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Yargıtay rules on removal of unauthorized balconies and railings
The Turkish Supreme Court of Appeals (Yargıtay) has issued a precedent ruling regarding the unauthorized installation of glass balconies and iron railings in apartment buildings and residential sites. Under the Condominium Law, balconies and building exteriors are classified as common areas rather than independent property.
To make architectural changes to these areas, property owners must obtain written consent from at least four-fifths (80%) of the building's residents, unless the management plan specifies otherwise. Installations that deviate from the approved architectural project or lack this required consent are subject to removal orders to restore the building to its original state.
Notably, the court ruled that a single neighbor can initiate a lawsuit in the Civil Court of Peace to demand the removal of such structures; a collective decision by the entire building management is not required. The ruling also specifically targets certain iron railings on ground or first floors. Railings with horizontal or convex designs that could facilitate climbing to upper floors are deemed a security risk to other residents and may be ordered for removal.
Entities
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 2 SOURCES] The transparency, lightness, or foldable nature of a glass balcony does not automatically make the installation legal. www.bursahakimiyet.com.tr · www.milligazete.com.tr
- [● 2 SOURCES] Iron railings designed horizontally or with a convex shape are considered security risks because they facilitate climbing to upper floors. www.batmanpusula.com · www.milligazete.com.tr
- [● 3 SOURCES] Under Article 19 of the Condominium Law, changes affecting architectural integrity require written consent from at least four-fifths (80%) of property owners. www.batmanpusula.com · www.bursahakimiyet.com.tr · www.milligazete.com.tr
- [● 3 SOURCES] A single property owner can initiate the legal process to restore a structure to its original state by applying to the Civil Court of Peace. www.batmanpusula.com · www.bursahakimiyet.com.tr · www.milligazete.com.tr
- [● 3 SOURCES] The Supreme Court of Appeals has issued a precedent decision regarding the removal of iron railings and glass balconies installed without the consent of property owners. www.batmanpusula.com · www.bursahakimiyet.com.tr · www.milligazete.com.tr