The contractor has left a space for the air-conditioning unit inside the balcony; however, when the unit operates, the balcony becomes like an oven, hot air flows into the kitchen, and you cannot use the balcony at all during the summer. You want to move the outdoor unit outside the balcony, onto the building façade. The building manager dismisses the request with a single sentence: “The exterior façade is a common area; it cannot be done.” In this article, we explain which part of the manager’s answer is correct and which part is incomplete; how you can lawfully relocate the outdoor unit in light of Law No. 634 on Condominium Ownership and Court of Cassation case law; and which steps to follow if the management resists.

Contents

1. Where can an air-conditioner outdoor unit be installed? What boundary does the law draw?

In a building subject to condominium ownership, the entire dispute over air conditioners comes down to one question: does the unit remain within the boundaries of your independent section, or does it extend beyond those boundaries into a common area? If the answer is “inside”, you do not need anyone’s permission. If the answer is “outside”, the strict majority regime governing common areas under Law No. 634 applies.

For decades, the Court of Cassation has applied this distinction consistently. Even if it is not shown in the approved project of the main property, a unit owner may place a domestic air-conditioning unit at the window of his or her own independent section or inside the balcony provided that it does not disturb the neighbours. By contrast, mounting the unit outside the balcony railing, beyond the parapet, or directly on the building wall is treated as an interference with a common area and may result in an order for its removal.

2. Is the inside of the balcony part of the independent section while the outside is a common area?

Article 4 of Law No. 634 on Condominium Ownership expressly lists the foundations, main walls, beams, columns and shear walls forming the load-bearing system, as well as other elements forming part of them, as common areas. The article also contains a residual rule: places not expressly listed but necessary for common use, protection or benefit are likewise deemed common areas.

When these two legal bases are read together, the result is clear: even if you have the right to use the balcony, the exterior wall and façade surface surrounding the balcony belong not to you, but to all unit owners. The space between the balcony floor and the railing is within your use; just beyond the railing is part of the building’s common envelope. In practice, most disputes arise precisely from this narrow boundary.

Does the fact that the building is newly constructed through urban transformation change the result?

No. The fact that the building was renewed under Law No. 6306 does not give you the right to install equipment freely on the exterior façade. However, because the architectural project, permit annexes and occupancy permit are generally easier to obtain in such buildings, it becomes easier to prove whether the project designates a specific location for air-conditioning units. This can accelerate the dispute in your favour. For detailed information on the urban transformation process and handover documents, you may review our urban transformation services page .

3. What right does the air-conditioning space left by the contractor on the balcony give you?

This is one of the most frequently overlooked points in these files. The mere fact that the contractor left an “air-conditioning niche” inside the balcony does not, by itself, create a legal status. What matters is how that location appears in the relevant documents. There are four possibilities:

• It may be shown in the approved architectural project. This is the strongest possibility: if the project allocates that location for the air-conditioning unit, the manager cannot require you to remove it from there, and moving the unit outside may itself constitute a breach of the approved project.
• It may be a section allocated to the independent unit. In that case, you have the right to use it, but that does not give you the right to move the unit onto the common façade.
• It may merely be a de facto construction detail. In other words, the contractor may have left a recess that does not appear in the project. In that case, the existing use is itself contrary to the project, and the argument “we are already outside the project anyway” will not help you.
• It may be specifically regulated in the management plan. If the management plan designates locations for air-conditioner installations, that provision has contractual force and binds everyone.

Accordingly, the first step should not be a lawsuit or a petition, but collecting the documents: the approved architectural project and façade elevations, building permit and annexes, occupancy permit, and management plan. Any opinion given without reviewing these four documents is based on speculation.

4. Why is the written consent of 4/5 required to move it onto the exterior façade?

The legal basis is the second paragraph of Article 19 of Law No. 634, as amended by Law No. 5711. The provision states that one unit owner may not carry out construction, repairs or installations in the common areas of the main property, or apply exterior whitewash or paint in a different colour, without the written consent of four-fifths of all unit owners. The first paragraph also imposes on unit owners the duty to carefully preserve the architectural condition, appearance and structural integrity of the main property.

Mounting an air-conditioner outdoor unit on the façade constitutes both the installation of a fixture and a change in the appearance of the façade and therefore falls within the scope of this paragraph. In practice, two calculation errors are especially common:

• Assuming that 4/5 of those attending the meeting is sufficient. The ratio is calculated not over those attending the meeting, but over all unit owners In a complex with 60 independent sections, the required number is 48; if only 30 people attend the meeting, the approval of 24 of them has no legal effect for this purpose.
• Assuming that oral consent is sufficient. The law requires “written consent”. A show of hands at a meeting creates an evidentiary problem unless it is recorded in a signed resolution book or converted into separately signed written consents.

Article 30, which regulates the general decision quorum of the unit owners’ board (meeting with more than half in terms of both number and land share, and decision by majority vote), does not overridethis special rule. In other words, saying “we adopted the resolution by majority at the general meeting” is not enough for installing a fixture in a common area. Our article examining in detail the limits of alterations that may be made in common areas, “Can Changes Be Made in the Common Areas of a Building?” addresses this issue within the general legal framework.

5. Is 4/5 always sufficient, or are there cases requiring unanimity?

This is the most critical and most frequently overlooked part of the article. The General Assembly of Civil Chambers of the Court of Cassation has made clear that the four-fifths ratio under Art. 19/2 does not confer unlimited authority .

In its decision dated 18.01.2022, E. 2017/(20)5-1996, K. 2022/5, the General Assembly of Civil Chambers adopted the following criterion: the four-fifths majority is intended for simple repairs and alterations that do not require a substantial amendment to the approved project If the work requires a substantial amendment to the approved project, the required quorum is not 4/5 but unanimity. The same decision also emphasised that four-fifths consent can produce legal effect only “provided that it is not contrary to the approved project and zoning legislation”.

Similarly, in its decision dated 22.09.2020, E. 2019/(18)20-235, K. 2020/646, the General Assembly of Civil Chambers held that the consent of all owners is required for an alteration requiring an amendment project; an owner who refuses consent cannot be compelled to give it, such refusal cannot be treated as an abuse of rights, and the judge cannot substitute his or her will for that owner’s will. In that case, even the consent of 148 out of 169 owners was found insufficient.

6. What does it mean for your rights if the balcony cannot be used because of the heat?

Article 18 of Law No. 634 requires unit owners, when using their independent sections, appurtenances and common areas, to comply with the rules of good faith, in particular not to disturb one another, not to infringe one another’s rights, and to comply with the provisions of the management plan.

If hot air discharged by the outdoor unit makes the balcony unusable and excessively heats the kitchen, this is to the extent that it can be demonstrated by a technical report a usage problem that must be taken seriously. However, the legal equation must be framed correctly:

• This inconvenience does not give you the right to interfere with a common area on your own. In other words, you cannot hang the unit on the façade merely because “my balcony is unusable”.
• On the other hand, this inconvenience constitutes a legitimate reason for you to demand that the management place the matter on the agenda and makes an arbitrary refusal of your request legally indefensible.
• As the number of owners experiencing the same problem increases, the matter ceases to be “one person’s private request” and becomes a technical defect that must be resolved across the entire complex This significantly increases your chances of securing a board resolution.

7. Can the manager grant permission alone, or refuse it alone?

The manager’s position has two aspects, and in practice these two aspects are often confused.

The manager cannot grant permission

The authority to permit the installation of a fixture in a common area belongs to the unit owners’ board. The manager cannot independently grant permission on a matter that falls within the board’s authority. Therefore, the defence “the manager gave verbal permission” will not protect you in an action seeking restoration to the former condition. Article 32 of Law No. 634 expressly provides that the main property shall be managed in accordance with the resolutions adopted by the unit owners’ board under the agreement, management plan and statutory provisions.

The manager cannot reject the request indefinitely

Among the manager’s duties under Article 35 are taking the measures necessary for the proper use, protection, maintenance and repair of the main property. This gives the manager authority to prevent unauthorised installations; however, it does not give the manager authority to finally reject on his or her own a request that must be submitted to the board. Under Article 38, the manager is liable to the unit owners in the same manner as an agent. An agent’s failure to submit to the principal a matter falling within the principal’s authority is inconsistent with the agency relationship.

For the procedure to be followed if the manager does not place your written application on the agenda, see our article “Can Unit Owners Call a Meeting If the Manager Does Not?” and for the manager’s legal status and liability, see our article “Can an Apartment Manager Grant a Power of Attorney to a Lawyer?” If replacement of the management becomes necessary, our article on replacing the site manager will provide guidance.

8. Which board has authority in a residential complex with two blocks?

A resolution adopted by the wrong board may be annulled for lack of authorityno matter how reasonable its substance may be. It is therefore essential to identify the competent body correctly before adopting a resolution.

Under Article 69 of Law No. 634, each block building within a collective building complex is managed, with respect to its own issues and common areas belonging exclusively to that block,by the block unit owners’ board composed of the owners of independent sections in that block. Article 70 provides that there is a single management plan covering the whole collective building complex and that this plan binds all unit owners.

Whether your site actually has collective building status is determined by reviewing the land-registry records and management plan. It should also be remembered that in some cases where construction servitude has not yet been converted into condominium ownership, even the court with subject-matter jurisdiction may differ.

9. What did Law No. 7579 dated 22 May 2026 change on this issue?

Law No. 7579 Amending the Land Registry Law, Certain Laws and Decree-Law No. 375, published in the Official Gazette dated 22 May 2026 and numbered 33261, also amended the Condominium Ownership Law. These amendments must be read correctly in relation to air-conditioner disputes because they have created a mistaken expectation in practice.

10. Is the consent of the unit owners sufficient, or is municipal permission also required?

These two permissions do not substitute for one another, and this is one of the most common points at which cases are lost.

• The 4/5 consent obtained from the unit ownersdoes not replace technical and zoning approvals that must be obtained from the municipality.
• A technical-compliance opinion obtained from the municipality likewise does not replace the written consent of unit owners required by the Condominium Ownership Law for common areas.

Article 30 of Zoning Law No. 3194 provides for verification that the building complies with its permit and annexes and that there is no technical obstacle to its use. Therefore, whether mounting equipment on the exterior façade requires an amendment project, permit or other administrative approval should be asked in writing from the relevant municipality’s zoning and building-control department. Oral information is not sufficient; having a written administrative opinion in hand in any future lawsuit helps demonstrate your good faith and due diligence.

Documents that should be collected

• Approved architectural project and façade elevations
• Building permit and permit annexes
• Occupancy permit
• Drawings showing locations allocated for air-conditioner outdoor units in the project
• Site and block management plan
• All prior resolutions of the unit owners’ board
• Technical project to be prepared for façade installation
• Technical report showing the effect of the installation on the load-bearing system, thermal and waterproofing, and façade cladding

11. What does the Court of Cassation say in cases concerning air-conditioner outdoor units?

The Court of Cassation’s approach in this field has been remarkably consistent over the years. The table below summarises the principal decisions that define the framework.

Note: The case citations have been compiled from texts published in open sources. Before using a decision in a petition or publication, it is recommended that the current and complete text be verified through the UYAP Precedent Decisions system.

12. What happens if I install it without permission?

The cost of the “no one will notice anyway” approach is far higher than the price of the unit itself. If you install it without permission, you may face the following consequences:

• Action to prevent the interference and restore the former condition. Any unit owner or duly authorised management may bring an action before the Civil Court of Peace.
• Removal of the unit and restoration of the façade to its former condition. The court may grant a reasonable period for this; if it is not complied with within that period, the judgment may be enforced through execution proceedings.
• Court costs and attorney’s fees. As the losing party, you will also be required to pay the opposing party’s attorney’s fee.
• Liability for damage to the façade. Under the final paragraph of Article 19, each unit owner is liable for damage caused through fault to the main property and other independent sections. Drilling through thermal insulation, damaging waterproofing, or harming the façade cladding falls within this scope.
• Problems arising from discharging condensate water outside. Disturbance caused to lower-floor owners and third parties may give rise to a separate dispute.

In short, unauthorised installation means purchasing a permanent legal risk in exchange for temporary comfort. We also recommend our article in which we separately discuss the quorum issue and the consequences of unauthorised installation: “What voting ratio is required to install an air-conditioner outdoor unit on the exterior façade of a building?” .

13. What should you do step by step if the management prevents the installation?

The following five stages are the sequence that both maximises the likelihood of achieving a result and strengthens your position if you later need to file a lawsuit.

Stage one: Written application with multiple signatures

Do not sign the application alone; submit it together with other owners experiencing the same problem. The text should clearly state: why the existing location inside the balcony is unsuitable; excessive heat and inability to use the balcony; the effect on the kitchen and living areas; a request for a common and aesthetically consistent solution for moving the outdoor units to the façade; a request for a technical inspection; and a request that the matter be placed on the agenda of the competent board.

The method of service is at least as important as the content. Submit the application by registered mail with return receipt, through a notary, or against a signed receipt. The statement “we told the manager” has no evidentiary value.

Stage two: Obtain a technical report

Obtain a report from an independent mechanical engineer, civil engineer, or authorised technical expert. This takes the discussion out of the realm of “a neighbour’s whim” and places it on the ground of technical necessity. We explain the required contents in the next section.

Stage three: Resolution by the competent board

Request that the matter be discussed by the block or collective-building unit owners’ board. Pay attention to the meeting call and agenda procedure; procedural defects may lead to annulment of the resolution. For details, see our article on annulment of irregular general meetings and resolutions .

Stage four: Written consents and administrative approval

Collect the required written consent of four-fifths and obtain the approvals required by the municipality. Using a standard consent form containing the independent-section number, owner’s name, date and signature prevents later disputes over the count.

Stage five: Judicial application

If the management does not decide on the application, rejects it without authority, or the adopted board resolution is contrary to the law or management plan, an application may be made to the Civil Court of Peace at the location of the property under Article 33 of Law No. 634. The provision allows a unit owner who suffers harm because obligations and duties are not performed to request the intervention of the judge.

14. What should the technical report contain?

A weak technical report may provide ammunition to the opposing side instead of strengthening your case. The report should cover all of the following:

• Whether the existing location inside the balcony is suitable in terms of unit capacity and the manufacturer’s installation requirements
• The measurable effect of hot air discharged by the outdoor unit on the temperature of the balcony and kitchen
• The effect of the existing location on equipment efficiency and energy consumption
• The proposed new location on the exterior façade and the technical reasons for that location
• Noise and vibration levels and their effect on neighbouring independent sections
• Potential damage to the façade, thermal insulation and waterproofing, and the precautions to be taken
• How the condensate drainage line will be installed
• A standard, repeatable solution that can be applied to all apartments
• Safe installation details, bracket load calculations and maintenance access

15. Which matters must be included in the board resolution?

The most common mistake in practice is for the board to adopt a one-sentence resolution such as “permission is granted to install air conditioners on the exterior façade”. Within a few years, such a resolution can leave the façade filled with mismatched units and hanging pipes, creating a new dispute. The resolution should specify:

• The exact installation location (floor, axis, elevation)
• Maximum permitted unit dimensions and capacity
• Type and colour of the platform / bracket to be used
• Requirement for a concealment panel or grille to preserve the appearance of the façade
• The location and method of connection of the drainage line
• Routing of electrical and refrigerant lines and their placement in conduit
• Maximum noise level and any restrictions on operating hours
• Who will bear responsibility for maintenance, repairs and damage
• Who will bear the installation cost
• The sanction to be applied if installation is carried out contrary to the resolution

If you want the solution to be permanent, the most robust route is to incorporate these rules into the management plan. The reduction of the quorum in Article 70 to two-thirds by Law No. 7579 has made this route significantly easier than before. For allocation of common-area expenses, our articles on allocation of common expenses and allocation of exterior-façade insulation costs will provide guidance.

16. What are the 7 most common mistakes in this process?

17. Frequently Asked Questions

Do I need my neighbours’ permission to place the air conditioner inside my balcony?

No. According to settled Court of Cassation practice, no consent is required where the unit is placed at the window of your own independent section or inside your balcony. The only condition is that you do not disturb your neighbours through noise, vibration, dripping water or similar effects.

Can the manager alone permit installation of an air conditioner on the exterior façade?

No. Installing a fixture in a common area falls within the authority of the unit owners’ board. An installation made on the basis of the manager’s permission will not protect you in a subsequent lawsuit.

What can I do if the manager never places my request on the board agenda?

First make a written application that can be formally served. If you obtain no result, you may initiate the meeting-call procedure; if that also becomes blocked, you may request judicial intervention from the Civil Court of Peace under Article 33 of Law No. 634.

How many written consents are required in a complex with 60 apartments?

Four-fifths corresponds to 48 independent-section owners. This number is calculated over all unit owners, not only those attending the meeting.

The ratio fell to two-thirds with the 2026 amendment; wouldn’t 2/3 also be enough for air conditioners?

No. The reduction introduced by Law No. 7579 concerns the quorum for amending the management plan under Article 70. The four-fifths ratio in Article 19 governing construction, repairs and installations in common areas was not changed.

Most of my neighbours have the same problem. Does that make things easier for me?

Significantly. The more independent sections the problem affects, the easier it becomes to collect the required written consents, and the matter ceases to be a “personal request” and becomes a common technical problem of the complex. Preparing a common and standard façade solution has a far greater chance of success than scattered individual requests.

I installed it without permission and my neighbour sued me. What happens?

In Court of Cassation practice, such cases generally result in an order to remove the unit and restore the façade to the condition required by the architectural project. The court may grant a reasonable period for compliance; if the order is not complied with within that period, it may be enforced through execution proceedings. Court costs and the opposing party’s attorney’s fee may also be imposed on you.

Which court has jurisdiction over these cases?

As a rule, disputes arising from the Condominium Ownership Law fall within the jurisdiction of the Civil Court of Peace at the location of the property. However, in some cases where condominium ownership has not yet been established and only construction servitude exists, the Civil Court of First Instance may be considered competent; the land-registry status should therefore be reviewed before filing suit.

18. Why should you work with a lawyer experienced in condominium ownership law in this matter?

Cases involving air-conditioner outdoor units may look like simple neighbour disputes from the outside. In fact, reaching the correct result requires several independent technical areas to be read together:

• Reviewing the approved architectural project. Whether the façade elevations designate a location for the air-conditioning unit may determine the outcome of the entire case.
• Determining the correct quorum. Whether 4/5 or unanimity is required must be assessed in light of the General Assembly of Civil Chambers’ case law, depending on the nature of the work. A resolution adopted with the wrong quorum can render all the signatures collected useless.
• Identifying the competent body. The allocation of authority between the block board, collective-building representatives’ board and collective-building unit owners’ board is determined through the land-registry record and management plan.
• Preserving procedural compliance. A procedural defect in the meeting call, agenda, quorum or resolution-book entry can result in annulment even where your substantive request is justified.
• Framing the claim correctly. What relief is requested from the Civil Court of Peace is one of the most decisive choices affecting whether the case is won or lost.

2M Law Firm treats condominium ownership law as one of its principal practice areas and, from its Tuzla office, provides services to residential-complex and apartment-building managements and unit owners throughout Pendik, Kartal, Maltepe, Gebze and Kocaeli in common-area disputes, annulment of board resolutions, actions to prevent interference, and restoration-to-former-condition cases.

Related articles

• What Voting Ratio Is Required to Install an Air-Conditioner Outdoor Unit on a Building Façade?
• Can Changes Be Made in the Common Areas of a Building?
• How Can a Unit Owners’ Board Resolution Be Annulled?
• How Can an Irregular Unit Owners’ General Meeting and Its Resolutions Be Annulled?
• Can Unit Owners Call a Meeting If the Manager Does Not?
• Replacing the Site Manager and Appointing a New Manager
• Can an Apartment Manager Grant a Power of Attorney to a Lawyer?
• Is It Legal to Place Advertising on a Building’s Exterior Façade?
• Does a Business Need the Approval of Unit Owners to Put Up a Sign on the Building Façade?
• How Are Roof Repair and Exterior Façade Insulation Costs Allocated?
• How Are Common Expenses Allocated in Apartments and Residential Complexes?
• Is Unanimous Consent Required to Build a Pool in a Residential Complex?
• Can a Shelter, Storage Area or Caretaker’s Apartment Be Rented Out?

Sources and legislation

• Law No. 634 on Condominium Ownership — Arts. 4, 18, 19, 28, 30, 32, 33, 34, 35, 38, 69, 70
• Zoning Law No. 3194 — Arts. 30, 31, 32
• Law No. 7579 Amending the Land Registry Law, Certain Laws and Decree-Law No. 375 (Official Gazette: 22.05.2026, No. 33261) — Arts. 3, 4, 5
• Decisions of the Court of Cassation General Assembly of Civil Chambers and Civil Chambers — shown in the table in Section 11