Mediation in Condominium and Neighbourhood Disputes in Turkey

Introduction

Mediation in condominium and neighbourhood disputes in Turkey has become an important part of the Turkish property law system. Disagreements between apartment owners, building managers, tenants, neighbouring property owners and users of adjoining properties may arise from common expenses, shared areas, noise, water leakage, parking spaces, unauthorised construction, building management decisions, rights of passage, trees, smoke, odour and many other issues.

These disputes are often more difficult than ordinary financial claims because the parties usually continue to live or conduct business near one another after the dispute ends. A court judgment may determine which party is legally right, but it may not create a practical long-term arrangement for people who must continue sharing the same building, garden, access road or neighbourhood.

For this reason, mediation is particularly suitable for condominium and neighbourhood disputes. It enables the parties to discuss legal rights together with practical concerns and to develop solutions that a court might not ordinarily impose.

As of 1 September 2023, applying to mediation before filing a lawsuit has become a condition of action for disputes arising from the Condominium Law and disputes concerning neighbourhood rights. Article 18/B of Law No. 6325 on Mediation in Civil Disputes expressly includes these categories within mandatory pre-litigation mediation.

Mandatory mediation does not require the parties to reach a settlement. The legal obligation concerns completion of the mediation process before filing a covered lawsuit. Each party remains free to reject proposals and proceed to court after the mediator issues the final report.

This article explains mediation in condominium and neighbourhood disputes in Turkey, including disputes over common expenses, apartment management, shared areas, parking, noise, water leakage, unauthorised alterations, neighbour interference, boundary issues, rights of passage, settlement agreements and enforcement.

What Is Condominium Mediation in Turkey?

Condominium mediation is a structured negotiation process used to resolve disputes arising from condominium ownership, apartment management and the use of buildings divided into independent units.

The process is conducted with the assistance of an independent and impartial mediator registered with the Turkish Ministry of Justice.

The mediator does not act as:

• A judge;
• An arbitrator;
• A building manager;
• A technical expert;
• A lawyer representing either party.

The mediator does not decide whether a management decision is valid, whether a unit owner must pay a particular expense or whether an alteration must be removed.

Instead, the mediator assists the parties in:

• Identifying the disputed legal and factual issues;
• Reviewing possible settlement options;
• Clarifying the parties’ interests;
• Negotiating financial and non-financial solutions;
• Establishing future rules for shared use;
• Preparing a written settlement.

A condominium settlement may include payment of common expenses, removal of an unauthorised structure, regulation of parking spaces, repair of water leakage, limitation of noise or amendment of a future management practice.

What Is Neighbourhood Dispute Mediation?

Neighbourhood dispute mediation concerns conflicts arising from the exercise of ownership or use rights between neighbouring properties.

Turkish property law does not give a property owner an unlimited right to use land without regard to neighbours. Ownership must be exercised within the limits imposed by law, good faith and neighbour relations.

Neighbourhood disputes may involve:

• Excessive noise;
• Smoke;
• Odour;
• Dust;
• Vibration;
• Water flow;
• Tree branches and roots;
• Boundary interference;
• Obstruction of access;
• Construction activity;
• Interference with light or ordinary use;
• Rights of passage;
• Drainage;
• Damage caused by neighbouring property.

Article 18/B of Law No. 6325 requires mediation before litigation in disputes arising from neighbourhood rights.

The purpose is not merely to reduce the number of cases before courts. Mediation provides an opportunity to create practical arrangements that may preserve peaceful relations between neighbours.

Is Mediation Mandatory in Condominium and Neighbourhood Disputes?

Yes. Applying to mediation is generally a condition of action before filing lawsuits concerning:

• Disputes arising from the Condominium Law;
• Disputes arising from neighbourhood rights.

These categories were added to the mandatory mediation framework through Article 18/B of Law No. 6325. The provision also includes rental disputes and disputes concerning the division of property and dissolution of co-ownership.

A condition of action is a procedural requirement. If the claimant files a covered lawsuit without first applying to mediation, the court may dismiss the case procedurally without examining the underlying dispute.

The claimant must therefore:

1. Submit an application to the competent mediation office;
2. Participate in the mediation process;
3. Obtain the final mediation report;
4. Submit the report when filing the lawsuit.

Where mediation was completed but the final report was not attached to the statement of claim, the court may apply the procedural rules concerning completion of missing documentation. This is different from a case in which no mediation application was made before litigation.

Does Mandatory Mediation Mean Compulsory Settlement?

No.

The parties are required to complete the process, but they cannot be compelled to reach an agreement.

A unit owner may refuse to accept a proposed payment plan. A building manager may reject a request to waive common expenses. A neighbour may decline to alter the use of property.

The mediator cannot:

• Impose a solution;
• Determine liability;
• Issue a removal order;
• Calculate binding compensation;
• Force a party to sign;
• Replace the court.

If no settlement is reached, the mediator prepares a final report. The claimant may then bring the appropriate lawsuit before the competent court.

Common Expense Disputes in Condominium Buildings

Common expense disputes are among the most frequent condominium conflicts in Turkey.

Apartment buildings and residential complexes require expenditure for matters such as:

• Cleaning;
• Security;
• Elevator maintenance;
• Heating systems;
• Building insurance;
• Roof repairs;
• Façade works;
• Garden maintenance;
• Caretaker services;
• Electricity for common areas;
• Structural repairs;
• Management costs.

Disputes may arise because a unit owner claims that:

• The expense was not properly approved;
• The distribution method is incorrect;
• The amount is excessive;
• The service was not provided;
• The owner does not use the relevant common facility;
• The expense should be paid by the tenant;
• The management decision is invalid;
• The calculation conflicts with the management plan.

Building management may argue that the expense is necessary and was allocated according to the Condominium Law, management plan or valid owners’ assembly decision.

During mediation, the parties may examine:

• The management plan;
• Owners’ assembly resolutions;
• Expense budgets;
• Invoices;
• Bank records;
• Ownership shares;
• Payment lists;
• Technical reports.

A settlement may provide for immediate payment, instalments, correction of the account, partial waiver of interest or review of future expense allocation.

Responsibility of Owners and Tenants for Common Expenses

A common dispute concerns whether an owner or tenant is responsible for a particular expense.

The internal relationship between landlord and tenant may differ from the responsibility asserted by building management.

Ordinary expenses linked to daily use may be assigned to the tenant under the lease agreement, while major ownership-related expenses may belong to the owner. However, the exact legal responsibility depends on:

• The type of expense;
• The lease agreement;
• Condominium legislation;
• The management plan;
• The party against whom the claim is brought.

A settlement should clearly specify:

• Which party will pay;
• Which periods are covered;
• Whether interest is included;
• Whether the owner reserves a recourse claim against the tenant;
• Whether future expenses will be handled differently.

Vague wording may produce a second dispute between the landlord and tenant even after the building management claim is resolved.

Challenges to Apartment Management Decisions

Unit owners may challenge decisions taken by the owners’ assembly or building management.

Disputes may concern:

• Failure to comply with meeting procedures;
• Lack of required majority;
• Decisions contrary to the management plan;
• Unequal treatment;
• Unauthorised expenditure;
• Appointment or dismissal of the manager;
• Renovation projects;
• Use of common areas;
• Parking arrangements;
• Restrictions imposed on a particular unit.

Before filing a covered lawsuit challenging or enforcing a condominium decision, the claimant must generally complete mandatory mediation.

Mediation does not suspend every statutory filing deadline automatically in a manner that eliminates the need for careful calculation. A party challenging a management decision should act quickly and review the applicable time limits before beginning negotiations.

A settlement may include:

• Reconsideration of the decision;
• Calling a new meeting;
• Temporary suspension of implementation;
• Amendment of the resolution;
• Independent technical review;
• Revised cost allocation.

Disputes Concerning the Building Manager

A building manager or management board may become involved in disputes concerning:

• Collection of dues;
• Failure to provide accounts;
• Unauthorised expenditure;
• Failure to carry out repairs;
• Refusal to implement assembly decisions;
• Appointment procedure;
• Abuse of authority;
• Lack of transparency;
• Failure to maintain records.

Unit owners may demand:

• Access to financial documents;
• Accounting records;
• Invoices;
• Bank statements;
• Contracts with service providers;
• Explanation of expenses;
• Resignation or removal of the manager.

The manager may argue that the requests are excessive, the documents have already been provided or the owner has unpaid liabilities.

Mediation may result in:

• Independent accounting review;
• Delivery of specified documents;
• A new reporting system;
• Payment of outstanding dues;
• Resignation on an agreed date;
• Calling a new owners’ meeting.

Use of Common Areas

Common areas may include:

• Entrances;
• Corridors;
• Staircases;
• Elevators;
• Roofs;
• Terraces;
• Gardens;
• Parking areas;
• Building shelters;
• Technical rooms;
• External walls;
• Shared storage areas.

Disputes may arise where one unit owner:

• Occupies a common area exclusively;
• Stores personal belongings in a corridor;
• Closes part of a terrace;
• Uses the garden as a private area;
• Blocks emergency access;
• Installs equipment without approval;
• Prevents others from using shared property.

The legal status of the area should first be verified from:

• Approved architectural project;
• Title deed records;
• Management plan;
• Building plans;
• Owners’ assembly decisions;
• Municipal documents.

A party may believe that an area belongs exclusively to a unit, while official plans show that it is common property.

Mediation may produce a solution involving removal, temporary use, shared access, compensation or an agreed use schedule.

Parking Space Disputes

Parking disputes are particularly common in apartment buildings and residential complexes.

The parties may disagree about:

• Whether spaces are private or common;
• Allocation of numbered spaces;
• Use by tenants;
• Visitor parking;
• Parking of commercial vehicles;
• Blocking access;
• Charging electric vehicles;
• Use of disabled parking areas.

A management plan or owners’ assembly decision may regulate parking, but such rules must comply with mandatory law and the legal status of the area.

Mediation may result in:

• Numbered allocations;
• Rotational use;
• Visitor rules;
• Access card arrangements;
• Restrictions on oversized vehicles;
• Installation and cost sharing for charging facilities;
• Penalties or procedures for repeated violations.

A practical parking arrangement may be more effective than a general court decision that fails to address daily implementation.

Unauthorised Alterations to Independent Units

An owner may carry out changes inside or outside an independent unit that affect common areas, the structure or the external appearance of the building.

Disputes may involve:

• Closing a balcony;
• Changing windows;
• Installing an air-conditioning unit;
• Altering the façade;
• Removing structural walls;
• Creating an additional room;
• Extending into a common corridor;
• Installing signage;
• Altering plumbing or ventilation.

The legal assessment may require:

• Approved architectural project;
• Municipal permits;
• Technical expert opinion;
• Management plan;
• Owners’ consent;
• Structural safety review.

Mediation may provide for:

• Removal of the alteration;
• Restoration within a defined period;
• Obtaining legal permits;
• Technical reinforcement;
• Cost sharing;
• Compensation;
• Approval subject to conditions.

The settlement should not require implementation of a change that remains illegal under zoning or construction legislation.

Roof and Terrace Disputes

Roof and terrace disputes may involve both ownership and maintenance responsibilities.

Questions may include:

• Whether the terrace is common or allocated to one unit;
• Who must repair water leakage;
• Whether exclusive use creates payment responsibility;
• Whether an enclosure is lawful;
• Who pays for roof insulation;
• Whether solar panels may be installed;
• Whether other owners have access.

The legal status should be examined through the title deed, project and management plan.

A settlement may regulate:

• Repair works;
• Contractor selection;
• Cost allocation;
• Access rights;
• Removal of structures;
• Future maintenance;
• Compensation for interior damage.

Where water leakage causes damage to lower units, the settlement should distinguish between repair of the source and compensation for existing damage.

Elevator Disputes

Elevator disputes may concern:

• Installation of a new elevator;
• Maintenance costs;
• Modernisation;
• Safety compliance;
• Use by ground-floor owners;
• Repeated breakdowns;
• Access restrictions;
• Noise or vibration.

An owner may object to paying on the ground that the elevator is not used. Management may rely on the ownership share system, management plan or the nature of the expense.

Mediation allows the parties to discuss:

• Legal liability;
• Technical necessity;
• Payment plans;
• Allocation of extraordinary repair costs;
• Selection of service provider;
• Future maintenance standards.

Noise Disputes

Noise is one of the most common neighbourhood and condominium complaints.

Noise may arise from:

• Loud music;
• Parties;
• Children;
• Pets;
• Machinery;
• Restaurants;
• Gyms;
• Workshops;
• Air-conditioning systems;
• Construction;
• Short-term rentals;
• Repeated movement during night hours.

Not every sound constitutes unlawful interference. The evaluation may depend on:

• Intensity;
• Duration;
• Frequency;
• Time of day;
• Location;
• Nature of the neighbourhood;
• Ordinary tolerance;
• Effect on health or use of property.

Evidence may include:

• Audio recordings obtained lawfully;
• Witnesses;
• Municipal measurements;
• Police reports;
• Building management complaints;
• Expert reports;
• Written correspondence.

Mediation may establish:

• Quiet hours;
• Sound insulation;
• Relocation of equipment;
• Restrictions on commercial activities;
• Written warning procedures;
• Payment of insulation costs;
• Compensation for proven damage.

Smoke, Odour and Air Pollution

Neighbouring use may produce smoke, cooking odours, chemical smells, dust or other emissions.

Examples include:

• Restaurant ventilation;
• Barbecue smoke;
• Workshop fumes;
• Industrial activity;
• Waste storage;
• Chimney problems;
• Agricultural burning;
• Tobacco smoke entering another unit.

The legal assessment may require technical examination and public-law permits.

Mediation may provide for:

• Installation of filtration;
• Relocation of exhaust systems;
• Limitation of operating hours;
• Improved chimney height;
• Waste management;
• Inspection by an expert;
• Temporary suspension until correction.

The settlement should not attempt to authorise an activity that violates environmental, municipal or licensing rules.

Water Leakage and Drainage Disputes

Water leakage may arise from:

• Bathrooms;
• Kitchens;
• Roofs;
• Terraces;
• Common pipes;
• Heating systems;
• External walls;
• Drainage;
• Neighbouring land.

Disputes often concern the source of the leakage and responsibility for repairs.

An owner may blame the upstairs unit. The upstairs owner may argue that the leak originates from a common pipe. Building management may claim that the defect is within the independent unit.

Technical investigation is therefore often necessary.

The parties may jointly appoint:

• Plumber;
• Engineer;
• Architect;
• Building expert;
• Leak-detection company.

A settlement should address:

• Identification of the source;
• Repair deadline;
• Contractor;
• Cost allocation;
• Access to units;
• Restoration of damaged areas;
• Compensation;
• Warranty for repairs.

Tree Branches and Roots

Neighbourhood disputes may arise where trees extend over a property boundary or roots damage walls, pipes, paving or foundations.

The affected owner may request pruning, removal or compensation.

The other owner may argue that:

• The tree is protected;
• Removal is unnecessary;
• The damage is not proven;
• Pruning would kill the tree;
• Municipal approval is required.

Mediation may involve an agricultural or landscape expert.

The settlement may provide for:

• Professional pruning;
• Periodic maintenance;
• Root barrier installation;
• Repair of damage;
• Replacement planting;
• Cost sharing.

Environmental and municipal restrictions should be checked before removal.

Boundary and Encroachment Disputes

Boundary disputes arise where one property owner alleges that a wall, fence, building, road or landscaping crosses the cadastral boundary.

These disputes may require:

• Title deed records;
• Cadastral maps;
• Survey measurements;
• Municipal plans;
• Expert examination.

Mediation may be suitable where the parties can agree on:

• Removal of the encroachment;
• Relocation of a fence;
• Compensation;
• Sale of a narrow strip of land;
• Creation of an easement;
• Joint surveying.

Where the settlement requires transfer of ownership or creation of a limited real right, additional formalities and an enforceability annotation may be required.

Rights of Passage

A property may lack sufficient access to a public road. The owner may seek a right of passage over neighbouring land.

Disputes may concern:

• Route;
• Width;
• Type of use;
• Vehicle access;
• Compensation;
• Maintenance;
• Gates and security;
• Agricultural or commercial use.

Mediation may create a more practical solution than litigation because the parties can design a route adapted to actual land use.

The settlement should specify:

• Cadastral properties;
• Exact route;
• Width;
• User rights;
• Compensation;
• Maintenance;
• Registration;
• Duration.

Because a right of passage is a limited real right when formally established, the settlement must comply with land registry and enforceability requirements.

Commercial Activities in Residential Buildings

A residential unit may be used as:

• Office;
• Clinic;
• Beauty salon;
• Short-term rental;
• Restaurant;
• Workshop;
• Training centre;
• Storage facility.

Other owners may object because of:

• Noise;
• Increased visitors;
• Security concerns;
• Odour;
• Damage to common areas;
• Use contrary to the management plan;
• Licensing issues.

Mediation may result in:

• Restricted operating hours;
• Visitor procedures;
• Sound insulation;
• Additional cleaning contribution;
• Termination of prohibited use;
• Time allowed to relocate;
• Compliance with licensing conditions.

A settlement cannot validate a business activity prohibited by mandatory legislation or the legally binding status of the building.

Pets in Condominium Buildings

Pet disputes may involve:

• Noise;
• Odour;
• Damage;
• Safety;
• Use of common areas;
• Management plan restrictions;
• Feeding of stray animals.

The legal assessment depends on the facts, management plan and nature of the interference.

Mediation may establish:

• Leash requirements;
• Cleaning obligations;
• Restrictions on common-area use;
• Noise-control measures;
• Repair of damage;
• Designated feeding areas.

A balanced settlement should protect both lawful animal ownership and the rights of other residents.

Short-Term Rentals

Short-term rental activity may create condominium disputes concerning:

• Frequent guests;
• Security;
• Noise;
• Use of common facilities;
• Management plan restrictions;
• Licensing;
• Additional expenses;
• Damage.

The parties should distinguish between private property rights and mandatory regulatory requirements.

Mediation may regulate:

• Guest registration;
• Access control;
• Quiet hours;
• Use of common areas;
• Additional costs;
• Compliance documents;
• Termination of unlawful activity.

How to Apply for Mandatory Mediation

The application is generally submitted to the mediation office at the courthouse within the jurisdiction of the competent court.

Where no separate mediation office exists, the designated court registry carries out the relevant functions.

The application should include:

• Full identification of the parties;
• Addresses and contact details;
• Title deed or unit information;
• Building address;
• Nature of the dispute;
• Relevant management decisions;
• Amount claimed, if any;
• Requested remedy;
• Supporting documents.

In condominium disputes, the applicant should correctly identify whether the opposing party is:

• A unit owner;
• Tenant;
• Building manager;
• Management board;
• Another rights holder.

In neighbourhood disputes, current title deed ownership and actual use should be verified.

Necessary Documents

Relevant documents may include:

• Title deed records;
• Management plan;
• Owners’ assembly minutes;
• Expense lists;
• Bank statements;
• Invoices;
• Architectural project;
• Municipal documents;
• Photographs;
• Videos;
• Expert reports;
• Repair invoices;
• Noise measurements;
• Police or municipal records;
• Correspondence;
• Lease agreements;
• Insurance documents.

Mediation is not a formal evidentiary hearing, but documents strongly influence the parties’ negotiation positions.

Appointment of the Mediator

The mediation office appoints a registered mediator unless the parties jointly select a registered mediator in accordance with the applicable procedure.

The mediator contacts the parties and organises the meeting.

Meetings may be conducted:

• In person;
• Online;
• Through video conference;
• Jointly;
• In separate private sessions.

A lawyer may represent a party where the power of attorney contains sufficient mediation and settlement authority.

Technical Experts in Mediation

Condominium and neighbourhood disputes frequently involve technical questions.

The parties may need assistance from:

• Architect;
• Civil engineer;
• Mechanical engineer;
• Surveyor;
• Accountant;
• Property appraiser;
• Acoustic expert;
• Plumber;
• Landscape specialist.

The mediator does not replace these experts.

The parties may jointly agree to obtain a neutral technical report before continuing settlement negotiations.

The agreement concerning the expert should specify:

• Scope of examination;
• Documents;
• Access rights;
• Fee;
• Whether the opinion is binding;
• Deadline;
• Confidentiality.

Duration of the Process

Mandatory mediation is intended to be completed within the statutory period prescribed by Law No. 6325. The process may end with full agreement, partial agreement, non-agreement, non-attendance or inability to contact a party.

The mediator prepares a final report recording the outcome.

Where no settlement is reached, the claimant may file the appropriate lawsuit after receiving the report.

Confidentiality

Condominium and neighbourhood mediation is confidential.

Confidential information may include:

• Settlement proposals;
• Financial difficulties;
• Personal complaints;
• Internal management documents;
• Proposed payments;
• Admissions made for negotiation;
• Draft settlement terms.

The parties should not publicly disclose mediation discussions or use settlement proposals as a tool in the ongoing building conflict.

Pre-existing evidence does not become unusable merely because it was presented during mediation.

Settlement Agreements

A settlement should be detailed enough to prevent future disagreement.

It should identify:

• Parties;
• Property or independent unit;
• Nature of the dispute;
• Financial obligations;
• Repair obligations;
• Deadlines;
• Access rights;
• Technical standards;
• Cost allocation;
• Default consequences;
• Scope of release;
• Enforcement procedure.

Payment Agreements

Where common expenses or compensation will be paid, the agreement should state:

• Principal amount;
• Interest;
• Instalments;
• Due dates;
• Bank account;
• Default interest;
• Acceleration;
• Enforcement costs.

Repair Agreements

A repair agreement should identify:

• Defect;
• Responsible party;
• Contractor;
• Technical standard;
• Start and completion dates;
• Access;
• Cost;
• Inspection;
• Warranty;
• Consequences of failure.

Use Agreements

Where shared use is regulated, the agreement should specify:

• Area;
• Permitted use;
• Times;
• Access;
• Maintenance;
• Duration;
• Review procedure;
• Breach consequences.

Enforceability of the Settlement

A valid mediation settlement is binding.

Depending on the signature structure and subject matter, the agreement may qualify as a judgment-equivalent enforceable document or may require an enforceability annotation.

Where the settlement concerns transfer of ownership or establishment of a limited real right, special court and land registry procedures apply.

An agreement must be sufficiently clear for enforcement.

For example, “the owner will reduce noise” may be difficult to enforce unless the required measures are defined. A better agreement may identify insulation work, permitted operating hours or relocation of equipment.

What Happens If No Agreement Is Reached?

If mediation fails, the mediator prepares a final non-agreement report.

The claimant may then bring the appropriate action before the competent court.

Possible claims include:

• Collection of common expenses;
• Annulment of management decisions;
• Removal of unauthorised alterations;
• Prevention of interference;
• Compensation;
• Repair;
• Access;
• Establishment of a right of passage;
• Enforcement of condominium obligations.

The competent court and legal remedy depend on the nature of the dispute.

Advantages of Mediation

Preservation of Ongoing Relations

The parties usually remain neighbours or co-residents.

Practical Solutions

Mediation may regulate future conduct, not only past liability.

Faster Resolution

Technical and procedural court disputes may take considerable time.

Confidentiality

Personal and financial information remains private.

Lower Costs

The parties may reduce court, expert and lawyer expenses.

Flexible Arrangements

The parties may create schedules, technical standards and review mechanisms.

Comprehensive Settlement

Several connected problems may be resolved in one agreement.

Risks of Mediation

Vague Obligations

General promises may be impossible to enforce.

Lack of Technical Review

A proposed repair may not solve the defect.

Invalid Property Arrangements

A settlement may conflict with the project, management plan or land registry.

Unauthorised Representation

The manager or representative may lack authority.

Excessively Broad Release

Future damage claims may be waived unintentionally.

Failure to Address Recurrence

The agreement may solve only the immediate incident.

Non-Compliance With Public Law

Private agreement cannot legalise unauthorised construction or prohibited use.

The Role of a Turkish Condominium and Neighbourhood Lawyer

A Turkish lawyer may assist by:

• Determining whether mediation is mandatory;
• Identifying the competent mediation office;
• Reviewing the management plan;
• Examining title deed records;
• Analysing assembly decisions;
• Calculating common expenses;
• Collecting technical evidence;
• Coordinating experts;
• Negotiating repair or use arrangements;
• Drafting enforceable obligations;
• Protecting statutory deadlines;
• Filing litigation if mediation fails.

Legal assistance is particularly important where the dispute involves structural alterations, high-value repairs, title rights, commercial activity or several unit owners.

Frequently Asked Questions

Is mediation mandatory before filing a condominium lawsuit in Turkey?

Yes. Disputes arising from the Condominium Law are generally subject to mediation as a condition of action under Article 18/B of Law No. 6325.

Is mediation mandatory in neighbour disputes?

Yes. Disputes arising from neighbourhood rights are included within Article 18/B.

Must the parties settle?

No. Only completion of the process is mandatory.

Can management collect unpaid common expenses through mediation?

Yes. Payment, interest and instalment arrangements may be negotiated.

Can unauthorised alterations be resolved through mediation?

Yes, provided that the settlement complies with zoning, construction and condominium legislation.

Can a tenant participate?

Yes. A tenant may be a party where the dispute concerns the tenant’s use, obligations or conduct.

Can experts participate?

Yes. The parties may obtain technical assistance or jointly appoint an expert.

Can mediation be conducted online?

Yes, where effective and confidential participation is possible.

Is the settlement enforceable?

A properly drafted and signed agreement may become enforceable under Law No. 6325.

What happens if mediation fails?

The claimant may file the appropriate lawsuit after obtaining the final report.

Conclusion

Mediation in condominium and neighbourhood disputes in Turkey is now a mandatory preliminary stage for many property-related lawsuits.

Since 1 September 2023, disputes arising from the Condominium Law and neighbourhood rights must generally be submitted to mediation before litigation.

The mandatory requirement covers a broad range of disputes, including:

• Common expenses;
• Management decisions;
• Shared areas;
• Parking;
• Unauthorised alterations;
• Roof and terrace use;
• Water leakage;
• Noise;
• Smoke and odour;
• Trees and roots;
• Boundary interference;
• Rights of passage;
• Commercial activities;
• Neighbouring construction.

The legal obligation concerns the mediation process, not settlement. Each party remains free to reject proposals and proceed to court.

Nevertheless, mediation is especially valuable in these disputes because the parties usually continue living or operating businesses near one another. A negotiated solution may regulate both past financial claims and future behaviour.

A successful settlement should be specific. It should define:

• Payments;
• Repair work;
• Technical standards;
• Use rights;
• Deadlines;
• Access;
• Cost allocation;
• Default consequences;
• Enforcement.

Private settlement cannot legalise an activity that violates mandatory construction, zoning, environmental or property law.

For this reason, title deed records, management plans, architectural projects, technical reports and municipal requirements should be reviewed before an agreement is signed.

An experienced Turkish condominium and neighbourhood dispute lawyer can determine the correct legal route, preserve deadlines, coordinate technical evidence and prepare a settlement that is both practical and enforceable.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish condominium, property, neighbourhood and mediation legislation may change. Each dispute should be evaluated according to its facts, building documents, title records and the legislation in force on the relevant date.