The Turkish Condominium Law (Kat Mülkiyeti Kanunu No. 634) is the backbone of communal living in Turkey. For both new owners and seasoned investors, the Condominium Law in Turkey is not just a procedural step; it’s key to protecting investments, promoting peaceful living, and boosting property value. This guide helps you succeed in condominium ownership, whether you're buying your first apartment or managing a property portfolio.
Quick Summary Read - Turkish Condominium Law No. 634
Ownership: It distinguishes between your Independent Section (your flat/office) and Common Areas (elevators, stairs, gardens, roofs, and foundations). While you own your flat, you have a proportional "land share" in the common areas.
Management Plan: Every building must have a "Management Plan" registered at the Title Deed Office. This is the "constitution" of your building. It outlines specific house rules and the process for sharing expenses. If a rule isn't in the plan, the default provisions of Law 634 apply.
Board of Owners: All unit owners form the Kat Malikleri Kurulu (Board of Owners). They meet at least once a year (usually in January) to elect a manager, approve the budget, and make decisions about the building.
Maintenance Fees (Aidat): Owners are legally required to pay monthly fees. Staff costs (cleaners, security) are usually split equally. You cannot refuse to pay Aidat just because you don't use a facility (e.g., a ground-floor owner must still pay for elevator maintenance).
Duty of Peace: Residents have a legal "Duty of Care" (Article 18). You must not disturb neighbours with noise, odours, or behaviour that makes living there "unbearable." Persistent violations can result in substantial fines or even the forced sale of your unit.
Renovations: You cannot change the exterior of your unit (e.g., painting balconies a different colour, installing glass balconies) or structural elements (e.g., removing load-bearing walls) without a 4/5 majority vote of all owners.
Dispute Resolution: Since 2023, mediation has been a mandatory first step for disputes between neighbours or with management. If mediation fails, the Civil Court of Peace (Sulh Hukuk Mahkemesi) has sole jurisdiction over these cases.
In-Depth Guide to The Condominium Law in Turkey
1: The Management Plan Must Be Registered
The "constitution" of any building in Turkey is its Yönetim planı or condominium management plans. This document must be signed and sent to the Tapu ve Kadastro Genel Müdürlüğü (General Directorate of Land Registry and Cadastre). It governs the Main property. A good Building Management Plan covers everything from selecting the manager to how common areas are used.
Changes to this plan typically require a high vote (usually four-fifths of the owners). The Title Deeds Registry Office (Tapu Sicil Müdürlüğü) keeps the Land register. This is where all title deed entries, servitude rights, and mortgage liens are noted. This transparency helps buyers verify Legal Rights and confirm that the property has no "ipote" (mortgages).
2: How the Law Helps Owners Overview
The law separates privately owned 'Independent Ownership' sections from collectively owned 'Common Areas' within a single complex. Enacted in 1965 and amended over the years, the Ownership Law (Kat Mülkiyeti Kanunu) is the main law for shared property ownership in Turkey. It establishes a clear legal framework for owner rights and duties in multi-unit buildings. The law defines what constitutes independent ownership (such as an apartment or office) and what constitutes common areas (such as staircases, elevators, and building exteriors).
3: Defining Condominium Ownership (Kat Mülkiyeti)
This means an individual owns a specific apartment or office in a building. But they also share ownership of the common land with others. This shared ownership is legally registered on the Title Deed (Tapu). It stands out from regular rental or lease agreements because it gives fundamental ownership rights. This includes both the private unit and a share of the building's infrastructure and land. This type of ownership is common in Turkey's quickly urbanising areas.
4: Distinguishing Flat Ownership (Kat İrtifakı) and Servitude Rights
It is important to differentiate Kat Mülkiyeti (Condominium Ownership) from Kat İrtifakı (Flat Ownership) and other servitude rights. Kat İrtifakı is a preliminary stage, typically established during the construction phase. This means you can obtain Kat Mülkiyeti upon completion of construction. This gives you ownership of a specific floor or unit, but not full co-ownership of the land yet.
Servitude rights are more limited, typically granting the right to use another's property without conferring ownership. For buyers, especially those purchasing property before a building is completed, understanding this distinction is crucial. It helps clarify their legal position and future ownership rights.
5: Key Legal Concepts
Within the scope of Kat Mülkiyeti, several terms are fundamental:
Main Property (Ana Taşınmaz): Refers to the entire building and the land it occupies.
Independent Ownership (Bağımsız Bölümler): These are individual units in the building. Various people, such as apartment, office, or retail owners, can own them. Each independent unit is legally distinct and can be bought, sold, or mortgaged.
Common Areas (Ortak Yerler / Ortak Alanlar): These encompass all parts of the building and land that are not designated as independent ownerships. This includes the land, the building's foundation, main walls, roofs, and balconies (unless marked for exclusive use). It also covers common corridors, staircases, elevators, heating systems, water tanks, gardens, and parking areas. All unit owners share co-ownership of these areas based on their Land Share (Arsa Payı).
6: Is it Official? The Legal Framework
Law No. 634 was published in the Turkish Official Gazette (Resmi Gazete), making it legally binding. Its principles operate within the broader framework of the Turkish Civil Code. This legal system ensures condominium ownership is well-regulated. It covers contracts, property rights, and dispute resolution.
While the law applies specifically to condominiums, the Civil Code provides the overarching legal framework for property law in Turkey. However, in individual circumstances, a manager of a complex can only enforce the law once a management plan has been lodged with the title deeds office and the annual general meeting has been held.
7: Ownership Rights: Enjoying Your Independent Ownership and Common Areas
As an owner of an independent ownership, you have the right to use, modify (within legal limits), and sell your apartment. Your ownership also extends to an undivided share of the common areas. You can use standard facilities like gardens, lobbies, and gyms. Just follow the rules from the Condominium Owners' Assembly (Kat Malikleri Kurulu). This growth makes property rights a valuable asset. Your ownership rights are not absolute. There are several obligations on owners:
Contribution to Costs: Owners must pay Aidat for the care and management of shared areas.
Respect for Rules: Adherence to the building's Management Plan and decisions is mandatory.
No Harm to Others: Owners must not damage the building or disturb other residents’ peace. Actions that negatively affect common areas or other independently owned areas are prohibited.
Structural Integrity: Owners can’t change their units in ways that harm the building’s structure or appearance.
8: Let’s Talk Money – About the Maintenance Costs
A significant responsibility is the financial contribution towards the building's upkeep. Maintenance Costs are regular payments, often monthly. They cover daily expenses, including cleaning, security, elevator upkeep, gardening, and the manager's salary. These costs are typically allocated based on each unit's Land Share (Arsa Payı). Owners may be required to pay special assessments in addition to regular dues. These cover major repairs or significant improvements to the building and common areas.
Failure to pay or special assessments can have serious consequences. The Condominium Manager can pursue legal action against defaulting owners. This can result in late fees and interest charges. It might also involve starting debt collection. In severe cases, it could result in the forced sale of the owner's property to recover unpaid dues.
Owners can check financial records at any time, including income and spending. Regular audits by independent accountants or a committee of owners ensure funds are appropriately managed and handled ethically, with a separate bank account used to track all financial transactions.
9: Always Participate in the Annual General Meeting (Kat Malikleri Kurulu)
The Owners' Assembly (Kat Malikleri Kurulu) is the highest decision-making body in a condominium. Every owner can join the meetings, which are typically held annually. They also vote on key issues like the annual budget, selecting the manager, approving major repairs, and making changes. Decisions rely on set quorums. This means a minimum number of attendees and votes is required for a resolution to be valid.
10: The Manager (Yönetici) and Management Board (Yönetim Kurulu)
An elected Condominium Manager (Yönetici) oversees daily operations and implements the assembly's decisions. They collect Aidat, manage repairs and maintenance, and ensure compliance with applicable laws. In larger complexes, a Management Board (Yönetim Kurulu) may assist the manager. Some complexes also employ a professional property management company.
11: About the Complex Management Plan (Yönetim Planı): Your Building's Constitution
The Management Plan (Yönetim Planı) is a key document. It acts like the building's constitution. It outlines the rights and duties of owners. It includes the allocation of Land Share, the use of private ownerships, and shared areas. It also explains how to calculate maintenance meeting rules and resolve disputes. This plan is legally binding on all owners and must be registered with the Land Registry. Amendments require a specific quorum.
12: What Happens When Neighbours Argue?
Sometimes, especially on large complexes, disputes from different lifestyles, expectations, or misunderstandings of the rules are unavoidable. Before resorting to legal action, speak directly to the neighbour, seek help from the Manager, or raise it at a general meeting (AGM). If this fails, owners can seek legal remedies by filing a lawsuit with the Turkish courts.
Disputes among condo owners, such as unpaid dues or unauthorised changes to Common Places, are handled mainly by the peace court judge (Sulh Hukuk Mahkemesi). This "Judge Law" ensures that community conflicts are resolved efficiently. If an owner repeatedly violates others' rights, such as failing to pay for shared repairs, the other owners may seek court authorisation to auction the offending unit. Violations of administrative rules can result in an administrative penalty.
13: Must Know - Short-Term Rental Turkish Laws for Apartment Owners
The "Short-Term Rental Law" (officially Law No. 7464) changed how property owners in Turkey can use their apartments. Since it started, hosting platforms like Airbnb have become much harder to get started with. In Turkey, any rental for 100 days or less is legally classified as a "Tourism Purpose Rental." To operate legally in 2026, owners must obtain a tourism rental licence, which is granted only if all property owners in the building agree (100%).
If a single neighbour in your block says "No," you cannot legally obtain the license. This decision must be notarised and submitted to the Ministry of Culture and Tourism. If your apartment is in a big complex with several blocks, you only need unanimous consent from the owners in your building, not from the whole complex.
If the building is an approved high-quality residence and its Management Plan allows short-term rentals, you don’t need to get consent from neighbours. To qualify for this exemption from the municipality, these buildings must offer hotel-like services. This includes reception, 24/7 security, and housekeeping.
Even with neighbour consent, you cannot host guests until you have obtained the tourism licence and the government official plaque, which must be displayed at the entrance. All hosts must also record guest IDs in the Kimlik Bildirim Sistemi (Police Identity Notification System) within 24 hours of arrival.
Subletting Prohibited: It is now strictly illegal for a tenant to rent an apartment and then "re-rent" it on Airbnb. Only the property owner (or an authorised A-Group Travel Agency) can hold the license. For investors, the 'Gold Standard' in 2026 isn’t just any apartment. It’s a property in a building that allows short-term rentals. Before you buy, always ask to see the 'Yönetim Planı' at the Tapu office."
14: New for 2026 - Noise Violation
In 2026, Turkey set new fines for noise and disturbances in residential buildings. These penalties are primarily rooted in the Condominium Law (No. 634) and the Environmental Law (No. 2872). Starting January 1, 2026, the fine for residents of apartment buildings (condominiums) who violate noise rules will increase to 13,847 Turkish Lira (TRY) per violation.
Article 18 states that property owners and tenants must not disturb or inconvenience their neighbours. Article 25 states that if a resident's behaviour, such as constant noise, becomes "unbearable" for others, the floor owners' board may vote to initiate legal action. In severe cases of ongoing disturbance, a court can order the sale of the noisy owner’s property.
More About Property Ownership in Turkey
Knowing the roles of the Title Deed (Tapu), Land Share, and Management Plan (Yönetim Planı) is vital. Responsible ownership means paying maintenance (Aidat) and helping create friendly living spaces. A qualified Turkish lawyer or law firm can offer personalised guidance, help with due diligence, and represent you in legal disputes. This support lets you thoroughly enjoy and benefit from your Turkish property.
From luxury villas to modern city apartments, your search for the ideal Turkish property ends here. Call our expert team to discuss the Turkish condominium law and arrange viewings at your convenience, or browse our full portfolio and discover why this is the year to buy in Turkey.
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