Learn about apartment maintenance obligations in Turkey. Discover owner responsibilities, tenant duties, condominium maintenance rules, repair obligations, common area responsibilities, and legal consequences of non-compliance in 2026.

Apartment ownership in Turkey provides valuable property rights, but it also creates important maintenance obligations for owners, tenants, building managers, and condominium associations. Whether the property is used as a primary residence, investment property, holiday home, or rental unit, maintaining the apartment and contributing to the upkeep of common areas is a legal responsibility that cannot be ignored.

Foreign investors and expatriates frequently purchase apartments in Turkey without fully understanding the ongoing maintenance obligations imposed by Turkish law. Failure to comply with these obligations can result in disputes with neighbors, condominium management, tenants, and even legal proceedings.

This 2026 legal guide explains the maintenance obligations applicable to apartment owners and residents in Turkey and outlines the rights and responsibilities that arise under Turkish condominium and property law.

Legal Framework Governing Apartment Maintenance

Apartment maintenance obligations are primarily regulated by:

• Condominium Ownership Law No. 634
• Turkish Civil Code
• Turkish Code of Obligations
• Building management plans
• Homeowners’ assembly decisions
• Municipal regulations
• Building safety regulations

Under the Condominium Ownership Law, owners are generally required to contribute to the maintenance, repair, insurance, and preservation of common areas within the building.

Why Apartment Maintenance Matters

Proper maintenance serves several important purposes:

• Preserving property value
• Ensuring building safety
• Protecting residents
• Preventing structural deterioration
• Reducing future repair costs
• Maintaining legal compliance
• Enhancing quality of life

Neglected maintenance frequently leads to costly disputes and significant financial liabilities.

Maintenance Obligations of Apartment Owners

Apartment owners are generally responsible for maintaining their individual units in a manner that does not harm the building or neighboring properties.

Owner responsibilities may include:

• Interior repairs
• Plumbing fixtures within the unit
• Electrical systems inside the apartment
• Flooring maintenance
• Interior wall maintenance
• Window upkeep
• Routine preventive maintenance

Owners must also avoid conduct that causes damage to common property or neighboring units.

Maintenance of Common Areas

Common areas are jointly owned by all apartment owners and require collective maintenance.

Examples include:

• Elevators
• Staircases
• Roofs
• Hallways
• Building entrances
• Gardens
• Parking facilities
• Swimming pools
• Security systems
• Shared utility infrastructure

Each owner is generally obligated to contribute financially to the maintenance and repair of these areas. Article 20 of the Condominium Law requires owners to participate in common expenses such as maintenance, repair, cleaning, and insurance.

Condominium Fees and Maintenance Costs

Apartment maintenance is largely financed through condominium fees, commonly known as aidat.

These fees may cover:

• Cleaning services
• Security services
• Elevator maintenance
• Landscaping
• Technical inspections
• Building insurance
• Common utility expenses
• Management costs

Owners cannot generally avoid payment simply because they do not personally use certain facilities. The Condominium Law specifically provides that owners cannot refuse to contribute by claiming they do not benefit from common facilities.

Maintenance Obligations of Tenants

Tenants also have certain maintenance responsibilities.

These often include:

• Routine cleaning
• Proper use of the property
• Minor day-to-day maintenance
• Prompt reporting of defects
• Preventing avoidable damage

Tenants are generally not responsible for major structural repairs or capital improvements unless otherwise agreed under applicable legal rules. Major renovation and structural maintenance costs typically remain the owner’s responsibility.

Landlord Responsibilities

Property owners leasing apartments must ensure that the property remains suitable for its intended use.

Landlord obligations commonly include:

• Structural repairs
• Major plumbing repairs
• Major electrical repairs
• Roof maintenance
• Building safety compliance
• Habitability standards

The property must generally be delivered and maintained in a condition suitable for use throughout the lease period.

Emergency Repair Obligations

Certain maintenance issues require immediate action.

Examples include:

• Water leaks
• Gas leaks
• Electrical hazards
• Structural failures
• Fire safety concerns
• Elevator malfunctions

Failure to address emergency conditions may increase liability exposure and lead to compensation claims.

Roof and Exterior Maintenance

Roofs and external building elements are generally considered common property.

Maintenance may involve:

• Waterproofing
• Structural repairs
• Insulation upgrades
• Drainage maintenance
• Façade repairs

The cost of such repairs is typically allocated among owners according to applicable condominium rules.

Elevator Maintenance Responsibilities

Elevator maintenance is a recurring obligation in many apartment buildings.

Responsibilities include:

• Periodic inspections
• Safety compliance
• Technical servicing
• Repair work
• Modernization when necessary

Failure to maintain elevators properly can expose management and owners to liability.

Building Safety and Earthquake Compliance

Turkey’s seismic conditions make building maintenance particularly important.

Property owners should ensure compliance with:

• Structural safety standards
• Earthquake resilience requirements
• Fire safety regulations
• Emergency preparedness measures

Recent legal developments have increased attention on building safety and resilience standards.

Role of Building Management

Building management is generally responsible for coordinating maintenance activities.

Typical responsibilities include:

• Budget preparation
• Contractor selection
• Maintenance scheduling
• Financial administration
• Repair supervision
• Recordkeeping

Management must act within its legal authority and maintain transparency regarding expenditures.

Financial Transparency and Maintenance Spending

Property owners often question how maintenance funds are spent.

Modern condominium governance increasingly emphasizes:

• Financial reporting
• Digital recordkeeping
• Budget transparency
• Audit rights
• Management accountability

Recent developments have strengthened transparency expectations for residential site management and maintenance expenditures.

Consequences of Failing to Meet Maintenance Obligations

Failure to comply with maintenance obligations may result in:

• Property damage claims
• Compensation liability
• Condominium disputes
• Enforcement proceedings
• Increased repair costs
• Safety risks

Ignoring maintenance problems generally increases long-term financial exposure.

Common Apartment Maintenance Disputes

Frequently encountered disputes include:

• Water damage claims
• Roof repair costs
• Elevator expenses
• Façade renovation costs
• Maintenance fee disputes
• Contractor performance issues
• Common area deterioration
• Budget disagreements

Many of these disputes can be avoided through proper planning and communication.

Management Plans and Maintenance Rules

Every condominium typically operates under a management plan.

The management plan often regulates:

• Maintenance procedures
• Cost allocation methods
• Repair approval processes
• Management authority
• Owner obligations

All owners are generally bound by the management plan after acquiring property.

Alternative Dispute Resolution

Maintenance disputes do not always require litigation.

Available options may include:

Negotiation

Direct discussions often resolve issues efficiently.

Mediation

Mediation offers a confidential and cost-effective solution.

Litigation

Court proceedings may become necessary for complex disputes involving significant financial exposure.

Professional legal guidance can help determine the most appropriate strategy.

Best Practices for Apartment Owners

Property owners should:

• Conduct regular inspections
• Maintain adequate insurance
• Pay condominium fees on time
• Review management reports
• Preserve maintenance records
• Address defects promptly
• Participate in owners’ meetings

Preventive maintenance is generally less expensive than corrective repairs.

2026 Legal Developments Affecting Apartment Maintenance

Recent developments have increased attention on:

• Professional management standards
• Financial transparency
• Building safety compliance
• Digital accounting systems
• Earthquake preparedness
• Energy efficiency obligations
• Management company oversight

Recent reforms have also emphasized greater accountability and transparency for residential site management and maintenance fee administration.

Conclusion

Apartment maintenance obligations in Turkey extend far beyond simple property ownership. Owners, tenants, and management bodies all play important roles in preserving the safety, value, and functionality of residential buildings. Understanding these obligations is essential for avoiding disputes, protecting investments, and ensuring compliance with Turkish law.

Foreign property owners should pay particular attention to condominium regulations, maintenance fee obligations, management plans, and building safety requirements. Proactive legal and operational planning remains the most effective way to minimize risks and protect long-term property value.

Frequently Asked Questions (FAQ)

Are apartment owners legally required to contribute to maintenance expenses?

Yes. Apartment owners are generally required to contribute to common maintenance, repair, cleaning, and insurance expenses under the Condominium Ownership Law.

Can an owner refuse to pay maintenance fees if they do not use certain facilities?

Generally no. Owners cannot typically avoid common expenses simply because they choose not to use specific facilities.

Who is responsible for major structural repairs?

Major structural repairs are generally the responsibility of the property owner or condominium ownership structure rather than individual tenants.

Are tenants responsible for apartment maintenance?

Tenants are usually responsible for routine use-related maintenance and preventing avoidable damage, while major repairs typically remain the owner’s responsibility.

What happens if maintenance obligations are ignored?

Failure to perform necessary maintenance may result in liability, disputes, increased repair costs, and legal proceedings.

Can foreign owners participate in maintenance decisions?

Yes. Foreign owners generally have the same participation rights as Turkish owners within condominium governance structures.

Is the management plan legally binding?

Yes. Management plans are generally binding upon all apartment owners within the condominium.

Should legal advice be obtained for major maintenance disputes?

Absolutely. Early legal advice can help protect rights, reduce costs, and facilitate effective dispute resolution.

Legal Support for Apartment Maintenance and Condominium Disputes

Apartment maintenance disputes often involve complex issues relating to condominium law, common expenses, management authority, repair obligations, landlord-tenant relationships, and property rights. Obtaining professional legal guidance can help property owners and residents protect their interests while ensuring compliance with Turkish law.

Whether you are facing maintenance fee disputes, repair liability claims, condominium conflicts, management issues, property damage claims, or building maintenance disagreements, experienced legal representation can significantly improve outcomes.

Real Estate and Condominium Law Services in Turkey

For assistance with apartment maintenance disputes, condominium management matters, common expense claims, property owner rights, building repair obligations, and real estate litigation throughout Turkey, our legal team provides comprehensive legal support for domestic and international clients.

Fırat Fesih Kaya Law Firm

Phone: +90 312 434 22 22

Mobile: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yildirim Tower No:148, 06520 Balgat, Cankaya, Ankara, Turkey