Apartments, apartment complexes, collective buildings that emerged with the increase in the city population are settlements where certain rules must be followed by flat owners, tenants, or other users. For people living in apartments, apartment complexes, or collective buildings, obligations such as management principles, debts, and rights of flat owners and residents of collective buildings, rules to be followed in common areas, and participation in expenses have been determined in detail in the Condominium Ownership Law No. 634.
Condominium ownership is a private property right linked to the ownership share and the common areas in the main real estate.
Since the condominium is a technical issue due to its structure; It is specially regulated in the Property Ownership Law No. 634 by the legislator. Due to the unique characteristics of Condominium Ownership, Law No. 634 states that the only court in charge in cases of condominium ownership is the Civil Court of Peace.
A construction servitude can be established on a building that is under construction or to is built in the future, based on condominium ownership.
A condominium is a private and self-contained property that is linked to the land and common areas in the main real estate. Condominium ownership and construction servitude are registered in the condominium registry, which is kept in accordance with the Title Deeds Registry Regulation. In this context, the flat owner and the owner of the construction servitude will be able to benefit from all the rights based on the property right granted to the owner in the Turkish Civil Code, as well as many rights on the independent and common places, in accordance with the special provisions of the Condominium Ownership Law.
While the owners and residents of the flats have many rights as per the relevant law; Naturally, it also comes under a lot of debt. Flat owners and floor residents must comply with obligations such as complying with the rules of goodwill, not engaging in activities that disturb other owners and residents, and complying with the management plan, while using both their detached sections and common places and annexes.
With the Condominium Law, a special obligation has been brought to the flat owners such as to participate in the general expenses. Porter or heater fees; the fees paid for the maintenance, repair, and protection of common areas can be shown as examples of general expenses. Tenants and persons with the right of residence are also responsible for these expenses, limited to the amount of rent.
According to Article 1 of the Condominium Law; It is stated that “independent property rights can be established on the parts of a completed building such as floors, flats, business offices, shops, stores, cellars, warehouses that are suitable for separate use and on their own”.
According to the law; a condominium is a property on the independent section. In this sense, an exception has been made to the principle of certainty, which is one of the basic principles of property law.
As stated in Article 3 of the Condominium Law, condominium ownership is a private property right linked to the ownership share and the common places in the main immovable.
According to the principles of common ownership, the share allocated in the land in proportion to the values of the independent section and the common ownership share on the common areas subject to the shared ownership of all floor owners is inseparably linked to the ownership on the independent section.
The owner of the property right on the independent section also owns the ownership share and the common ownership share on the common areas. Although only the independent section is the subject of legal savings, the share of the land that cannot be separated from it and the share of shared ownership on the common places follow it.
– Independent sections
– Additions
– Rights on land and common places
Enters the scope of the condominium.
Independent section: Each of the parts of a completed and all masonry building, which are subject to private property such as the floor, flat, business office, shop, store, cellar, warehouse, which are suitable for use separately and on their own, are called independent sections.
In order to be able to talk about the independent section in the sense specified in the Condominium Law;
– The build must be complete.
Even if a part of a building that is still under construction, for example, some apartments or shops, is finished, independent sections would not be formed. The completion of the building is documented by the occupancy permit obtained from the municipality.
– The entire structure must be masonry.
Condominium ownership cannot be established in buildings that are not all masonry. This is due to the partial deterioration in wooden buildings and the more frequent need for repairs.
The presence of a wooden house other than a masonry building on the land does not prevent the establishment of a condominium. In this case, the wooden structure is accepted as the common part of real estate.
Each independent section should be suitable for separate use and on its own.
Whether the place to be subject to the condominium is an independent section suitable for use on its own should be investigated ex officio by the land registry officers.This issue will be determined according to the purpose for which the place to be subject to the condominium will be allocated.
Extension
The places outside of an independent section and directly allocated to that section are called “extension” (m.2/a).
The concept of extension in the meaning of the Turkish Civil Code and the concept of extension in the meaning of the Condominium Law should not be confused with each other.
Ownership on the extensions is linked to the ownership on the stand-alone section. Here, there is a property attached to an item. The law gave some examples of what could be considered an extension; Places such as coal shed, water tank, garage, electricity, water and gas gauge sockets, toilets are extensions.
In Article 6 of the Condominium Law, extensions are defined as an integral part of the independent section.
Here, there is a property attached to an item. In fact, what is stated in the Law is that whoever owns the independent section, that owner will also be the owner of the extension allocated to the independent section and in terms of legal savings, the ownership on the extension will be subject to the ownership of the section to which it is attached.
What is an extension will be specified in the project approved by the municipality and will be recorded in the declarations section of the page of the condominium it is connected to. The section to which the extension is allocated should be clearly indicated in the official deed of the condominium facility.
Ownership Share and Common Places
Flat owners have common ownership of the land and common areas. Condominium Law No. 634. Article 3/I stated that condominium ownership is a private property type associated with ownership share and common places.
In order for condominium ownership to be in question, the land or the main immovable must be registered in the title deed.
Common ownership provisions are also applied on common places such as land. The places that are outside the independent parts of the main immovable and that are used for protection and for joint use or benefit are called “common places”.
Common places can be determined by contract. Common places are specified in article 4 of Law No. 634 on Condominium Ownership.
Ownership share is the common ownership share of the land allocated to independent sections.
The ownership share must be determined in proportion to its values at that date when the construction servitude is established or if it is directly owned by the floor. Differences in size, smallness, and quality do not play a role in determining the ownership share.
