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Renovation in an apartment building: do you need your neighbours' permission?

Neighbour permission is not needed for painting, flooring, plumbing and kitchen-bathroom renovation inside your unit that does not harm the load-bearing system. For work that touches common areas or changes the external appearance (balcony enclosure, facade, outdoor unit), the written consent of four-fifths of the unit owners is generally required under Condominium Law (Kat Mülkiyeti Kanunu) Art. 19.

Last updated: · Home renovation

Interior work that does not need permission

Legal sources report that unit owners' permission is not required for painting, floor and ceiling coverings, kitchen and bathroom fittings, in-unit plumbing and electrics, and non-load-bearing interior walls (after a structural check). The limit is that the work must not harm the main structure and must not affect shared installations.

A 2019 ruling of the 20th Civil Chamber of the Court of Cassation (Yargıtay) states that unit owners' consent is not required for changes that stay within the unit's boundaries, do not touch shared installations (water, electricity, heating, columns, beams, slabs) and do not affect the structure.

Work that requires four-fifths written consent

Architectural project changes and additions to common areas

For work that requires changes to the architectural project, the Court of Cassation's approach may require unanimity; in such cases municipal approval alone does not cure the missing consent.

For additions that make a common area more usable, such as a lift or security system, a majority by number and land share comes into play under Condominium Law Art. 42; owners who do not want costly and luxury additions cannot be compelled.

What to do in practice

Differences between sources

Whether some works (such as a second bathroom or incorporating a recessed balcony into a room) count as simple or substantial renovation is reported differently in sources; Council of State (Danıştay) rulings also reach different results. For a definitive answer, current legislation and the relevant municipal zoning department should be relied on.

Frequently asked questions

Can I have any wall inside my home demolished?

As a general rule yes for non-load-bearing interior walls, but a structural system check must be done first. Load-bearing walls, columns and beams cannot be touched. Also check with the municipality and the management plan.

Is the neighbours' permission needed to enclose a balcony with a glass balcony system?

In the Court of Cassation approach as reported, four-fifths written consent is required. The municipal permit exemption is a separate matter.

Can a neighbour block a renovation?

For work inside the unit, not if the main structure and common areas are not harmed. For work touching common areas, the legal consent requirement applies.

Sources (Turkish-language originals)

  1. Hukuki Haber: Kat maliklerinden izin almadan yapılabilecek tadilatlara ilişkin Yargıtay kararları
  2. Hukukçuların Evi: Kat mülkiyetinde ortak yerler, değişiklik ve karar yeter sayıları
  3. Kulaçoğlu Hukuk: Kat maliki dairesinde tadilat
  4. Hukukçuların Evi: Basit tamir, tadil ve esaslı tadilat (İmar Kanunu m.21, Planlı Alanlar İmar Yönetmeliği)

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This article is general information only; a precise diagnosis and the scope of work are determined on site.

Home renovation
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