If you are comparing apartments in a Turkish “site” (gated community) with stand-alone buildings, here is what matters most before you sign.
What a “site” is and how it is governed
In Turkey, a “site” is a multi-unit residential complex with shared facilities and internal governance under the Condominium Law (Kat Mülkiyeti Kanunu, Law No. 634). This law defines independent sections (bağımsız bölüm), common areas, the owners’ board (kat malikleri kurulu), the manager (yönetici), and operating rules through a binding management plan (yönetim planı). The management plan functions as a contract among all owners and sets rights and obligations on use of facilities, dues, and house rules, and it binds new buyers upon title transfer. [1] The owners’ board is the main decision-making body, while the manager or management board executes daily operations according to the plan and applicable law. [1]
Title deed type and completion status
Before purchase, check the title deed (tapu) to confirm whether it is condominium ownership (kat mülkiyeti) or construction servitude (kat irtifakı). Condominium ownership confirms that the building has been completed in accordance with the approved project and that individual sections are established as separate property units under Law No. 634. Construction servitude can be established during construction and converted to condominium ownership after completion and compliance with zoning and building rules. [1] The occupancy permit (iskan or yapı kullanma izni) is issued under the Zoning Law (İmar Kanunu, Law No. 3194) after municipal authorities verify completion in line with the approved project, and it is commonly required to convert construction servitude to condominium ownership. [2] Buyers should review both the tapu and the presence of an occupancy permit for risk assessment and mortgage or utility procedures. [2]
Dues, reserves, and how costs are shared
Monthly dues (aidat) and other common expenses are a legal obligation. Article 20 of Law No. 634 requires each owner to participate in common expenses and advance payments, generally in proportion to their land share (arsa payı), unless otherwise set by binding rules or decisions taken under the law. [1] Unpaid dues may lead to legal collection proceedings initiated by the management on behalf of the condominium, and interest or penalties can apply according to applicable legislation and the management plan. [1] The management plan or owners’ board may also create reserve funds for major repairs and capital expenditures, provided decisions comply with the Condominium Law and recorded governance procedures. [1] Buyers should request the current dues schedule, last two years’ financial statements, and any special assessments for upcoming repairs before commitment.
Facilities and compliance: pools, gyms, and security
If the site has a shared or “public” swimming pool, it must comply with hygiene and safety standards under the Regulation on the Health Principles and Conditions Applicable to Swimming Pools, which sets water quality parameters, operation logs, and supervision duties for pool operators. [4] Security services, if provided by hired guards, must comply with the Law on Private Security Services (Law No. 5188), including licensing of security companies and personnel by the authorities. [8] These compliance layers affect operating costs and legal responsibilities, so buyers should verify whether the operator holds the required permits and adheres to inspection regimes set by the relevant ministries or governorates. [4][8]
Rentals, especially short-term stays
Short-term residential rentals now require a permit under Law No. 7464, which introduced a licensing regime for renting residences on a short-term basis. The law authorizes the Ministry of Culture and Tourism to oversee permits and compliance, sets administrative penalties for unlicensed activity, and ties eligibility to the building’s governance framework. [6] In practice, the management plan and owners’ board decisions can restrict or condition short-term rentals within the site, and an owner who intends to operate short-term stays must ensure both legal permits and site-level approvals exist before advertising. [6] Long-term leases remain governed by the Turkish Code of Obligations, but site rules on nuisances, visitor registration, and common area use continue to apply alongside lease law. [1][6]
Data protection and CCTV in common areas
Many sites use CCTV for entrances, parking lots, and circulation areas. The Personal Data Protection Law (Law No. 6698, KVKK) and the Data Protection Authority’s guideline on closed-circuit camera systems require that video recording be necessary, proportionate, and accompanied by clear signage, retention limits, and access controls. [5] Management must process personal data lawfully and implement security measures, including policies on who may view recordings and how long data is retained. [5] Buyers should ask the manager for the CCTV policy and data protection notices, as non-compliance can lead to administrative fines and disputes among residents. [5]
Earthquake safety, building code, and insurance
Newer buildings must comply with the Turkish Building Earthquake Regulation (Türkiye Bina Deprem Yönetmeliği), which entered into force via the Official Gazette in 2018 and sets design and performance standards for structural safety. [9] Although compliance is verified at permitting and completion stages by licensed professionals and municipalities, buyers should request project documentation, completion certificates, and any post-completion assessments if available. [2][9] Compulsory Earthquake Insurance (DASK) is mandatory for residential properties to connect certain utilities and for a range of official transactions, and it provides coverage for direct physical damage from earthquakes within policy limits. [3] While DASK is not a substitute for broader home insurance, it is a legal requirement and a practical risk management step in site communities. [3]
How decisions are made and what to check before you buy
Decisions in a site are taken by the owners’ board according to the Condominium Law’s quorum and voting rules, with elevated thresholds for significant alterations to common areas and for certain capital decisions. [1] The management plan explains voting procedures, the scope of the manager’s authority, restrictions on uses, pet rules, noise limitations, and the allocation and use of parking or storage areas. [1] Before purchase, review the management plan filed with the land registry, the most recent meeting minutes, and any registered amendments, because these documents define what you can do with your property and the obligations you accept. [1] Confirm whether your intended use aligns with the plan, including any home business activity, furnished rentals, or installation of fixtures that affect common areas, and verify whether the site has open litigation or municipal notices pending. [1][2]
Summary
Sites offer shared amenities, structured management, and binding rules that affect both day-to-day living and financial obligations. The controlling documents are the Condominium Law and the site’s management plan filed at the land registry, while municipal completion status, earthquake regulation compliance, compulsory insurance, and specific activity permits shape what is legally possible. Buyers should examine the title deed type, occupancy permit, dues and financial records, facility compliance, data protection practices, and rental policies before closing. For financial planning and tax questions related to ownership and renting, consult a licensed professional for advice tailored to your situation.
Related Questions:
– Q21 (What is the difference between kat irtifakı and kat mülkiyeti on a Turkish title deed?)
– Q24 (How do monthly dues (aidat) work under Turkey’s Condominium Law?)
– Q29 (Are short-term rentals legal in Turkey and what permits are required?)
– Q33 (What documents should I check before buying in a new-build project?)
References:
[1] Republic of Türkiye. “Kat Mülkiyeti Kanunu (Condominium Law No. 634).” https://www.mevzuat.gov.tr/MevzuatMetin/1.3.634.pdf
[2] Republic of Türkiye. “İmar Kanunu (Zoning Law No. 3194).” https://www.mevzuat.gov.tr/MevzuatMetin/1.5.3194.pdf
[3] Turkish Catastrophe Insurance Pool (DASK). “Compulsory Earthquake Insurance.” https://www.dask.gov.tr/en/compulsory-earthquake-insurance
[4] Republic of Türkiye. “Yüzme Havuzlarının Tabi Olacağı Sağlık Esasları ve Şartları Hakkında Yönetmelik (Regulation on Health Principles for Swimming Pools).” https://www.resmigazete.gov.tr/eskiler/2011/03/20110306-5.htm
[5] Personal Data Protection Authority (KVKK). “Kapalı Devre Kamera Sistemi (CCTV) Kullanımına İlişkin Rehber (Guidelines on the Use of Closed-Circuit Camera Systems).” https://kvkk.gov.tr/Icerik/3780/Kapali-Devre-Kamera-Sistemi-Kullanimina-Iliskin-Rehber
[6] Republic of Türkiye. “Konutların Turizm Amaçlı Kiralanmasına İlişkin Kanun (Law No. 7464 on Short-Term Rental of Residences).” https://www.resmigazete.gov.tr/eskiler/2023/11/20231102-1.htm
[8] Republic of Türkiye. “Özel Güvenlik Hizmetlerine Dair Kanun (Law No. 5188 on Private Security Services).” https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5188.pdf
[9] Republic of Türkiye. “Türkiye Bina Deprem Yönetmeliği (Turkish Building Earthquake Regulation, 2018).” https://www.resmigazete.gov.tr/eskiler/2018/03/20180318M1-2.htm
Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or investment advice. Property law and tax rules in Turkey change frequently. Consult a licensed Turkish lawyer, accountant, or real estate professional before making any purchasing decision.