Turkey Property Pitfalls

The Highway May Pass Through Your Apartment Site


You bought a house from a luxury site, but you never reviewed the Land Registry, the status plan, the project and the management plan (FC). However, there may be public abandoned areas on the site. A highway can pass through the middle of your site one day. The value of your apartment can be reduced by half in one day. So pay attention to YPS, which is the main (Basic) Law of sites. Your IP should be specific to your site and prepared by expert lawyers.

Every settlement surrounded by walls and security placed on its door may not be a site (collective structure) in the legal sense. Social facilities within the Site may not belong to you. Not every area that appears within the boundaries of your site may also belong to your site. Public abandoned areas/roads can also be found where the public can easily walk. In Istanbul, there are such sites that pass through the middle of the State Road.


It regulates all the rules related to the management of the site, let alone the review, YPS that we do not see or even know exist, the management style of the site, the purpose and format of using common places and facilities, and the management of the site.

Board of directors-it is a contract that binds FC floor owners and other site residents who regulate all issues related to site management, from the election of the Supervisory Board, common expenses, participation rate, delay compensation, interest rate, use of common space places and facilities.

In one sentence, YPS are the main (Basic) Law of apartments and sites. In disputes that may arise between residents of the site, the court that you knock on the door first looks at your FC. It is important that YPS should not be printed YP sold in stationery stores. It should not be downloaded from the internet. It should be prepared site-specific. It is a fact of today that complex structures with shopping centers, detached villas, blocks, even schools, stat, hospitals are trying to be managed together under the name of the site. It is clear how important it is to prepare FC specific/specific to that site, which is the main (Basic) Law of a large site consisting of such complex structures. This, in turn, shows that YPS should be prepared for expert lawyers in a site-specific way. What landlords, tenants, management firm owners/employees, site managers and auditors should know, are as follows;


When buying a house worth a fortune from a luxury site, watch out. Look at the land registry, status plan, project, FC. Check if there is a public abandoned place in your site. A highway can pass through the middle of your site, when the highway passes, your site can be divided into two or three. The pool, parking, social facilities of the site can remain across the road. In one day, the value of your apartment can drop by half.


Look at the dues arrangement. You may have to pay dues above the rental value of your home. The more (outdoor-indoor pool, sports fields, hammam-sauna, waterfall, pond, social facilities) on the site, the more expenses increase. Even the excess of the entrance-exit door of the site (as it will increase the number of staff) increases the expense.

Look at the number, nature and whether they are compatible with you. 200 of the 300 apartments could belong to one person. Since the manager is appointed with the majority of the number and share of the land of the floor owners, people you never want can manage you. You can't have a say and a decision in management.

A temporary administration may be established in order to assume the duties of this board, to exercise its powers and to make the necessary initiatives and calls for the formation of the board until the collective structure of the board of Representatives is formed in the YP.

People who have nothing to do with your site (employees of the producer company or appointed by them) can manage you for years.


Land share is determined according to the location, purpose of use, floor, size of each independent section. The size of the independent section is not the only measure of plot share. For example, a 60-70 M2 shop on Istanbul's Baghdad Street can be more expensive than a 200-250 square meter apartment on the upper floors of the building. Therefore, the share of land should also be higher. So examine your share of the land. If your share of the land is not suitable for the actual situation, file a claim for correction of the share of the land without delay. Land share is important when using common areas (e.g. parking), important when making decisions at the General Assembly. It is also very important in terms of urban transformation application. After it becomes clear that your building is a risky structure, 2/3 of its owners (in terms of land share) can decide “let's sell this place as a plot”. If your share of the land is lower than it should be, you get less money. An estate whose independent part is much more worthless than yours can receive much more money than your share of the land in the deed, as its share seems higher.

A land share correction case can be filed at any time. It cannot be opened by showing the manager as a defendant. You have to show all the floor owners as defendants. Because the decisions that will be made at the end of the case concern the property rights of all owners. If the case is justified, the shares of the land will change. In determining the share of land of independent departments in the case you will open (when calculating the share of land that must be experts), they cannot take into account the subsequent increase and decrease in value in independent departments. They have to measure the initial values when the floor alliance/property is established.


The executive may collect additional dues (joint expense advance) before the apartment board and the General Assembly of the site meet. For example, if the sewer system on the site is blocked or the roof is blown from the storm, the administrator immediately performs such urgent and mandatory maintenance and repair work. If there is no money on the site for this unexpected expense, or if he has to spend the money he has collected for other work/payments, the administrator may request additional dues. The amount requested from us under the name of dues with the business project is actually an advance. It is taken against expenses that are estimated to occur during the period. At the end of the period, the final account should be made by looking at the realized expenses.


It is virtually impossible to hold a General Assembly in accordance with social distance rules and curfews on crowded sites. If you are under 300 people, you can hold a general meeting. 301 people and sites with maliki on them can not call the General Assembly, you should not do so because so many people do not come. For example, you called 500 people. Is your meeting room (500 people x 8 square meters =) an area of 4 thousand square meters? In any case, you invited 500 people to the General Assembly, thinking that even 300 people would not come. 400 people came that day. The police on duty did not take the 300 people into the Hall. Those who are not admitted win 100 percent in the case of annulment of the General Assembly and the decisions taken. Because you can't take away the rights of owners to choose, elect and control. If there are those in the + 65/-20 age range among the owners when calling the General Assembly, you should do so on days and times when both groups do not have a curfew. Given that managers will be responsible if some get sick because social distance and hygiene conditions cannot be achieved, it would be more correct not to hold a general meeting. But a general meeting can be held in the garden or in a suitable place in an apartment with 8-10 apartments.