Apartment Management Allows Illegal Construction in Common Areas in Turkey: How Can a Foreign Owner Object? (2026 Updated Guide)

Apartment management allows unauthorized construction in common areas in Turkey. Learn how a foreign property owner can object, challenge apartment decisions, seek an injunction and request restoration of the common area.

Foreign property owners in Turkey sometimes discover that an apartment manager, management board or another unit owner has permitted construction in a common area of the building without obtaining the approvals required under condominium and zoning rules. A terrace may be enclosed, part of the garden may be converted into a private area, a corridor may be incorporated into an apartment, an additional room may be constructed or another structural alteration may be made to areas belonging collectively to the condominium owners. The fact that apartment management approved or tolerated the work does not automatically make it lawful. A foreign owner may potentially object to the condominium decision, demand termination of the interference, seek restoration of the common area, apply to the municipality where zoning violations exist and request urgent judicial protection where construction is continuing.

What Is a Common Area in a Turkish Apartment Building?

Under Turkish condominium law, certain parts of a building are allocated to collective use or ownership rather than belonging exclusively to an individual independent unit.

Depending on the building and registered project, common areas can include foundations, structural walls, corridors, stairways, entrances, roofs, terraces, gardens, shared installations and other sections intended for common protection or use.

The registered architectural project and title records are therefore important when determining whether the disputed area is genuinely common.

Can Apartment Management Authorize Construction in a Common Area?

Not simply because the manager or management board considers the project useful.

Apartment management derives its authority from condominium legislation, the management plan and valid decisions of the condominium owners. A manager cannot generally dispose of collectively owned areas as though they were the manager’s personal property.

The first question should therefore be: Who authorized the construction and under what legal authority?

A Management Decision Does Not Override Mandatory Law

Even where a condominium meeting approves construction, the decision must comply with mandatory condominium, zoning, building-safety and municipal requirements.

A condominium resolution cannot legalize construction that is unlawful under public-law rules.

Check the Registered Architectural Project

One of the most important documents is the approved architectural project for the building.

Compare the existing physical condition with the registered project. If a garden, terrace, entrance, parking area or corridor has been structurally changed, the project can provide strong evidence concerning the original lawful configuration.

Obtain the Condominium Management Plan

The management plan regulates important aspects of the relationship among condominium owners.

A foreign owner should obtain and review the plan to determine whether it contains provisions concerning use of common areas, renovations, alterations, management authority and decision-making procedures.

Obtain the Condominium Meeting Decision

If management claims that the construction was approved at a meeting, request the meeting minutes and decision records.

Check the meeting date, attendance, voting results, exact wording of the decision and whether the legally required voting threshold was satisfied.

Was the Required Consent Obtained?

Turkish condominium legislation places significant restrictions on construction, repair, installation and alterations affecting common areas.

The precise consent requirement depends on the nature of the work. A manager’s signature or an informal majority among several residents should therefore not automatically be treated as sufficient authorization.

Unauthorized Private Use of a Common Area

A frequent dispute arises where one owner effectively converts a common area into part of their private property.

Examples include enclosing part of a shared terrace, incorporating a hallway into an apartment, fencing off part of a garden or constructing a private storage area on shared property.

Long-term use does not necessarily transform a common area into privately owned property.

Can a Foreign Owner Object Even If They Do Not Live in Turkey?

Yes. Property rights do not disappear because the owner lives abroad.

A foreign condominium owner can potentially act through a lawyer in Turkey, subject to the appropriate power-of-attorney and procedural requirements.

Does the Foreign Owner Need to Speak Turkish?

No. Legal representation and appropriate translation arrangements can be used. The owner should nevertheless ensure that documents signed in relation to the condominium dispute are fully understood before approval.

First Send a Formal Objection

Where construction is proposed or has recently begun, a written objection can be strategically important.

The objection should identify the common area, disputed construction, absence of consent where applicable and request suspension of the work.

Documenting the objection can also prevent later claims that the foreign owner knowingly accepted the alteration.

Notify the Apartment Manager

If management permitted the construction, request the legal and factual basis for that permission.

Ask for relevant meeting decisions, management records and project documents.

Oral explanations should not replace documentary review.

Notify the Owner Carrying Out the Construction

Where another condominium owner is performing the work, formal notice may be appropriate.

The notice can request termination of unauthorized interference and restoration of the common area.

Construction Is Continuing: Can an Injunction Be Requested?

Potentially. Where ongoing construction could create difficult-to-reverse consequences, urgent judicial protection may be considered.

The court will evaluate the applicable procedural requirements and evidence. Photographs, videos, building plans and construction records can be particularly useful.

Preserve Evidence Immediately

Do not wait until construction is completed.

Take dated photographs and videos showing the area before and during the work where possible. Preserve management messages, notices, meeting minutes and correspondence.

If the physical condition may change quickly, formal evidence-preservation mechanisms may also need to be considered.

Can the Court Order the Construction to Stop?

Depending on the circumstances, judicial remedies can potentially be used to prevent unlawful interference with common property.

The precise claim depends on the construction, condominium decision and legal status of the area.

Can Restoration to the Former Condition Be Requested?

Potentially. Where an owner has unlawfully altered a common area, restoration of the previous lawful condition can become one of the principal remedies.

This may involve removing walls, enclosures, structures, installations or other unauthorized additions.

What If Apartment Management Approved the Construction?

Management approval does not necessarily defeat the claim.

The court can examine whether management had authority, whether the legally required owner consent existed and whether the alteration complied with mandatory law.

Can the Condominium Owners’ Decision Be Challenged?

Potentially. Decisions of condominium owners can be subject to judicial review under the Condominium Ownership Law where the statutory conditions are satisfied.

Time limits can become particularly important, so a foreign owner who learns of a disputed decision should seek legal review promptly.

Do Not Ignore Notification Dates

The owner’s attendance at the meeting, vote and date of learning about the decision may affect procedural analysis.

Preserve meeting invitations, electronic messages, notices and other evidence showing when the decision became known.

What If the Foreign Owner Was Never Invited to the Meeting?

The validity and consequences of the meeting should be examined carefully.

Review whether meeting and notification procedures complied with the applicable condominium rules and management plan.

Zoning Law Is a Separate Issue

A construction project can create both a private condominium dispute and a public zoning problem.

Even if sufficient condominium consent existed, construction may still require municipal approval or compliance with the approved project.

These issues should be analyzed separately.

Can the Municipality Be Notified?

Where construction appears inconsistent with zoning legislation, building permits or the approved project, an application to the competent municipality may be appropriate.

Municipal authorities can evaluate the construction under public-law building rules independently from the private dispute among condominium owners.

Municipality and Court Proceedings Can Coexist

A municipal application does not necessarily replace a condominium-law claim.

One proceeding concerns public building and zoning compliance; the other may concern the foreign owner’s private rights in common property.

Depending on the case, both routes may be relevant.

What If the Construction Is on the Roof?

Roof alterations frequently generate disputes because roofs are generally closely connected with the structural and common elements of the building.

Enclosing a roof area, constructing additional rooms or converting shared roof space into private use should be compared with the title records and approved architectural project.

What If a Shared Terrace Is Enclosed?

Determine whether the terrace is common property, allocated for exclusive use or part of an independent unit according to the title and project.

Physical access alone does not necessarily determine legal ownership.

What If the Garden Is Converted to Private Use?

Garden disputes commonly involve fencing, pergolas, enclosed areas, storage structures or extensions of ground-floor apartments.

The registered project, management plan and condominium decisions should be reviewed before accepting another owner’s claim to exclusive use.

Parking Areas Can Also Be Common Property

Management cannot necessarily permanently allocate or construct structures over shared parking areas without complying with the relevant legal framework.

The title records, approved project and management plan should be checked.

Structural Alterations Require Particular Attention

Work affecting columns, beams, load-bearing walls or other structural components can create safety concerns in addition to condominium disputes.

Technical expert assistance may be necessary.

Obtain an Architect or Engineer Report

For substantial construction, an independent architect or engineer can compare the existing building with the approved project and identify the nature of the alteration.

Technical evidence can considerably strengthen both judicial and administrative applications.

What If the Construction Has Already Been Completed?

Completion does not necessarily eliminate the owner’s remedies.

The foreign owner may still evaluate removal, restoration and challenges to the underlying condominium decision, depending on the circumstances and applicable procedural rules.

What If the Illegal Structure Has Existed for Years?

Older alterations require more detailed analysis of documents, knowledge, previous decisions and procedural issues.

The owner should not automatically assume that an unauthorized occupation becomes lawful merely because it has existed for a long time.

Can Management Charge All Owners for the Construction?

If common expenses are being used for disputed construction, the legal basis of the expenditure should also be examined.

The foreign owner may need to challenge both the physical alteration and the financial decision behind it.

Management’s Financial Records May Be Relevant

Request records showing payments, contractor invoices and the condominium decision authorizing expenditure where appropriate.

This can establish who commissioned and funded the work.

Can the Apartment Manager Be Personally Liable?

Potential liability depends on the manager’s actions, authority, fault and resulting damage.

A manager acting beyond authorized powers may face different issues from a manager merely implementing a valid condominium decision.

Can the Owner Who Built the Structure Be Liable?

Potentially. The owner who carries out unauthorized work may face claims concerning cessation of interference, restoration and damages where the legal requirements are satisfied.

What If Several Owners Supported the Construction?

The number of supporters does not alone determine legality.

The required voting threshold, nature of the construction and mandatory statutory restrictions must still be examined.

Purchase of the Apartment After Construction

A foreign buyer who discovers an unauthorized common-area structure after purchasing an apartment should review when the structure was built, who authorized it and whether the seller disclosed the issue.

Depending on the facts, separate claims against the seller may also require consideration.

Conduct Due Diligence Before Buying an Apartment

Foreign purchasers should compare the actual building with title records and approved architectural documentation before completion.

A visually attractive terrace enclosure or garden extension may later become the subject of demolition or condominium litigation.

Evidence Checklist for Foreign Owners

Important evidence can include the title deed, approved architectural project, management plan, condominium meeting minutes, attendance records, photographs, videos, contractor information, municipal records, correspondence with management and technical expert reports.

The documents should be collected before the dispute escalates.

Immediate Action Plan

A foreign owner who discovers potentially illegal construction in a Turkish apartment’s common area should first determine whether the area is legally common property, obtain the approved project and management plan, request the condominium decision authorizing the work, preserve photographs and other evidence, formally object to management and the owner performing the construction, investigate municipal compliance and evaluate urgent judicial protection if construction is continuing.

Frequently Asked Questions

Can apartment management give one owner permission to build in a common area?

Management cannot simply treat common property as privately disposable space. The authority to approve alterations depends on condominium legislation, the management plan, required owner consent and other applicable laws.

Can a foreign owner object even if most Turkish owners support the construction?

Potentially, yes. Majority support does not automatically legalize a decision that violates mandatory rules or exceeds the authority of the condominium assembly.

Can construction be stopped before the lawsuit ends?

Potentially. Where the legal requirements are satisfied, urgent interim judicial protection may be sought.

Can an illegally enclosed common area be restored?

Potentially. Restoration to the previous lawful condition can be an important remedy in unauthorized common-area alterations.

Can I complain to the municipality?

Where the construction potentially violates zoning, building-permit or approved-project requirements, municipal remedies may also be relevant.

What if the manager says the construction was approved at a meeting?

Obtain the actual meeting minutes and voting records. The legal validity of the decision should be reviewed rather than accepting the manager’s statement alone.

Can a roof or terrace become private property because only one apartment uses it?

Exclusive physical use does not automatically determine legal ownership. Title records, the approved project and condominium documents must be examined.

Can I take action while living outside Turkey?

Yes. A foreign owner can generally pursue property-related legal remedies through properly authorized legal representation in Turkey.

What documents are most important?

The title deed, approved architectural project, management plan, condominium decisions and photographs of the alteration are usually among the first documents that should be obtained.

What should a foreign owner do first?

Document the construction immediately and obtain the registered project and condominium decision before the physical condition changes. The legality of the work should then be examined under both condominium law and applicable zoning rules.

Client-Focused Legal Support for Foreign Apartment Owners in Turkey

Unauthorized construction in apartment common areas can involve condominium decisions, illegal private occupation, terraces, roofs, gardens, structural alterations, zoning violations, injunctions and restoration lawsuits. Fırat Fesih Kaya Law Office assists foreign property owners facing condominium and real-estate disputes in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in reviewing management decisions and registered projects, sending formal objections, seeking urgent judicial protection, pursuing restoration of common areas and coordinating municipal and court proceedings concerning unauthorized construction.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey