Developer Reduces Common Areas After Selling Apartments in Turkey: Rights of Foreign Owners – 2026 Updated Guide

What can foreign apartment owners do when a developer reduces parking, gardens, pools or social facilities after sales in Turkey? Learn about injunctions, compensation and restoration claims.

Can a Developer Reduce Common Areas After Selling Apartments?

A developer generally cannot unilaterally reduce, remove, privatize or materially change common areas after selling apartments if those areas were included in the approved project, purchase documents, technical specifications or sales representations.

Common areas may include entrances, gardens, parking spaces, swimming pools, fitness areas, playgrounds, corridors, elevators, storage spaces, rooftops and social facilities. If foreign owners purchased their apartments relying on these facilities, a substantial reduction may create contractual, property-related and compensation claims.

Possible remedies may include:

• Restoration of the original common area;
• Prevention of unauthorized construction or conversion;
• Correction of an invalid registration;
• Compensation for loss of value;
• Price reduction;
• Compensation for loss of use or rental income;
• Challenging an unlawful management decision; and
• Cancellation or rescission in serious cases.

The exact remedy depends on the title deed, approved project, purchase agreement, management plan and evidence showing what was promised.

What Counts as a Reduction of Common Areas?

A reduction may occur when the developer:

• Converts part of a garden into private construction;
• Removes or reduces promised parking spaces;
• Builds additional units in a common area;
• Closes a lobby, corridor or shared entrance;
• Reduces the size of a swimming pool;
• Removes a playground or social facility;
• Converts storage or service areas into private units;
• Blocks access to a shared rooftop or terrace;
• Reduces green areas;
• Changes common facilities into commercial units; or
• Restricts owners’ access to areas previously available to them.

A change may also be legally significant if the area is not physically removed but its use, capacity, accessibility or quality is materially reduced.

For example, reducing the number of parking spaces, moving parking to an unsuitable location or limiting access to a promised facility may affect the value and practical use of every apartment.

Are Common Areas Owned Jointly by the Apartment Owners?

Common areas connected to an apartment project are generally intended for the shared benefit and use of the apartment owners. Their legal status should be checked through the title deed records, approved plans, project documents and management arrangements.

Not every area shown in a brochure automatically becomes a legally protected common area. Some facilities may be:

• Independent units;
• Areas reserved for the developer;
• Subject to a separate operating agreement;
• Available only under specific conditions; or
• Described as future facilities rather than completed facilities.

For this reason, foreign owners should compare the promotional material with the legally approved project and title deed records.

Can the Developer Keep a Reserved Right to Change the Project?

Many purchase agreements include provisions allowing technical changes, design modifications or alterations during construction. Such provisions do not necessarily give the developer unlimited power to reduce common areas.

A change clause may be examined according to:

• The wording of the agreement;
• Whether the change is technical or substantial;
• Whether the common area was essential to the purchase;
• Whether the change reduces property value;
• Whether the owners were informed before completion;
• Whether an equivalent facility was provided; and
• Whether the developer acted transparently and in good faith.

A clause allowing minor technical changes may not authorize the permanent removal of a swimming pool, the conversion of parking spaces into private units or the reduction of a garden that was prominently used to sell the project.

What If the Common Areas Were Promised in Advertising?

Sales brochures, project websites, floor plans, promotional videos, emails and messages may support a foreign owner’s claim if they clearly describe common facilities.

Evidence may be particularly important when:

• The apartment was sold at a higher price because of the facilities;
• The sales material showed a specific number of parking spaces;
• A pool, gym, garden or social facility was presented as included;
• The developer used completed project images to influence the purchase;
• The buyer was told that the facility would remain available; or
• The developer removed the facility after receiving payment.

A buyer may argue that the common areas formed part of the commercial promise, even if the purchase agreement describes the apartment itself in detail but says little about the facilities.

What If the Developer Builds on a Common Area?

Construction on a common area may be disputed if it changes the approved project, restricts the rights of the owners or creates an unauthorized private benefit.

The foreign owners may consider requesting:

• An inspection of the approved project;
• A copy of the construction and site plans;
• Information about the relevant permit;
• An independent technical report;
• Restoration of the common area;
• Prevention of further construction; and
• Compensation for proven losses.

If the developer is constructing an additional unit, commercial space or private extension on a shared area, the title deed and registration records should be examined carefully. An attempted private registration may require a separate legal challenge.

Can Foreign Owners Challenge a Management Decision?

A management body or owners’ meeting may sometimes approve changes to common areas. However, a decision may still be challenged if it:

• Was adopted without proper notice;
• Did not satisfy the required voting conditions;
• Exceeded the authority of the meeting;
• Violated the approved project;
• Unfairly harmed specific owners;
• Converted common property into private property; or
• Was obtained through misleading information.

Foreign owners should obtain the meeting notice, attendance list, voting record and signed minutes. A decision that appears valid on its face may still be vulnerable if the required procedure was not followed.

The time for challenging a decision may be strict. Owners should obtain legal advice promptly after receiving the minutes or learning about the change.

What Compensation Can Foreign Owners Request?

Foreign owners may seek compensation for losses caused by the unauthorized reduction of common areas.

Depending on the evidence, a claim may include:

• Reduction in the apartment’s market value;
• Loss of rental income;
• Parking rental or alternative parking expenses;
• Costs of restoring the common area;
• Loss of access to paid facilities;
• Additional maintenance or service expenses;
• Costs of expert reports and inspections; and
• Other direct and documented financial losses.

The amount should be supported by a valuation report, rental comparisons, photographs, invoices and technical evidence. A general complaint that the project became less attractive may not be sufficient without proof of financial loss.

Can Owners Demand Restoration?

Restoration may be requested when a common area was unlawfully removed, reduced, closed or converted.

This remedy may be stronger when:

• The original area appears in the approved project;
• The purchase agreement or technical specification includes it;
• The area was used to market the apartments;
• The developer acted without the owners’ valid approval;
• The alteration violates a construction permit; or
• The change materially affects the owners’ rights.

Restoration may involve removing an unauthorized structure, reopening a closed area, returning parking spaces or reinstating access to a shared facility.

The court may consider technical feasibility, third-party rights, safety issues and the current status of the project.

Can Owners Request an Urgent Injunction?

If the developer is continuing construction or changing a common area, an urgent interim measure may be considered.

The purpose may be to:

• Prevent further construction;
• Stop a transfer or private registration;
• Preserve the existing physical condition;
• Prevent permanent damage;
• Protect evidence; or
• Preserve the owners’ ability to obtain meaningful relief.

An urgent application usually requires evidence of a serious risk, a legal claim and potential harm that may be difficult to repair later. Owners should collect dated photographs, videos, notices, project documents and technical reports immediately.

Foreign owners should not attempt to demolish, block or interfere with construction themselves. Self-help actions may create additional legal problems.

Who Can Be Held Responsible?

The responsible party may differ according to the facts. Potentially relevant parties may include:

• The developer;
• The seller;
• A project management company;
• A construction contractor;
• A property management company;
• A company that received private rights over the common area; or
• A professional agent that made misleading representations.

The agreement, payment records, project documents and actual conduct should be examined before deciding whom to pursue.

If the developer sold apartments while intending to reduce the facilities later, evidence of that intention may be important for both civil and, in exceptional cases, other legal claims.

Evidence Foreign Owners Should Preserve

Foreign owners should preserve:

• Purchase agreements;
• Technical specifications;
• Title deed and project records;
• Approved site and building plans;
• Management plans;
• Sales brochures and advertisements;
• Website screenshots;
• Emails and WhatsApp messages;
• Photographs and videos before and after the reduction;
• Meeting notices and minutes;
• Payment records;
• Maintenance and facility invoices;
• Independent valuation reports; and
• Statements from other apartment owners.

A shared file prepared by several owners may help establish the original condition of the project and the collective impact of the developer’s actions.

What Should Foreign Owners Do Immediately?

Owners should first send a written notice to the developer and management company, describing the reduction and reserving all rights. They should request the legal and technical basis for the change.

They should also obtain copies of the approved project, title deed information, management documents and relevant meeting minutes.

Owners should avoid signing:

• A consent form;
• A release;
• A document accepting the reduced facilities;
• A revised project plan;
• A settlement without valuation; or
• A statement confirming that no claim exists.

A mediation process may be required for some disputes before a lawsuit can be filed. The applicable procedure may depend on whether the claim is contractual, consumer-related, property-related or connected to a management decision.

Can Foreign Owners Act From Abroad?

Foreign owners can often appoint a lawyer to manage negotiations, evidence collection, mediation and court proceedings in Turkey.

A power of attorney signed abroad may require notarization, apostille or legalization, certified translation and other formalities. The exact requirements depend on the country where the document is issued.

Lawyer Fırat Fesih Kaya assists foreign property owners with common-area disputes, developer liability, project changes, management decisions, compensation claims and urgent property protection in Turkey.

2026 Legal Considerations

In 2026, common-area disputes continue to depend primarily on the relationship between the purchase documents, approved project, title deed records and actual construction.

Before filing a claim, foreign owners should confirm current procedural requirements, possible mediation obligations, limitation periods and the correct legal forum. A prompt review is especially important where construction is continuing or the developer is attempting to register a shared area as private property.

Conclusion

A developer may face legal liability if common areas are reduced, removed, privatized or materially changed after apartments have been sold. Foreign owners may seek restoration, prevention of unauthorized construction, compensation, price reduction or cancellation in serious cases.

The strongest claims are usually supported by clear project documents, title deed records, technical evidence, sales representations and proof of financial loss. Foreign owners should act quickly and preserve their rights before signing revised plans or accepting the reduced facilities.

Frequently Asked Questions (FAQ)

1. Can a developer reduce common areas after selling apartments in Turkey?

A developer generally cannot materially reduce or privatize common areas without a valid legal and contractual basis. The approved project, purchase documents and owner rights must be examined.

2. What areas are usually considered common areas?

Common areas may include gardens, entrances, corridors, elevators, parking spaces, pools, rooftops, storage areas, playgrounds and social facilities. Their legal status should be confirmed through the project and title deed records.

3. Can foreign owners claim compensation for lost common facilities?

Potentially, yes. Compensation may be available for reduced property value, lost rental income, alternative parking costs, facility expenses and other proven financial losses.

4. Can apartment owners demand restoration of a removed facility?

Restoration may be requested if the facility was included in the approved project, purchase documents or binding sales representations and was removed without proper authority.

5. Can a developer build private units on common property?

Such construction may be challenged if it exceeds the approved project, violates owner rights or creates a private benefit without a valid legal basis. Title deed and planning records should be reviewed.

6. Can foreign owners challenge a decision approving the reduction?

Yes, a management or owners’ meeting decision may be challenged if it was adopted improperly, exceeded the meeting’s authority or unlawfully harmed common property rights.

7. What if the purchase agreement allows project changes?

A project-change clause may cover minor technical changes but may not automatically authorize a substantial reduction in parking, gardens, pools or social facilities. The wording and effect of the change are important.

8. Can foreign owners request an urgent injunction?

An urgent interim measure may be considered where continuing construction could create permanent or difficult-to-repair harm. Photographs, project documents and technical evidence may support the request.

9. Can a foreign owner act without traveling to Turkey?

Often, yes. A properly prepared power of attorney may allow a lawyer to handle negotiations, mediation and court proceedings. Formal authentication and translation requirements may apply.

10. What evidence is most important in a common-area dispute?

Purchase agreements, technical specifications, approved plans, title deed records, brochures, messages, photographs, meeting minutes, expert reports and proof of financial loss are commonly important.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Expert Legal Support

Unauthorized changes to common areas can reduce the value and usability of foreign-owned apartments. Timely legal assistance can help protect shared property rights, preserve evidence and determine whether restoration, compensation, an injunction or cancellation should be pursued.

Fırat Fesih Kaya Law Office provides professional legal support to foreign apartment owners in Turkey and abroad.

Call: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Office: Mevlana Boulevard No:221, Yildirim Tower, Office No:148, Balgat, Cankaya, Ankara, Turkey