Rights and Obligations Arising from Neighbour Law
In condominium properties, “neighbourhood” is not merely about living in adjacent apartments or in units above and below one another; it is also a legal status that requires respect for each other’s property rights. Article 737 of the Turkish Civil Code and Article 18 of the Condominium Law define the limits of the obligations neighbours owe to one another. A unit owner is obligated, while using their own property, not to disturb other owners and not to infringe upon their rights.
Article 18 of the Condominium Law: The “Principle of Good Faith”
Article 18 of the Condominium Law requires unit owners to act toward one another in accordance with the “rules of good faith.” This is a very broad principle. Accordingly:
- Unit owners must refrain from conduct that may disturb other unit owners while using their independent units (excessive noise, odors, smoke, vibrations, etc.).
- They must avoid actions that may damage common areas, impair the aesthetic appearance of the building, or restrict the rights of other owners to benefit from common areas.
The “Tolerance Threshold” in Neighbour Law
Not every noise or odor is considered “unlawful” under neighbour law. The law recognizes “ordinary neighbourhood limits.” For example, the sound of a baby crying, vacuuming during normal hours, or ordinary kitchen smells are considered normal situations that neighbours are expected to tolerate. However, listening to loud music at midnight, operating a workshop in an apartment that continuously emits strong odors, or leaving garbage in common areas are unlawful interferences that exceed this threshold of tolerance.
What Should Be Done in the Event of a Dispute?
If your neighbour’s conduct violates Article 18 of the Condominium Law, the following course of action should be followed:
Verbal/Written Warning: First, the neighbour should be politely warned, and if possible, a formal notice should be issued through the management.
Management Intervention: If the problem continues, the building manager should be contacted. Based on general assembly decisions and the Condominium Law, the manager may initiate the necessary procedures (formal notice or court proceedings) to eliminate the disturbance.
Judicial Intervention: If the dispute cannot be resolved, an application may be made to the Civil Court of Peace requesting the “elimination of the disturbance” or the “cessation of unlawful conduct.”
Foreign Owners and Cultural Differences
Particularly in residential complexes in Türkiye where foreign and local neighbours live together, differences in cultural habits may sometimes lead to misunderstandings. The Condominium Law focuses not on cultural differences but on “legal standards.” The law binds everyone to the same “neighbourhood obligation,” regardless of nationality. Awareness by foreign owners or tenants that neighbour law in Türkiye is based on “quiet enjoyment and mutual respect” helps prevent potential tensions.
Neighbour law is the “peace index” of a building. On one side stands personal freedom; on the other stands the peace and comfort of others. When this balance is disrupted, the law intervenes to remind everyone of the principle that “my rights end where another person’s rights begin.”
Unauthorized Alterations in Common Areas and the Action for Prevention of Interference
In condominium properties, common areas (gardens, exterior facades, roofs, stairwells, parking areas) are places jointly owned by all unit owners in proportion to their land shares. Under the Condominium Law, it is strictly prohibited for a unit owner to interfere with these areas without the consent of the other owners. Justifications such as “it is in front of my property” or “I alone have access to the roof” have no legal validity.
What Is a Common Area and What Are Its Boundaries?
Article 4 of the Condominium Law defines common areas. The basic rule is this: any place that is not registered in the title deed as an independent unit or exclusively allocated to a single independent unit is considered a common area.
For example, enclosing balconies (because it changes the exterior facade of the building), constructing an additional structure in the garden without permission, placing a shoe cabinet or cupboard in a common corridor, or allocating the roof exclusively to the upper-floor owner are all interventions contrary to the Condominium Law.
Action for Prevention of Interference (Cessation of Trespass)
When an intervention in a common area is identified (for example, your neighbour constructing an unauthorized structure in a common area), other unit owners may file an action for “Prevention of Interference (or Restoration to the Original State).”
Standing: No decision of the unit owners’ assembly is required to file this action. Any unit owner may bring the lawsuit individually and request the protection of the building’s general appearance or common use.
Restoration to the Original State: If the court determines that the intervention is unlawful, it will order the common area to be restored to its condition prior to the intervention (in conformity with the approved project). All expenses (demolition and corrective costs) are borne by the owner who carried out the intervention.
Violation of the Architectural Project and Zoning Legislation
Interventions in common areas concern not only the Condominium Law but also the Zoning Law. A structure not included in the building’s architectural project (for example, an enclosed balcony or an unauthorized structure) faces the risk of demolition by the municipality and may also reduce the value of the building. A foreign investor who encounters such an “architectural irregularity” in a building they purchase should identify the issue beforehand to avoid bearing future legal liabilities (such as demolition costs).
Exceptional Situations: The 4/5 Majority Rule
For beneficial improvements to common areas (for example, thermal insulation, installation of an elevator, or installation of solar panels), the written consent of four-fifths (4/5) of the unit owners is required. This is not an unauthorized intervention but a lawful procedure. If this majority is obtained, the matter is no longer an intervention in a common area but rather an implementation of a duly adopted decision, making opposition difficult.
Strategy from the Perspective of Neighbour Law
Interference with common areas is one of the greatest factors damaging neighbourly relations within a building. In disputes where foreign owners encounter neighbours who say, “It’s my space, I can do whatever I want,” the most effective method is first to inform the management and then request correction of the situation through a formal notice. Legal proceedings (an action for prevention of interference) often cause the owner to step back because losing such cases can result in substantial court costs and restoration expenses.
Common areas are the heart of the building. Interference with them is, in reality, an attack on the building as a whole. The law protects buildings that remain faithful to their approved projects and safeguards architectural integrity through the remedy of “restoration to the original state” against unauthorized alterations.
Noise, Odors, and Disturbing Conduct
One of the areas where neighbour law is most frequently tested in condominium properties concerns disturbances arising from activities carried out in independent units (apartments). Noise pollution, strong odors spreading through the environment, or activities disrupting the general peace of the building constitute violations of the obligation under Article 18 of the Condominium Law to “avoid disturbing others and to comply with the rules of good faith.”
Noise and the Duty of Insulation
Every unit owner is obligated to use their independent unit in a manner that does not disturb others. However, this does not mean that “no sound whatsoever may come from an apartment.” In law, noise is divided into “ordinary” and “extraordinary” categories:
Ordinary Noise: Sounds arising from daily life in a home (footsteps, kitchen appliances, etc.) are considered normal.
Extraordinary Noise: Listening to loud music late at night, drill or machine noises resulting from commercial or industrial activities carried out in a residence, shouting, and similar conduct are contrary to neighbour law.
Insulation: If a neighbour uses their apartment as a music studio, gaming venue, or for another purpose that generates intense noise, they are obligated to install sound insulation. If neighbours are disturbed due to the absence of insulation, legal liability arises.
Odors and Environmental Pollution
Strong odors or smoke arising particularly from commercial activities conducted in apartments (for example, home-based food production or workshop activities) directly interfere with the rights of other owners to use their properties. If such odors pass into other apartments through ventilation shafts or common installations, they may be regarded as creating an “intolerable condition.” In such situations, courts may order the cessation of the activity or the implementation of appropriate ventilation measures.
Legal Sanction: Request for Eviction (Article 25 of the Condominium Law)
If a neighbour persists in disturbing conduct (noise, odors, disruption of the general peace) despite all warnings and administrative fines, Article 25 of the Condominium Law provides for a very radical sanction: the “Compulsory Transfer of Condominium Ownership.” Under this provision, if a unit owner engages in conduct that has become intolerable, the transfer of their ownership rights may be demanded by unanimous vote (or a qualified majority) of the other owners. In other words, the court may order that owner to sell their apartment and leave the building. This is the most severe sanction available under Turkish neighbour law.
Foreign Owners and the Search for Solutions
Foreign owners or tenants may sometimes fail to realize that conduct considered “normal” in their own culture (for example, hosting friends loudly at home or cooking foods with particularly strong odors) may create disturbances in apartment living in Türkiye. In such situations:
Communication: Rather than turning the issue into a direct conflict, “apartment rules” should be politely communicated through the manager or by way of a courteous note.
Documentation: The frequency and nature of the disturbing conduct should be recorded.
Formal Notice: If the problem persists, a formal notice sent through a law office is the most effective way to explain the seriousness of the situation and its legal consequences (compensation claims or the risk of eviction).
Neighbourhood is a mutual “contract of patience and respect.” The legal system is designed to protect the peace of the building against parties who fail to comply with this contract. While everyone has the right to live freely in their home, no one has the freedom to disturb the peace of their neighbours.
Interference with Common Areas: Balcony Enclosures and Exterior Facade Aesthetics
In condominium buildings, the “exterior facade” forms part of the architectural project and is subject to the approval of the unit owners’ assembly or the manager in order to preserve the building’s aesthetic integrity. Today, balcony enclosures, placement of air-conditioning outdoor units, and exterior painting works are among the most common legal disputes that strain neighbourly relations.
Compliance with the Architectural Project
Article 19 of the Condominium Law establishes the obligation of unit owners to remain faithful to the architectural project. Accordingly, no unit owner may make alterations that impair the architectural condition of the main property. Even enclosing a balcony with glass panels may legally be considered an “intervention constituting an architectural alteration” because it affects the building’s exterior facade.
Exception: If a decision has been adopted at the unit owners’ assembly allowing “all balconies in the block to be enclosed using the same brand and model,” this is no longer considered an intervention but rather the implementation of an approved decision. However, an owner who installs a glass balcony of a different color or design for their own apartment may be subject to complaints by other owners.
Air-Conditioning Outdoor Units and Aesthetics
The placement of air-conditioning outdoor units must not impair the building’s exterior appearance or disturb neighbours below through dripping water. If the management plan contains rules concerning the installation of outdoor units, those rules must be followed. In the absence of such rules, any intervention affecting a common area (the exterior facade) may be regarded as an “unlawful interference.”
Preservation of Exterior Facade Aesthetics
The color of the building’s exterior facade, the color of window frames, and balcony railings are all components of the architectural project. If an owner installs windows of a different color or model in their apartment, other owners may bring an action for restoration to the original state on the grounds that the building’s overall aesthetic appearance has been impaired. This is a strict rule frequently enforced, particularly in luxury residential complexes, to preserve property values.
A “Renovation Guide” for Foreign Owners
Foreign owners purchasing property in Türkiye often assume that the same freedom to enclose balconies or renovate properties that exists in their home countries also applies in Türkiye. However, in Türkiye the architectural project is paramount. Before undertaking any renovation:
Review the Management Plan: Is there a general rule regarding renovations?
Obtain Permission from the Manager: Will the proposed work affect the exterior facade?
Check General Assembly Decisions: Has the building previously adopted a decision requiring uniform implementation?
What Should Be Done If an Intervention Has Already Occurred?
If a neighbour has enclosed a balcony or interfered with the exterior facade in a manner contrary to the approved project, other unit owners may apply to the manager and request that the situation be corrected. The manager may require the responsible party to bring the alteration into compliance with the project; otherwise, legal proceedings (prevention of interference and restoration to the original state) may be initiated. It should not be forgotten that every act contrary to the architectural project carries the risk of being classified as an “unauthorized structure” in municipal records.
Aesthetic integrity determines not only a building’s appearance but also its long-term value. The law seeks to preserve the building in the form approved by its project; therefore, every change to the exterior facade requires a collective will.
Litigation Processes and Evidence in Neighbour Law Disputes
Neighbour law disputes are among the most common “everyday life” cases brought before the courts. In disputes ranging from noise and odors to unauthorized construction and occupation of common areas, it is necessary to establish a strong evidentiary framework to prove one’s case. Lawsuits filed under the Condominium Law are subject to the simplified procedure and are intended to be resolved relatively quickly, although the evidentiary requirements are rigorous.
Burden of Proof in Litigation: “Photographs, Videos, and Witnesses”
If you claim that your neighbour has interfered with a common area or caused excessive noise, you must support your claim with concrete evidence.
Action for Determination of Evidence (Article 400 of the Code of Civil Procedure): Before filing a lawsuit, a party may request the court to conduct a determination of evidence. An expert appointed by the court conducts an on-site inspection and prepares a report regarding the interference or the source of the noise. This report constitutes “conclusive evidence” during the litigation stage.
Video and Photographs: In cases involving occupation of common areas (cupboards placed in front of doors, unauthorized structures), photographs bearing current dates are the strongest evidence.
Witnesses: In temporary situations such as noise or odors, testimony from other owners living in the same building plays a critical role in forming the court’s opinion.
Records and Minutes: Warning records or complaint logs maintained by the management are important for proving the continuity of unlawful conduct.
The Court’s Perspective
When examining a dispute, the judge of the Civil Court of Peace seeks answers to the following two questions:
- Is the defendant’s conduct contrary to the architectural project or the management plan? (Review of written documents/project)
- Does the conduct genuinely restrict the plaintiff’s right of use? (Expert report/on-site inspection)
If a violation of the architectural project is established, the judge generally has little hesitation in ordering restoration to the original state. However, in cases involving personal disturbances such as noise or odors, the judge examines whether the “ordinary limits of neighbourly tolerance” have been exceeded.
“Legal Assistance” for Foreign Owners
As a foreign owner, a lack of familiarity with the language of the court and legal procedures may cause you to appear unjustified even when you are right. During this process:
Interpreter and Expert Assistance: Obtaining the assistance of interpreters and expert witnesses is essential for ensuring the accuracy of the proceedings.
Legal Notice: Before initiating litigation, notices sent through a law office often resolve the issue without the need to file a lawsuit.
Management of the Process
Neighbour law lawsuits are tools for protecting your property rights and ensuring your peace and comfort. The litigation process generally proceeds as follows:
- Filing of the lawsuit.
- Expert examination (determination).
- Submission of the parties’ defenses and evidence.
- Court judgment (prevention of interference or compensation).
It should be remembered that lawsuits brought under neighbour law are not merely “compensation” cases but cases concerning the “order of daily life.” The court’s judgment establishes the legal hierarchy and boundaries within the building.
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