Renovations made by a unit owner in their apartment often do not concern only themselves. Interference with the load-bearing system (cutting columns/beams), facade changes, removal of common walls, or additions made to common areas; directly affect both the safety of the building and the rights of other owners. Unauthorized renovations in independent sections and common areas are subject to strict rules under Condominium Law No. 634 (KMK). In this article, we discuss the limits of unauthorized renovations and the legal remedies available against them.
Can a Unit Owner Make Any Desired Changes in Their Apartment?
Article 19 of the Condominium Law (KMK) regulates the meticulous obligation of unit owners to protect the main structure and its integrity. Accordingly, no unit owner may interfere with the load-bearing system of the main structure (columns, beams, foundations, main walls) or undertake construction, repair, installation, or alteration in common areas without the consent of all unit owners. Even works carried out within their own independent section cannot be of a nature that would harm the main structure. For the legal text, you can refer to the mevzuat.gov.tr page of Condominium Law No. 634.
Examples of Unauthorized Renovations
Cutting, drilling, or weakening load-bearing columns/beams,
Changes to the exterior facade contrary to the management plan (door, window, air conditioner, combi boiler chimney),
Removal or enclosure of common walls or common areas,
Unauthorized additions/enclosed areas to the attic floor or common area,
Unauthorized changes to common water/electricity/heating installations.
Interference with the load-bearing system, in particular, leads to extremely severe consequences, as it poses a vital risk in terms of earthquake safety.
What Can Be Done Against Unauthorized Renovation?
The courses of action that can be taken in case of unauthorized renovation are as follows. First, a written warning is issued through the building manager, requesting the renovation to be stopped. If not remedied, a lawsuit for restoration to the previous state and cessation of interference can be filed in the civil court of peace; in urgent cases, the cessation of the renovation can be requested with a precautionary injunction. In cases that threaten life safety, such as interference with the load-bearing system, the relevant municipality/administration should also be consulted. If damage has occurred due to the renovation, compensation can be demanded.
As a complement to the topic, you can also examine our articles “Maintenance and Repair Negligence” and “Improper Use of Common Areas” on our blog.
Frequently Asked Questions (FAQ)
Can a floor owner cut a column in their apartment? No. Interference with the load-bearing system cannot be done if it is of a nature to harm the main structure, even if all floor owners consent; this is a serious violation.
Is permission required for a facade change? Yes. As a rule, a decision from the general assembly of floor owners is required for changes to the exterior facade that are contrary to the management plan.
Can unauthorized renovation be stopped? Yes. In urgent cases, the renovation can be stopped with a precautionary injunction; subsequently, a lawsuit for restoration to the previous state and cessation of interference can be filed.
What is done for an unauthorized addition to a common area? A lawsuit for cessation of interference and restoration to the previous state can be filed to remove an unauthorized addition made to a common area.
Why is Expert Lawyer Support Necessary?
Unauthorized alteration disputes; especially in cases involving interference with the load-bearing system, require urgent measures, expert examination, and the swift prosecution of a restoration lawsuit. Loss of time can lead to consequences that are difficult to remedy in terms of structural safety.
As 2M Hukuk Law Office, we are with you in condominium disputes not only during the litigation phase but from the very beginning of the process that gives rise to the dispute. Our main services include:
Within the scope of Istanbul site and apartment consultancy, the legally compliant structuring of renovation permits and structural safety processes,
For renovation/permit decisions, preparation of extraordinary general assembly meeting notices and invitations for homeowners,
Preparation of site meeting invitations and minutes; proper drafting of ordinary and extraordinary meeting minute drafts,
Conducting meetings and votes in accordance with the Condominium Law (KMK), proper adoption of decisions, and correct calculation of quorums,
Lawsuit follow-up and representation in preliminary injunction, restoration to original state, prevention of interference, and compensation cases.
With our experienced team of condominium lawyers and condominium law attorneys; we are by your side for your needs for an Istanbul condominium law lawyer and a Tuzla condominium lawyer. To get to know our team, you can review our team page, and to evaluate your case, you can contact us.
