One Neighbor Complaint Could Ruin Your Balcony!
Many people who want to maximize their living space have been enclosing their balconies with glass. Glass balconies, which significantly block wind and dust, have become a popular home renovation trend in recent years. However, according to a report in Sözcü, new draft regulations prepared by the Ministry of Environment, Urbanization and Climate Change, along with precedent-setting decisions by the Supreme Court, could rain on the parade of those who have installed glass balconies. Glass balconies built without the permission of the co-owners could be dismantled upon a single complaint.
Balconies are considered as a common area for the use of all apartment owners.
According to existing legal regulations and decisions by the Supreme Court of Appeals, the exteriors and balconies of apartment buildings are considered common areas for all homeowners, rather than part of the individual units. The Condominium Law, specifically Article 19, provides clear rules on this matter. In order to carry out any construction, repair, or substantial changes in the common areas of the building, written consent must be obtained from at least four-fifths, or 80 percent, of the homeowners in terms of both number and land share.
Examine your management plan meticulously. Without permission, a single complaint could result in the dismantling of your glass balcony.
If there is no clear and explicit clause in the apartment management plan permitting the enclosure of balconies with glass, the legal process can be swiftly initiated by just one neighbor filing a lawsuit in the civil courts. In cases brought before the courts, they invariably issue a 'restoration' or demolition order for implementations that contain elements contrary to the architectural project.
Moreover, the costs of the lawsuit, court expenses, and the demolition operation are entirely charged to the owner of the apartment who carried out the unauthorized renovation. This situation paves the way for surprise expenses amounting to thousands of liras for homeowners.
To prevent complaints, it is beneficial to pay attention to three critical points. It is necessary to thoroughly examine the management plan of the apartment or site where you live, as stated in the title deed. Before starting the implementation, obtain a written permission document, signed and officially validated by at least 80% of the co-owners. Verbal approvals hold no validity in court.
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