those who caused the expense.

IV - Insurance agreement:

The board of condominium owners may decide that the main immovable property be insured on the basis of a value to be determined by the board of condominium owners.

Where insurance is taken out, the condominium owners shall be obliged to contribute to the insurance expenses in proportion to their land shares.

In the event of the total destruction of the main immovable property, the insurance indemnity to be received shall, unless otherwise agreed, be distributed among the condominium owners in proportion to their land shares.

Where only one or several independent units or their annexes or part of the common areas have been damaged, the insurance indemnity to be received shall be spent on the repair of the damaged parts in proportion to the land shares.

In order to cover their losses that cannot be compensated by the insurance of the main immovable property, the condominium owners may additionally have their own independent units insured in their own name and for their own account; in this case, the insurance indemnity to be received shall belong solely to them, their shares in the insurance indemnity of the main immovable property being separately reserved.

The mandatory provisions on insurance are reserved.

V - Security for common expenses:

Amended first paragraph: 13/4/1983, Law No. 2814, Art. 10 Persons who permanently benefit from one of the independent units on the basis of a lease contract, a right of habitation (sükna) or any other ground shall also be jointly and severally liable for the debt of expenses and advance falling to the share of the condominium owner under Article 20 and for the default compensation. However, the liability of the tenant shall be limited to the amount of rent which he or she is obliged to pay, and the payment made by the tenant shall be deducted from the rent debt.

If the debt of the condominium owner cannot be collected by this means either, a statutory mortgage right shall be registered in favour of the other condominium owners, for the amount of that debt, on the independent unit of the condominium owner who does not pay his or her debt as determined by the court, upon the written request of the manager, if any, or otherwise of one of the condominium owners. Amended last sentence: 14/11/2007, Law No. 5711, Art. 10 The provision of the last paragraph of Article 893 of the Turkish Civil Code No. 4721 shall also apply here.

Amended: 13/4/1983, Law No. 2814, Art. 10 The receivables of the condominium owners from the condominium owner who does not pay his or her debt of expenses or from the other liable persons shall have priority.

VI - Obligation to permit:

Where it is necessary to enter another independent unit for the repair or remedying of damage or a defect occurring in the independent unit of one of the condominium owners or in the facilities of that unit, or for the reconstruction of the facilities, or for technical inspections deemed necessary in relation to building safety, the owner of that unit or those residing in that unit in another capacity shall be obliged to grant permission to enter and to tolerate the performance of the necessary works in the unit.

In the event of the partial destruction of the main immovable property, where it is necessary to make use of the inside or outside of the independent units that have remained intact for the reconstruction of the destroyed independent units and their annexes or of the common areas or of the facilities in the independent unit, the owners of those units or those residing there in another capacity shall be obliged to permit this.

The owners of the independent units in whose favour permission has been granted shall be obliged to compensate immediately the damage that the condominium owners or those residing there in another capacity suffer because of the permission referred to in the paragraphs above.

VII - Prohibited activities:

Establishments such as hospitals, dispensaries, clinics, polyclinics and pharmaceutical laboratories may not be set up in an independent unit of the main immovable property shown in the register as a residence, business premises or commercial premises; contracts of the condominium owners to the contrary shall be null and void; consulting rooms that are not in the nature of a dispensary, clinic or polyclinic are outside the scope of this provision.

In an independent unit of the main immovable property shown in the register as a residence, places of entertainment and assembly such as cinemas, theatres, coffeehouses, casinos, nightclubs, bars, clubs, dance halls and the like, places of food and nutrition such as bakeries, restaurants, pastry shops and dairy shops, and places such as workshops, dye houses, printing houses, shops, galleries and arcades may be opened only by a decision to be taken unanimously by the board of condominium owners.

Added paragraph: 13/2/2011, Law No. 6111, Art. 194 Until a regulation is made in the Attorneyship Law No. 1136 concerning law offices and law firms, attorneys' offices and law firms in residences shall continue their activities. This period shall be two years from the date on which this article enters into force. This provision shall also apply to offices opened by members of the profession until the relevant regulation is made in the Law No. 3568 on Independent Accountancy and Financial Advisory and Sworn Financial Advisory.

This decision shall be annotated, upon the request of the manager or of one of the condominium owners, on the pages of all independent units in the condominium ownership register.

VIII - Obligation to transfer condominium ownership:

If one of the condominium owners, by failing to fulfil the debts and obligations incumbent upon him or her under this Law, violates the rights of the other condominium owners to such a degree that the situation becomes unbearable for them, they may request the judge that the ownership right of that condominium owner over his or her separate unit be transferred to them.

Amended second paragraph: 14/11/2007, Law No. 5711, Art. 12 With respect to such a condominium owner, the bringing of an action for the transfer of the ownership of the independent unit to the other condominium owners in proportion to their land shares, against payment to that condominium owner of the value of that ownership as at the date closest to the judgment, shall, unless otherwise agreed, be subject to a decision taken by the majority of the other condominium owners both in number and in land shares. If, despite this decision, some of the condominium owners do not wish to bring this action, the other condominium owners shall bring the action, and before rendering judgment the judge shall grant the claimants an appropriate time limit, to be determined ex officio, for depositing the transfer price in a bank in a three-month term deposit account, to be paid subsequently to the person entitled, and for submitting the receipt. Where a document showing that the transfer price has been deposited within the time limit is submitted and the action is accepted, the judge shall rule that the ownership of the defendant's independent unit be transferred to the condominium owners who brought the action in proportion to their land shares and that the transfer price be paid to the defendant together with the accrued interest.

In the following cases, the unbearableness referred to in the first paragraph shall in any event be presumed to exist:

a) causing enforcement or court proceedings to be brought against him or her three times within two calendar years for failure to pay his or her debts arising from the common expenses and the advance;

b) persisting continuously for one year in violating the rights of the other condominium owners by failing to fulfil the debts and obligations set out in this Law, despite the order given under Article 33 by the civil judge of peace of the place where the main immovable property is located;

c) acting contrary to morality and decency by using his or her own independent unit as a house of assignation, a gambling house or a similar place.

Amended fourth paragraph: 14/11/2007, Law No. 5711, Art. 12 The right of action under this article shall lapse if it is not exercised within six months from the date on which the decision of the condominium owners to bring an action concerning the transfer is learned and in any event within five years from the accrual of the right of action, or if the ground for the action has ceased to exist.

B) Debts of the holders of construction servitude:

The holders of construction servitude shall be mutually obliged to perform in due time the debts incumbent upon them for the completion, in accordance with the contract and the plan, of the building to be constructed on the common land subject to this right with a view to its later conversion into condominium ownership, and to facilitate the construction work in accordance with the rules of good faith.

Amended second paragraph: 14/11/2007, Law No. 5711, Art. 13 If one of the holders of construction servitude does not perform the debts incumbent upon him or her within two months from the date of a warning served through a notary public, despite that warning, the judge, upon the written request of the others, shall rule that his or her land share and construction servitude be transferred to the other co-owners in proportion to their land shares, in return for their value as at the date closest to the judgment.

If the construction servitude lapses because the building could not be constructed within the statutory period owing to the fault of one of the holders of construction servitude, the party at fault shall be obliged to compensate the damage suffered by the others as a result.

CHAPTER FIVE

Management of the Main Immovable Property

A) General assembly:

The main immovable property shall be managed by the board of condominium owners, and the manner of management shall be decided by this board, subject to the mandatory provisions of the laws.

B) Management plan:

The management plan shall regulate the manner of management, the purpose and manner of use, the remuneration to be received by the manager and the auditors and other matters relating to management. The management plan shall have the force of a contract binding on all condominium owners.

In cases where there is no provision in the management plan, disputes arising from the management of the main immovable property shall be decided in accordance with this Law and the general provisions.

Amended: 13/4/1983, Law No. 2814, Art. 11 The vote of four fifths of all condominium owners is required for the amendment of the management plan. The right of the condominium owners to apply to the court under Article 33 is reserved.

The management plan and the amendments made to it shall bind all condominium owners, their universal and singular successors, and the manager and the auditors.

The dates of the management plan and of the amendments subsequently made to it shall be shown in the (Declarations) column of the condominium ownership register, and these amendments shall be attached to the management plan and kept among the documents establishing the condominium ownership.

C) Meeting and decisions of the board of condominium owners:

I - Time of meeting:

The board of condominium owners shall meet not less than once a year at the times specified in the management plan or, if no such time has been specified, within the first month of each calendar year. Added sentence: 14/11/2007, Law No. 5711, Art. 14 In collective housing developments, however, the boards shall meet not less than once every two years at the latest, at the times specified in their management plans or, if no such time has been specified, within the first month of the second calendar year.

In the event that an important reason arises, the board of condominium owners may meet at any time upon the request of the manager or the auditor or of one third of the condominium owners, by means of a notice to be signed by all condominium owners or a registered letter, at least fifteen days before the date requested for the meeting, provided that the reason for the meeting is also stated.

When the first notice is issued, it shall also be specified where and on which date the second meeting will be held in the event that the quorum cannot be reached at the first meeting. Added sentence: 14/11/2007, Law No. 5711, Art. 14 The time to be left between the first meeting and the second meeting may not be less than seven days.

II - Quorum:

The board of condominium owners shall meet with more than half of the condominium owners in terms of both number and land share and shall take decisions by majority of votes.

Amended second paragraph: 14/11/2007, Law No. 5711, Art. 15 In the event that the first meeting cannot be held because the quorum cannot be reached, the second meeting shall be held fifteen days later at the latest. The decision quorum at this meeting shall be the absolute majority of those attending.

The provisions separately laid down in this Law regarding the quorum are reserved.

III - Participation in voting:

Each condominium owner shall have a single vote, regardless of the proportion of his or her land share.

A condominium owner who has more than one independent unit in the main immovable property shall have a separate vote for each independent unit; nevertheless, whatever the number of independent units owned by him or her, the number of votes he or she holds may not exceed one third of all votes; fractions shall not be taken into account in calculating the votes.

If an independent unit has more than one owner, they shall be represented at the board of condominium owners by one of them to whom they grant a power of attorney. If one of the condominium owners lacks legal capacity, he or she shall be represented by his or her legal representative.

A condominium owner directly concerned by the decision to be taken may be present at the deliberations but may not participate in the vote.

Amended last paragraph: 14/11/2007, Law No. 5711, Art. 16 A condominium owner may cast his or her vote through an authorised proxy. A person may not be appointed as proxy to cast more than five percent of the number of votes. However, in immovable properties subject to condominium ownership with forty or fewer units, one person may act as proxy for at most two persons.

IV - Decisions:

The main immovable property shall be managed according to the decisions to be taken by the board of condominium owners in accordance with the contract, the management plan and the provisions of law.

All condominium owners and their universal and singular successors, the manager and the auditors shall be obliged to comply with the decisions of the board of condominium owners.

Disputes arising from the use or management of the main immovable property between the condominium owners, or between them and the manager and the auditors, or between the auditors and the managers, shall be resolved and decided by the board of condominium owners.

The decisions of the board of condominium owners shall be entered in a book bearing page numbers running consecutively from (1), each page of which is certified with a notary's seal, and shall be signed by all condominium owners present at the meeting; those voting against the decision shall sign stating the reason for their dissent.

Disputes arising later on a matter shall, as a rule, be resolved in accordance with a decision previously taken on the same matter, if such a decision exists in the decision book.

V - Intervention of the judge:

Amended first paragraph: 14/11/2007, Law No. 5711, Art. 17 An action for annulment against decisions taken by the board of condominium owners may be brought before the civil court of peace of the place where the main immovable property is located by each condominium owner who attended the board meeting but voted against under Article 32, within one month from the date of the decision, and by each condominium owner who did not attend the meeting, within one month from learning of the decision and in any event within six months from the date of the decision; in cases where decisions of the board of condominium owners are deemed non-existent or absolutely null and void, no time limit requirement shall apply. The condominium owner or owners who suffer damage because one of the condominium owners, or a person who permanently benefits from his or her unit on the basis of a lease contract, a right of habitation or any other ground, fails to fulfil his or her debts and obligations may apply to the civil court of peace of the place where the main immovable property is located and request the intervention of the judge.

The judge, after hearing the persons concerned, shall immediately render a decision in accordance with this Law and the management plan and, where these contain no provision, in accordance with the general provisions and the rules of equity, and shall notify in person or serve on the person concerned the necessity of complying with it within a short time limit to be determined by the judge.

Amended third paragraph: 14/11/2007, Law No. 5711, Art. 17 Those who do not comply with the judge's decision within the time limit determined shall be imposed an administrative fine of from two hundred and fifty Turkish Liras to two thousand Turkish Liras by the same court. The provision of Article 25 is reserved.

D) Manager:

I - Appointment:

The condominium owners may entrust the management of the main immovable property to a person whom they shall elect from among themselves or from outside, or to a board of three persons; such person shall be called the (Manager) and the board the (Management board).

If the main immovable property has eight or more independent units, the appointment of a manager is mandatory.

If all units of the main immovable property are owned by one person, the owner shall by law be in the position of manager.

The manager shall be appointed by the majority of the condominium owners in terms of both number and land share.

The manager shall be appointed anew each year at the statutory annual meeting of the board of condominium owners; the former manager may be reappointed.

If the condominium owners cannot agree on the management of the main immovable property or cannot meet and appoint a manager, a manager shall be appointed for the immovable property by the civil court of peace of the place where that immovable property is located, upon the application of one of the condominium owners and, if possible, after hearing the others as well. This manager shall have exactly the same powers as a manager appointed by the condominium owners and shall be accountable to the condominium owners.

A manager appointed by the civil court of peace may not be replaced by the board of condominium owners until six months have elapsed from that appointment. However, if a justified reason arises, the civil court of peace which appointed the manager may permit the replacement.

In the contract concluded with the manager upon appointment, it may be stipulated that he or she provide security; even if there is no such stipulation in the contract, the board of condominium owners may request the manager to provide security if a justified reason arises.

Amended last paragraph: 14/11/2007, Law No. 5711, Art. 18 It is mandatory that the first name and surname and the business and home addresses of the manager be posted in a frame next to the door of the main immovable property or at a visible place at the entrance. If this is not done, an administrative fine of from fifty Turkish Liras to two hundred and fifty Turkish Liras shall be imposed by the same court, upon the application of the person concerned, on the manager or on each of the members of the management board.

II - Duties of the manager:

1. Performance of general management affairs:

The duties of the manager shall be specified in the management plan; unless otherwise provided in the management plan, the manager shall perform the following tasks:

a) implementation of the decisions taken by the board of condominium owners;

b) taking the necessary measures for the use, protection, maintenance and repair of the main immovable property in accordance with its purpose;

c) having the main immovable property insured;

d) collecting from the condominium owners, until the operating project is approved, the advance for the general management affairs of the main immovable property, for maintenance work such as protection, repair and cleaning, for the operation of the elevator, central heating and hot and cold air systems and for insurance, at the time specified in the management plan or, if no such time has been specified, within the first month of each calendar year;

e) accepting all other payments relating to the management of the main immovable property, paying the debts arising from management and, if separately authorised by the condominium owners, collecting the rents of the independent units;

f) accepting service of documents concerning the main immovable property as a whole;

g) taking the necessary measures to prevent the expiry of a time limit or the loss of a right concerning the main immovable property;

h) taking, on behalf of the condominium owners, the necessary measures in matters that are in their interest for the protection and maintenance of the main immovable property;

i) bringing actions and initiating enforcement proceedings against condominium owners who do not fulfil their debts and obligations relating to condominium ownership and having the statutory mortgage right registered in the condominium ownership register;

j) having an account opened in a reputable bank in his or her own name but with an indication of his or her capacity as manager of the main immovable property, in order to deposit and, when necessary, withdraw the money and advances collected;

k) convening the board of condominium owners.

l) Added: 4/4/2015, Law No. 6645, Art. 82 having the monthly maintenance and annual inspections of the elevators in the main immovable property carried out in accordance with the relevant technical regulations in order to ensure their safe operation, and paying the fees relating to these operations.

Added paragraph: 4/4/2015, Law No. 6645, Art. 82 In a main immovable property where no manager has been appointed despite the conditions specified in Article 34 of this Law being met, the condominium owners shall be jointly responsible for having the tasks listed in the first paragraph carried out.

2. Keeping of the book and retention of documents:

The manager shall be obliged to enter the minutes of the decisions of the board of condominium owners, the summaries and dates of the warnings given and documents served, and all expenses, in chronological order in the book referred to in Article 32, and to keep this book, together with the supporting documents of the expenses and all other documents, in a file.

It is mandatory that this book be closed by a notary public, at the instance of the manager, within one month from the end of each calendar year.

The penalties set out in the last paragraph of Article 33 shall be applied to a manager who does not fulfil the duties set out in this article.

3. Preparation of the operating project:

Amended: 13/4/1983, Law No. 2814, Art. 12

Amended first paragraph: 7/5/2026, Law No. 7579, Art. 4 The operating plan (budget) shall be approved at the general meeting of the condominium owners. If there is no operating plan adopted by the board of condominium owners, the manager shall, without delay, draw up a provisional operating plan to apply until an operating plan is approved by the board of condominium owners within three months at the latest.

In this plan, in particular:

a) The estimated amounts of income and expenditure for one year of management of the main immovable;

b) The estimated amount of all expenses falling on each condominium owner according to the principles laid down in Article 20 of this Law;

c) Amended: 7/5/2026, Law No. 7579, Art. 4 The amount of the advance payment that each condominium owner must pay according to the principles laid down in Article 20;

shall be shown.

This plan shall be notified to the condominium owners or to those actually using the independent units, against their signature or by registered letter, and a decision shall be taken at the general meeting, within three months at the latest, on its adoption as it is or with amendments. Repealed sentence: 7/5/2026, Law No. 7579, Art. 4

Operating plans that have become final, or decisions of the board of condominium owners concerning operating expenses, shall be deemed to be among the documents specified in paragraph 1 of Article 68 of the Enforcement and Bankruptcy Law.

Added paragraph: 7/5/2026, Law No. 7579, Art. 4 Where an operating plan is in existence, the amount envisaged for the provisional operating plan shall be determined each year, effective from the beginning of the calendar year, on the basis of the amount of the operating plan in force, provided that it does not exceed the revaluation rate determined and announced for the preceding year pursuant to repeated Article 298 of the Tax Procedure Law No. 213 of 4/1/1961, and shall be submitted to the board of condominium owners in accordance with the procedure set out above.

III. Liability of the manager:

1. General rule:

The manager shall be liable to the condominium owners exactly as an agent (attorney-in-fact).

Added paragraph: 14/11/2007, Law No. 5711, Art. 19 Actions for the annulment of decisions of the board of condominium owners, the board of block representatives or the board of representatives of the housing complex may be brought by directing the action against the manager as representing the condominium owners, and, in housing complexes, against the manager elected by the board of block representatives or the board of representatives of the housing complex. The manager shall notify all condominium owners and the board of block or housing complex representatives of the action brought. Where the board decision is annulled, the litigation costs relating thereto shall be covered from the common expenses.

2. Rendering of accounts:

The manager shall be obliged to render to the board of condominium owners, at the times specified in the management plan or, if no such time is specified, within the first month of each calendar year, an account of the income obtained and the expenses incurred up to that date in respect of the main immovable.

If half of the condominium owners so request, irrespective of their land shares, the manager may be required to present the accounts also outside the times specified in the management plan.

IV. Rights of the manager:

As a rule, the manager shall have the rights of an agent.

If the condominium owners fail to perform their debts and obligations in due time and in full despite a warning served through a notary public at the instance of the manager, the manager may, without being obliged to pay any compensation, terminate his contract, withdraw from the office of manager and claim from the condominium owners compensation for the damage he has suffered as a result.

Even if no remuneration has been fixed in the management plan or in the contract concluded with him, the manager may claim a reasonable remuneration from the condominium owners.

Amended: 13/4/1983, Law No. 2814, Art. 13 The board of condominium owners shall decide whether a manager appointed from among the condominium owners shall contribute to the ordinary management expenses and, if so, in what proportion. If no decision to this effect has been taken, the manager shall not contribute, during his term of office, to half of the ordinary management expenses falling to him.

E) Supervision of management:

The board of condominium owners shall continuously supervise the conduct of the manager in this office and may replace him at any time if a just cause arises.

If no specific time has been set in the management plan for the auditing of the accounts, such audit shall be carried out once every three months; nevertheless, if a just cause arises, the accounts may be audited at any time.

The board of condominium owners may entrust the task of supervision to an auditor or to a three-member audit board to be elected from among themselves by a majority in number and in land shares; in that case, the auditor or the audit board shall, at the times specified in the management plan or, if no time is specified, within the first month of each calendar year, report the results of the audit and their views on the manner of management of the main immovable by means of a report to be submitted to the board of condominium owners; this report shall be reproduced and one copy shall be sent to each condominium owner by registered letter.

The auditors shall enter this report, the decisions they take and other matters they deem necessary into a book bearing consecutive page numbers starting from (1), each page of which is certified with a notary's seal, and shall date and sign beneath the entries.

F) Innovations and additions:

I. Useful ones:

The condominium owners may not, on their own initiative, make any alteration in the common areas of the main immovable; all innovations and additions serving to put the common areas in good order, to make their use more convenient and easier, or to increase the benefit to be derived from these areas shall be carried out upon a decision taken by a majority of the condominium owners in number and in land shares.

Added paragraph: 1/7/2005, Law No. 5378, Art. 19 Where it is necessary for the life of persons with disabilities, a modification of the project shall be discussed at a meeting of the condominium owners to be held within three months at the latest and shall be decided by a majority in number and in land shares. If the meeting cannot be held within this period or the modification request is not accepted by a majority, construction, repair and installation works shall be carried out, upon the request of the condominium owner concerned, in accordance with a certified project modification or sketch to be obtained from the competent authorities on the basis of a commission report stating that the safety of the building is not endangered. The competent authorities shall conclude requests for certified project modifications or sketches within six months at the latest. The procedures and principles concerning the formation and working method of the commission and the process following use by the person with disabilities shall be determined by a regulation to be prepared jointly by the Ministry of Public Works and Settlement and the Presidency of the Administration for Persons with Disabilities.

The expenses of these works shall be paid by those benefiting from the innovations, in proportion to their benefit.

Amended fourth paragraph: 18/4/2007, Law No. 5627, Art. 16 Upon the request of one of the condominium owners, thermal insulation, fuel conversion of the heating system, and conversion of the heating system from a central system to an individual system or from an individual system to a central system shall be carried out upon a decision taken by a majority of the condominium owners in number and in land shares. However, in buildings with a total construction area of two thousand square metres or more, conversion of the central heating system into an individual heating system shall be carried out upon a decision taken unanimously by the condominium owners in number and in land shares. The expenses of the common works to be carried out in this respect shall be paid in proportion to the land shares. The procedures and principles concerning the apportionment of heating expenses in central heating systems shall be regulated by a regulation to be put into force by the Ministry of Public Works and Settlement.

Amended fifth paragraph: 18/4/2007, Law No. 5627, Art. 16 Where it is decided to convert the heating system from a central system to an individual system or from an individual system to a central system, the provisions of the management plan contrary to that decision shall be deemed to have been amended.

II. Those that are very costly or luxurious:

If the innovations and additions desired to be made are very costly, or are of a luxurious nature having regard to the particular condition of the building, or are not located in those parts or passages of the main immovable which must necessarily be used by all condominium owners, a condominium owner who does not wish to benefit from them shall not be obliged to contribute to the expense; the expense of such innovations and additions shall be paid by the condominium owners who decided that they be made.

Nevertheless, if a condominium owner who did not initially contribute to the expenses, or his universal or singular successors, subsequently contribute to the expenses of making and maintaining the innovations and additions in proportion to their land shares, they shall acquire the right to benefit from the luxurious innovation or addition made.

III. Addition of an independent unit:

For the addition of a storey on top of the main immovable, or the construction of a full storey in place of an existing setback storey, or the subsequent construction or addition, on the ground or basement floors or on the vacant part of the land, of the areas specified in the second paragraph of Article 24:

a) That the board of condominium owners decides thereon unanimously;

b) That the land shares to be allocated to all independent units of the main immovable, including the newly added ones, according to the condition the main immovable will acquire after such construction, are determined anew, in accordance with due procedure and unanimously;

c) That a construction servitude is established in accordance with Article 14, by an official deed to be executed before the land registry officer, on the land share allocated to the new independent unit to be added, that this is registered in the servitudes column of the condominium register for all independent units of the main immovable, and that a link is established with the closed former register page of the main immovable in accordance with Article 13;

are required.

The official deed shall state that the condominium owners who consent to such additions and extensions but do not themselves wish to participate have accepted the allocation, to the independent units of those who have the addition made, of the portion of their land shares reduced by reason of such additions.

In that case, on condition that the value of the portion of the land shares of the condominium owners not participating in the construction of the new independent unit reduced by reason of the new allocation is paid to them, the newly constructed independent unit shall be converted into condominium ownership pursuant to the former official deed concerning the establishment of the construction servitude and shall become the property of the person who had it constructed or the common property of those who had it constructed, and shall be registered on a separate page of the condominium register in the name of the new owner or owners.

G) Dispositions of title and important matters:

Dispositions of title, such as encumbering the main immovable with a right or dividing the land and transferring ownership of the divided part to another person, or important management matters, such as leasing the external walls, roof or terrace roof of the main building for advertising purposes, may be carried out only upon a decision taken unanimously by all condominium owners.

CHAPTER SIX

Termination of Condominium Ownership and Construction Servitude

A) Termination of condominium ownership:

I. By destruction of the main immovable together with its land, or by its expropriation:

Condominium ownership shall terminate upon cancellation of the registration entry in the condominium register.

Condominium ownership shall not terminate automatically upon all independent units of the main immovable coming into the ownership of a single person.

The registration entry shall be cancelled upon the written request of all condominium owners, or of the owner who has come to hold all independent units in his ownership, for the conversion of the condominium ownership in the main immovable into ordinary ownership, and that immovable shall be registered by being transferred to a new page in the general register according to the land shares attached to the independent units, with a link established to its former entries. If changes have occurred in the character of the main immovable after the establishment of condominium ownership, these shall also be entered in the new registration entry.

If one of the independent units is encumbered with a right in rem or with a personal right annotated in the register, the conversion of condominium ownership in the main immovable into ordinary ownership and the cancellation of the registration entry in the condominium register may not be requested unless that right is deleted from the register with the consent of the right holder.

If the holder of the encumbering right does not consent to the cancellation of the registration entry but consents to the transfer of his right only to the ownership share belonging to the debtor or, depending on the nature of the right, to all co-ownership shares, this right shall, without being deleted from the register, be registered in the general register by being carried over only onto the debtor's share or onto all co-ownership shares in the immovable under ordinary ownership.

In the event of total destruction of the main immovable together with its land, or of its expropriation, the registration entry shall be cancelled in accordance with the general provisions.

If the main immovable is expropriated, the expropriation compensation for each independent unit shall be assessed separately, taking into account also the land share and the appurtenances attached to it, and shall be paid to the owner of that unit.

II. Destruction of the main building:

If the main building has been destroyed in its entirety, condominium ownership in the main immovable shall terminate automatically.

If one of the independent units of the main building is totally destroyed and the owner of that unit does not have his unit rebuilt within two years, the other condominium owners, or some of them, may, within one year from the expiry of that period, request the judge to have the land share pertaining to that unit transferred to them against its value and in proportion to their land shares. In that case, the transferred land shares shall be noted in the (Declarations) column of the relevant pages of the condominium register; those who have taken over the land share shall be obliged, within two years from the date of transfer, to have the destroyed independent unit rebuilt, or, within the same period, all condominium owners shall be obliged to have the land shares attached to the independent units recalculated according to the principles in paragraph 2 of Article 3 of this Law and entered in the condominium register.

If the provision of the above paragraph is not complied with, condominium ownership in the main immovable shall terminate automatically, and the provisions on co-ownership shall apply both to that immovable and to the insurance indemnity received for the destroyed units.

If more than one independent unit is totally destroyed and the rebuilding of one of them depends on the rebuilding of another, the condominium owners whose independent units have been destroyed shall be obliged to notify the other condominium owners in writing, within six months from the date of destruction, whether or not they will have them rebuilt. Amended last sentence: 14/11/2007, Law No. 5711, Art. 20 Those who fail to notify shall be deemed not to wish to have them rebuilt, and their land shares shall be transferred, against their value, with priority to those who wish to have their units rebuilt.

Condominium ownership in the destroyed independent units shall automatically be converted into a construction servitude during the periods specified in this Article, and a provisional annotation shall be entered in the declarations column of the condominium register. Once the independent unit has been built, condominium ownership in it shall arise anew and the provisional annotation shall be deleted from the register.

III. Duty of notification and cancellation of the entry:

In the event of total or partial destruction of the main immovable or the main building, the situation shall immediately be notified by the manager to the land registry office of the place where that immovable is located and to all condominium owners, or, if there is no manager, by the condominium owner whose independent unit has been destroyed to the land registry office; for all damages arising from failure to give such notification, the condominium owner whose independent unit has been destroyed shall be liable, and the manager shall be jointly and severally liable for one fifth of the damage, and the Treasury shall not be liable.

Upon termination of condominium ownership, the pages in the condominium register shall be closed and the record of the immovable shall be registered in the general register according to the principles of co-ownership in proportion to the land shares, showing the parts of the main building that have remained intact and establishing a link with the general register entry prior to the establishment of the condominium register. In that case, the provisions on co-ownership shall also apply to the insurance indemnities and the debris.

If the owner or co-owners wish to construct a new building, again on the basis of condominium ownership, on the land of a main building that has been totally destroyed, the provisions on the establishment of construction servitude and condominium ownership shall apply.

B) Termination of construction servitude:

The owner or co-owners of the land that is the subject of a construction servitude may terminate this servitude at any time by having the registration entry relating to the construction servitude cancelled by means of a written declaration to be submitted to the land registry officer.

A construction servitude shall terminate automatically upon the total destruction of the land that is its subject, or upon that land becoming unbuildable, or upon its expropriation.

Amended paragraph: 13/4/1983, Law No. 2814, Art. 14 If no building is constructed within five years on the land that is the subject of a construction servitude in accordance with the plan submitted at the time of establishment of this servitude, the civil court of peace judge shall, upon the request of one of the owners and after hearing the persons concerned where necessary, decide, depending on the circumstances, on the termination of the construction servitude or on its extension for a specified period. The period may be extended again upon request.

Amended paragraph: 13/4/1983, Law No. 2814, Art. 14 Where the construction servitude is removed pursuant to the above paragraph, the entry in the land register shall be cancelled.

CHAPTER SEVEN

Final Provisions

A) Prohibitions:

After the entry into force of this Law, no servitude may be established under the Civil Code or other laws in order to enable one of the co-owners of an immovable to benefit alone from a part of that immovable as if he were a condominium owner.

Condominium ownership may not be established in buildings that are not entirely of masonry construction.

B) Adaptation to the new situation:

I. In servitudes established after the entry into force of the Civil Code:

Amended first paragraph: 30/4/1969, Law No. 1166, Art. 1 It shall be mandatory that ownership of immovables on which, after the entry into force of the Civil Code and until the date of entry into force of this Law, a servitude has been established in order to enable one of the co-owners of an immovable to benefit alone from a part of that immovable as if he were a condominium owner, be converted into condominium ownership and registered in the condominium register by 2/1/1971. If this is not done, the servitudes shall terminate and only the co-ownership shall continue.

The conversion of ownership in the immovable into condominium ownership pursuant to the first paragraph and its registration in the condominium register shall be carried out, upon the application of one of the co-owners to the land registry office, on the basis of the documents held at the land registry office and the photograph referred to in subparagraph (b) of Article 12 of this Law; in that case, it shall suffice that the photograph be certified with the signature of the co-owner applying to the land registry office.

The other co-owners may neither object to this conversion nor refuse to contribute to its expenses or to draw up a management plan; in case of refusal, the provision of Article 33 concerning intervention by the judge shall apply.

II. In rights established before the Civil Code:

Rights established before the date of entry into force of the Civil Code under names such as (air right, room ownership) shall, within three years from the entry into force of this Law, be converted into condominium ownership or construction servitude under this Law in accordance with the provisions set out below:

a) If the building parts that are the subject of these rights exist on the immovable, the right holders shall, by a contract to be concluded among themselves, become co-owners of the land of that immovable under the co-ownership provisions of the Civil Code, in proportion to the values of their parts and without being obliged to pay any consideration, and shall establish condominium ownership in accordance with the relevant provisions of the Condominium Ownership Law.

b) If the building parts do not exist and only an air right exists, this right shall automatically be converted into a construction servitude by the right holder becoming a co-owner of the land according to the principles in subparagraph (a), and shall be registered in the register accordingly.

c) If the right holders do not, by agreement, convert their former rights into condominium ownership or construction servitude within three years from the date of entry into force of this Law, such conversion shall be carried out by the land registry office of the place where the immovable is located, by determining the land shares in proportion to the values of the separate parts and preparing the necessary documents, in accordance with the principles in subparagraphs (a) and (b) of this Article, upon the application of one of the right holders or directly, and the situation shall be notified to all right holders.

The expenses required for the direct conversion of these rights into condominium ownership or construction servitude by the land registry office shall be paid by the Treasury and recovered from the right holders in accordance with the provisions of the special law on the collection of public receivables.

The right holders may object to the decision of the land registry office by bringing an action before the civil court of peace within one month from its notification to them.

III. Management of construction servitudes established under the Civil Code:

Until servitudes established before the date of entry into force of this Law in order to enable one of the co-owners of an immovable to benefit alone from a part of that immovable as if he were a condominium owner are converted into condominium ownership under this Law, the provisions of this Law shall apply with regard to the management of the main immovable, the obligation to draw up a management plan, and contribution to expenses, the insurance obligation and its premiums.

C) Status of condominium ownership in the event of consolidation into co-ownership (şüyulandırma) under a special law:

Amended first paragraph: 14/11/2007, Law No. 5711, Art. 21 In the event of pooling (land readjustment) under the provisions of the Zoning Law, where among the pooled immovables there is an immovable subject to condominium ownership, and where all owners agree on the dissolution of co-ownership pursuant to Article 46 of Zoning Law No. 6785 if the pooling took place before 9/11/1985, or pursuant to Article 16 of Zoning Law No. 3194 if it took place after that date, the co-ownership shall be dissolved in accordance with the terms of that agreement.

Amended second paragraph: 14/11/2007, Law No. 5711, Art. 21 If no such agreement can be reached, the current values of each immovable prior to the pooling shall be assessed separately by the court of peace competent to dissolve the co-ownership under the provisions of the article referred to in the first paragraph, and, after the values reached by each immovable as of the date closest to the judgment have been determined by applying to them the producer price index published by the Turkish Statistical Institute, it shall be decided that the owner of the immovable with the highest value be offered to purchase the other immovables at such value; once this offer is accepted and the price is paid, the co-ownership shall be deemed dissolved.

If the price is not paid within one month starting from the service of the finalised decision of the court of peace, or if a bank letter of guarantee or real security is not provided for payment within six months, all of the pooled immovables shall, where possible according to the zoning status, with condominium ownership being preserved and the other immovables being annexed to it,

or, if this is not possible, with condominium ownership being abolished, be sold by public auction and the co-ownership thereby dissolved, and the sale price shall be distributed among the owners in proportion to the ratio between the values of each immovable as assessed pursuant to the second paragraph.

D) Fees and taxes:

The establishment of condominium ownership and construction servitude under this Law shall be exempt from all kinds of fees and taxes unless it involves the transfer of ownership to another person. This exemption shall also cover the transactions for the conversion, pursuant to Article 51, of servitude rights established after the entry into force of the Civil Code into condominium ownership, and the conversion, pursuant to Article 52, of rights established before the Civil Code into condominium ownership or construction servitude.

Condominium ownerships established shall be notified forthwith by the land registry officer to the municipality and the tax office of the place where the main immovable is registered.

E) Situation in places without a municipality:

The duties imposed on municipalities by this Law shall, in places without a municipality, be performed by the municipalities of the district or provincial centres to which that place is attached, and in the areas referred to in Article 47 of Zoning Law No. 6785, by the relevant municipality.

Added: 10/6/1985, Law No. 3227, Art. 1

In favour of each of the co-owners of a building or independent section suitable for use as a dwelling, a right to make use of that building or independent section during certain periods of the year may be established as a servitude right attached to the co-ownership share.

This right is called a timeshare right (devre mülk hakkı).

Added: 10/6/1985, Law No. 3227, Art. 1

Unless otherwise agreed in the official deed, the share to which the timeshare right is attached shall be determined equally on the basis of the number and duration of the periods.

A timeshare right may be established only in residential buildings that have been converted into condominium ownership or construction servitude, or in detached buildings.

Real rights compatible with this right may be established over the timeshare property.

A timeshare right may be transferred and assigned together with the co-ownership share to which it is attached and shall pass to the heirs.

Added: 10/6/1985, Law No. 3227, Art. 1

The timeshare right must be allocated to certain periods of the year and may not be for a period of less than 7 days. Unless otherwise agreed in the contract, the holder of the timeshare right may leave the exercise of this right to others.

Added: 10/6/1985, Law No. 3227, Art. 1

It shall be noted in the declarations column of the land register entries of the main immovable property and of the independent sections and detached buildings that a timeshare right has been established over the independent section or building, and this matter shall also be stated in the title deed to be issued.

Added: 10/6/1985, Law No. 3227, Art. 1

Matters such as the duration of the periods among the co-owners of the buildings or independent sections over which a timeshare right is to be established, their transfer and delivery, the manner and procedures of use, the election of managers and their rights and responsibilities, the period to be reserved for major repairs and maintenance expenses shall be determined in the timeshare contract. The timeshare contract containing these matters and signed by all right holders shall be annexed to the official deed and shown in the declarations column of the land register.

For each building or independent section over which a timeshare right is established, the co-owners shall appoint a natural or legal person, from among themselves or from outside, as manager and as representative to the board of condominium owners. Managers appointed under the general provisions of this Law may also be entrusted with the duties relating to timeshare management.

Added: 10/6/1985, Law No. 3227, Art. 1

The establishment of a timeshare right over some of several independent sections converted into condominium ownership shall not be subject to the consent of the owners of the other independent sections, unless otherwise agreed in the management plan.

Added: 10/6/1985, Law No. 3227, Art. 1

The co-owners of a building or independent section over which a timeshare right has been established may not request the dissolution of the co-ownership, unless otherwise agreed by contract.

Added: 10/6/1985, Law No. 3227, Art. 1

Timeshare right holders shall be obliged, at the end of the period allocated to them and specified in the land register, to vacate the independent section or building they have used in accordance with the provisions of the contract and to deliver it to the new right holder.

Where it is not vacated at the end of the period, upon submission by one of the holders of the period who is to use it, or by the manager, of a request accompanied by the land register record and the contract, it shall be vacated forthwith by the law enforcement authorities upon the order of the highest local administrative authority, without the need for any further procedure or service of documents. An application to administrative or judicial bodies shall not stay this eviction. The rights of the persons concerned arising from the law and the contract are reserved.

Added: 10/6/1985, Law No. 3227, Art. 1

In determining the rights and obligations, powers and responsibilities of timeshare right holders and in resolving disputes, in cases not provided for in this Law, the contract or the management plan, the provisions of the Turkish Civil Code and other relevant laws shall apply.

Added: 14/11/2007, Law No. 5711, Art. 22

A mass housing development (toplu yapı) refers to multiple buildings constructed or to be constructed on one or more zoning parcels according to a specific approved settlement plan, which are interconnected with one another in terms of infrastructure facilities, common use areas, social facilities and services and their management.

The zoning parcels within the scope of a mass housing development must be adjacent or neighbouring. However, this condition shall not be required for places allocated to the public such as roads, squares, green areas, parks and car parks under the zoning plan lying between these parcels. Each zoning parcel within the scope of a mass housing development shall be taken into account separately in the establishment of construction servitude or condominium ownership. However, if the mass housing development comprises more than one zoning parcel, a condominium ownership relationship may not be established on individual parcels in a manner subject to the provisions on mass housing developments.

As the buildings are completed, the construction servitudes relating to the completed buildings may be converted into condominium ownership.

Added: 14/11/2007, Law No. 5711, Art. 22

Parcels within the scope of a mass housing development which are entirely allocated to the common use and enjoyment of the independent sections within that scope shall be registered in the land register by indicating, in the owner column, the block, parcel, building block and independent section numbers of the other parcels within the mass housing development to which they are allocated, and they shall thereby become common areas of the independent sections located on the parcels to which they are allocated.

The common social and infrastructure facilities of multiple buildings within the scope of a mass housing development shall be deemed common areas of the independent sections to which they are allocated, regardless of the parcel or building in which they are located.

Added: 14/11/2007, Law No. 5711, Art. 22

In mass housing developments, the locations of the buildings, the common areas and facilities, and their purposes and manner of use shall be specified in the site plan and projects prepared, so as to cover all of the parcel or parcels within the scope of the mass housing development, as a whole, in accordance with the provisions of the zoning plan approved by the relevant authorities.

The arrangement, operation and maintenance of places allocated to the public may, if agreement is reached with the public institution competent in this matter, be undertaken by the mass housing management, provided that public use is not restricted.

Matters relating to the establishment of condominium ownership and construction servitude, the documents to be required and the transactions to be carried out at the land registry in the implementation of mass housing developments shall be regulated by a regulation to be prepared by the Ministry of Public Works and Settlement.

Added: 14/11/2007, Law No. 5711, Art. 22

Each of the block buildings having common areas in a main building comprising multiple independent sections on the parcel or parcels within the scope of a mass housing development shall, as regards its own issues and the common areas belonging solely to that block, be managed by the block board of condominium owners consisting of the owners of the independent sections in that block. If there are buildings not in the nature of a block on a parcel, or if buildings of this nature and block buildings are located on the same parcel, they shall, as regards their own issues and the common areas belonging to that parcel, be managed by the board of condominium owners consisting of the owners of the independent sections on that parcel. The manner of administration of the blocks and of buildings not in the nature of a block shall be separately specified in the management plan.

If a city block (ada) contains multiple parcels, the common areas belonging to the parcels forming the city block shall be managed by the city block board of condominium owners consisting of the owners of the independent sections in that city block, and the manner of management shall be decided by this board, subject to the mandatory provisions of the laws. This power may be conferred on the city block board of representatives in the management plan. Unless otherwise provided in the management plan, the city block board of representatives shall consist of the block managers elected by the owners of the independent sections in each block in block buildings and the representatives elected by the owners of the independent sections of buildings not in the nature of a block. The number of members of the city block board of representatives and the manner of their election shall be specified in the management plan, taking into account the characteristics of the mass housing development. In the city block board of representatives, these managers and representatives shall have voting rights equal to the number of independent sections they manage and represent.

The common buildings, areas and facilities within the scope of the mass housing development shall be managed by the mass housing board of condominium owners consisting of the owners of the independent sections within that scope, and the manner of management shall be decided by this board, subject to the mandatory provisions of the laws. This power may be conferred on the mass housing board of representatives in the management plan. Unless otherwise provided in the management plan, the mass housing board of representatives shall consist of the block managers elected by the owners of the independent sections in each block in block buildings and the representatives elected by the owners of the independent sections of buildings not in the nature of a block. The number of members of the mass housing board of representatives and the manner of their election shall be specified in the management plan, taking into account the characteristics of the mass housing development. In the mass housing board of representatives, these managers and representatives shall have voting rights equal to the number of independent sections they manage and represent.

Added: 14/11/2007, Law No. 5711, Art. 22

A single management plan covering all of the buildings and areas within the scope of the mass housing development shall be drawn up. The management plan shall bind all condominium owners within the scope of the mass housing development. For the management plan to be amended, the vote of two thirds of the total number of independent sections represented by the members of the mass housing board of representatives shall be required.

The provisions of the management plan relating to interim management may be amended by the votes of two thirds of the owners of independent sections in the mass housing area.

Added paragraph: 7/5/2026, Law No. 7579, Art. 5 Provisions of management plans contrary to this Article shall not be applied.

Added: 14/11/2007, Law No. 5711, Art. 22

Unless otherwise provided in the management plan, the block board of condominium owners shall appoint a manager and an auditor for the block, the condominium owners on the parcel where buildings not in the nature of a block are located shall do so for the common areas and facilities allocated to them, and the mass housing board of representatives shall do so for all common buildings, areas and facilities within the scope of the mass housing development.

The block manager and auditor shall be elected by a majority in number and in land share of the condominium owners in the block; the manager and auditor for the common areas and facilities of buildings not in the nature of a block shall be elected by a majority in number and in land share of the condominium owners in those buildings. The manager and auditor for all common buildings, areas and facilities within the scope of the mass housing development shall be appointed by the vote of the managers and representatives participating in the mass housing board of representatives representing an absolute majority of the number of independent sections they manage and represent.

Added: 14/11/2007, Law No. 5711, Art. 22

Common expenses relating to common areas and facilities allocated to the common use and enjoyment of the condominium owners of a particular building or of only some of the buildings within the scope of the mass housing development shall be borne by the condominium owners in those buildings, and common expenses relating to facilities and areas allocated to the common use and enjoyment of all independent sections shall be borne by all condominium owners.

Decisions of the block board of condominium owners, the mass housing board of representatives and the interim management board shall be deemed among the documents specified in the first paragraph of Article 68 of Enforcement and Bankruptcy Law No. 2004.

Condominium owners may not avoid paying their share of the mass housing common expenses and the advances to be collected by waiving their right to use the common buildings, areas and facilities within the scope of the mass housing development, or by asserting that these are located on another parcel or in public areas, or that there is no need or requirement to benefit from them due to the situation of their independent sections or of themselves.

Added: 14/11/2007, Law No. 5711, Art. 22

The management plan may provide for the establishment of an interim management to assume the duties of the mass housing board of representatives, exercise its powers and make the necessary initiatives and calls for the formation of the board, until that board is formed. In that case, the management plan shall include provisions on how the interim management shall be formed and until when it shall continue. The interim management may continue at the latest until one year following the completion of the mass housing development. In any event, this period shall expire upon the lapse of ten years from the obtaining of the first building permit within the scope of the mass housing development.

Added: 14/11/2007, Law No. 5711, Art. 22

Subject to the special provisions laid down in this Chapter, all provisions of this Law shall also apply to mass housing developments, either directly or by analogy.

Competent court:

Added: 13/4/1983, Law No. 2814, Art. 15

All kinds of disputes arising from the application of this Law shall be resolved in the courts of peace.

Vacation of premises of use:

Added: 13/4/1983, Law No. 2814, Art. 15

Doormen, boiler operators, gardeners and watchmen, as well as managers appointed from outside, whose contracts have been terminated for any reason or have expired, by the board of condominium owners or by the manager authorised by that board, shall be obliged to vacate within fifteen days any premises allocated to them by reason of these duties. Premises not vacated within this period shall, upon the application of the manager or of any of the condominium owners, be vacated by the law enforcement authorities within one week by decision of the local administrative authorities, without the need for any further service of documents. An application to administrative and judicial bodies shall not stay the execution of these decisions. The rights of the persons concerned arising from the law and the contract are reserved.

Special provisions applicable to multiple buildings:

Added: 13/4/1983, Law No. 2814, Art. 15; Repealed: 14/11/2007, Law No. 5711, Art. 24

Transition to construction servitude:

Added: 13/4/1983, Law No. 2814, Art. 15

Where a plot of land has been acquired jointly by five or more persons for the purpose of having one or more buildings constructed on it, and the decision taken by at least four fifths of the shareholders regarding transition to construction servitude is not complied with, the court of peace shall decide on the cancellation of the shares in the immovable of the shareholders who do not comply with the decision and on the registration of those shares in the name of the other shareholders who so request, subject to the following conditions:

a) It is proven that the jointly owned immovable was acquired for the purpose stated above,

b) The decision of the above-mentioned majority of the co-owners on transition to construction servitude, or the obligations relating thereto, have not been complied with within two months despite service through a notary public,

c) The market value, as determined by the court, of the shares of the co-owners who do not comply with the decision is deposited with the court cashier's office.

Added: 4/7/2019, Law No. 7181, Art. 5

In order to correct erroneous block numbers in the project of buildings subject to condominium ownership, a new site plan, drawn up in accordance with a decision taken by an absolute majority of the board of condominium owners on a block basis and a technical report prepared by a licensed surveying and cadastre office or a cadastre directorate, and approved by the relevant administration, shall be submitted by the person concerned to the land registry directorate.

In order to correct erroneous independent section numbers in the project of buildings subject to condominium ownership, a technical report prepared by a licensed surveying and cadastre office or a cadastre directorate and approved by the relevant administration shall be submitted by the person concerned to the land registry directorate. For corrections made under this paragraph, the consent of the beneficiaries of real and personal rights shall be required.

Added: 14/11/2007, Law No. 5711, Art. 23 Amended: 9/6/2021, Law No. 7327, Art. 13

In all buildings for which a building occupancy permit was issued before the entry into force of this Article, where the building occupancy permit and the building application project that cannot be uploaded to the Spatial Address Registration System are sent electronically by the competent administration to the cadastre directorate, action shall be taken in accordance with the provisions of the sixth paragraph of Article 10.

Added: 23/6/2009, Law No. 5912, Art. 5

For the first amendment to be made to the management plans of mass housing developments established before the date of entry into force of this Law, for the purpose of adapting them to the provisions of this Law, an absolute majority of the existing board of condominium owners shall suffice. Existing mass housing managements shall continue their duties as interim management until new managers are elected in accordance with the amended management plan. The election of the mass housing manager shall be held at the latest within three months following the amendment of the management plan.

F) Date of entry into force:1012

This Law shall enter into force six months after the date of its publication.

G) Executive authority:1012

The provisions of this Law shall be executed by the Council of Ministers.

PROVISIONAL ARTICLES THAT COULD NOT BE INCORPORATED INTO PRINCIPAL LAW No. 634 DATED 23/6/1965

PROVISIONAL ARTICLES:

1) Provisional articles of Law No. 2814 dated 13/4/1983:

Construction servitude rights not deleted:

If construction servitudes relating to buildings not completed within the time limit before the entry into force of this Law on land subject to construction servitude have not been deleted from the land register, the provision of Article 49 as amended by this Law shall also apply to them.

Actions previously filed:

Actions filed with the civil courts of first instance before the entry into force of this Law in respect of disputes arising from Condominium Law No. 634 shall be concluded by those courts.

2) Provisional article of Law No. 3770 dated 5/2/1992:

Provisional Article: The power to issue decrees having the force of law conferred on the Council of Ministers by the Enabling Law on Amendments to Certain Laws concerning the Use of Natural Gas shall remain valid, as regards Condominium Law No. 634, until the expiry of the period granted by the said Enabling Law.

3) Provisional articles of Law No. 5711 dated 14/11/2007:

The regulation required to be prepared under this Law shall be prepared within six months from the date on which the Law enters into force.

In buildings in which construction servitude was established before the date of entry into force of Law No. 2814 dated 13/4/1983, condominium ownership shall be established in accordance with the provisions of Article 12 even if there is no management plan.

The management plans of mass housing developments established before the entry into force of this Law shall be adapted to the provisions of this Law at the latest within six months from the date of entry into force. An absolute majority of the existing board of condominium owners shall suffice for amending the management plan to this effect. Existing mass housing managements shall continue their duties as interim management until the management plan is amended and a manager is elected accordingly. The election of the mass housing manager shall be held at the latest within three months following the amendment of the management plan.