The exterior facade, roof, and terrace areas of buildings are considered common areas according to the Condominium Law. Therefore, the use of these areas for advertising purposes is not an ordinary management disposition; it is considered an important management matter. Pursuant to Article 45 of the Condominium Law, leasing the exterior walls, roof, or terrace of the main property for advertising purposes is only possible with a unanimous decision by all unit owners.

Exterior facade advertising lease transactions made without achieving unanimity in the general assembly are not considered legally valid. In this case, the signed lease agreement is considered invalid from the outset, and any unit owner may file a lawsuit for the cancellation of this transaction. Especially advertising placements on the roof, installation of large billboards, or advertising applications covering the entire building are the transactions where the unanimity requirement is most frequently sought.

How Can the Exterior Facade, Which Is a Common Area, Be Used for Advertising Purposes?

Since the building’s exterior facade is the common property of all unit owners, its use for advertising purposes is not possible with an individual decision. Decisions made by the manager, the board of directors, or the assembly of unit owners with a majority vote are not sufficient for such transactions. The use of the exterior facade for advertising purposes without the express consent of all unit owners is considered unlawful.

Since such practices affect not only the right of ownership but also the aesthetic integrity, safety of the building, and the right of use of other unit owners, the legislator has specifically sought the unanimity requirement.

Can Businesses Hang Advertising Billboards on Their Own Facades?

One of the most frequently confused issues in practice is the matter of businesses placing advertisements on their own independent sections. In most cases, it is possible for a business to hang an advertisement board on the facade area within the boundaries of its own independent section, provided it is not exaggerated, does not disrupt the building’s aesthetics, and does not disturb other floor owners. However, the following conditions are important for this:

There should be no explicit prohibition in the management plan

There should be no contrary decision made by the board of floor owners

The advertisement board must not physically occupy a common area

It must not create noise, light, or visual pollution. When these conditions are exceeded, the defense of “my workplace” does not provide legal protection, and the advertisement board can be removed.

Conclusion: If There Is No Unanimity, the Advertising Agreement Is Invalid

In summary; unanimity of the floor owners is required for the exterior facade, which is a common area of the building, to be leased for advertising purposes. Transactions made without unanimity are invalid and can always be subject to cancellation. Facade advertisements belonging to workplaces, on the other hand, should be evaluated more restrictively and carefully.

Bina dış cephesine reklam asmak için kat maliklerinin oyçokluğu yeterli mi?

Hayır. Bina dış cephesi ortak alan olduğu için reklam amacıyla kiralanması veya kullanılması oybirliği gerektirir. Oyçokluğu veya yönetici kararı bu işlem için yeterli değildir. Oybirliği sağlanmadan yapılan reklam kiralamaları geçersiz kabul edilir.

Çatıya veya dama reklam panosu yerleştirilebilir mi?

Çatı ve dam alanları da ortak alan sayılır. Bu alanlara reklam yerleştirilmesi, Kat Mülkiyeti Kanunu’na göre önemli yönetim işi niteliğindedir. Bu nedenle tüm kat maliklerinin oybirliği olmadan çatıya reklam yerleştirilmesi hukuka aykırıdır.

İşyerim için dış cepheye tabela asmam yasaklanabilir mi?

Eğer asılan tabela, ortak alanı işgal ediyor, binanın estetiğini bozuyor veya yönetim planına aykırıysa yasaklanabilir. Ancak yalnızca kendi bağımsız bölüm sınırları içinde kalan, ölçülü ve rahatsızlık vermeyen tabelalar çoğu zaman hukuka uygun kabul edilir. Her somut olay ayrı değerlendirilir.

Why Is an Expert Lawyer Necessary for Exterior Facade Advertisements?

Placing advertisements on the building’s facade or renting it out for advertising purposes is one of the most common causes of disputes in condominium law. Due to misinterpretation of the unanimity requirement, disregard for the management plan, or invalid contracts, both unit owners and advertising companies can face serious legal risks.

In such disputes, an expert lawyer;

the correct application of the provisions of the Condominium Law,

the evaluation of the binding nature of the management plan,

the cancellation or defense of invalid advertising contracts,

and ensures the proper handling of claims for unjust occupation and compensation for unauthorized use.
Even the smallest legal error in matters such as hanging advertisements on the building facade, common area billboards, and facade advertisement rental conditions can lead to long and costly lawsuits. Therefore, acting with a lawyer specializing in condominium law from the beginning of the process prevents both time and loss of rights.