What Are Independent Unit and Appurtenance? Difference from Common Area

One of the most confusing subjects in apartment and residential complex life is which area belongs to whom. Questions such as "Is the storage under my apartment mine?", "Is the roof common?", "Is the parking area an independent unit?" are frequently asked. This distinction is important; because whether an area is an independent unit, an appurtenance or a common area produces different consequences in terms of use and responsibility. In this guide, we explain these three concepts based on Condominium Ownership Law No. 634 (KMK).

What is an independent unit?

An independent unit is the section of a building — such as an apartment, office, shop, store or storage — that is separately and self-sufficiently suitable for use (KMK Art. 1-2). A separate page is opened in the land registry for each independent unit, and the owner of that unit has the ownership rights recognized by the Civil Code. In other words, the independent unit is the main entity on which full ownership can be established and which can be bought and sold.

What is an appurtenance?

An appurtenance is a place that is outside the independent unit yet allocated to it. Examples of appurtenances given in the law include coal storage, water tank, garage, meter housings for electricity/gas/water and toilet (KMK Art. 2). An appurtenance is considered an integral part of the independent unit to which it belongs.

Important consequence: when the independent unit is sold, its appurtenances are automatically transferred together with it. That is, the storage allocated to an apartment changes hands together with the apartment; there is no need to sell it separately.

What is a common area?

Common areas are the places outside independent units that serve for protection and joint use or benefit (KMK Art. 4). The law lists them by way of example; the list is not restrictive. Common areas include the following:

• The foundation, main walls and load-bearing system of the building (beams, columns, shear walls)
• Courtyard, garden, main entrance, roof
• Stairs, elevators, corridors, landings
• Common sewage, water, electricity, natural gas installations and common antennas

Unit owners are owners of common areas in proportion to their land shares, according to the rules of common ownership (KMK Art. 16). That is, no one can appropriate or dispose of a common place alone.

The basic difference between the three concepts

The difference can be summarized as follows:

• Independent unit: An apartment/shop with its own title deed, subject to full ownership.
• Appurtenance: A place allocated to a specific independent unit and transferred together with it (for example, storage belonging to an apartment).
• Common area: A place jointly owned by all unit owners in proportion to their land share, which no one can appropriate alone (for example, roof, stairs).

Why is this distinction important?

This distinction lies at the root of most everyday disputes. For example, a unit owner's unauthorized interference with a common area (building on the roof, enclosing the garden, etc.) violates the rights of the other owners and may be the subject of a lawsuit. On the other hand, using the storage that is their own appurtenance is not a violation of rights. Knowing the legal status of an area allows you both to protect your rights and to avoid unnecessary disputes.

Summary

The independent unit is the main entity that has its own title deed and is subject to full ownership. The appurtenance is a place allocated to a specific independent unit and transferred together with it. The common area is an area jointly owned by all owners in proportion to their land shares. Distinguishing these three concepts is the key to correctly understanding the rights and responsibilities in apartment life.

The maintenance, expenses and decisions of common areas require regular tracking. Apt Yönet brings together on a single panel all items of management, from sharing common expenses to tracking fixed assets.

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Frequently Asked Questions

Is the storage belonging to an apartment an appurtenance or an independent unit?

It is usually an appurtenance; it is allocated to the apartment and is transferred together with it. However, if it has its own title deed, it may be an independent unit.

Whose is the roof?

The roof is a common area. All unit owners are joint owners in proportion to their land shares; no one can use it alone.

Can an appurtenance be sold separately?

An appurtenance is an integral part of the independent unit to which it belongs, and cannot be transferred separately from that unit.

Is the parking area a common area?

A common parking area is a common area. However, depending on the project, there may also be a parking area allocated to a specific apartment (an appurtenance); it is necessary to look at the title deed and the project.

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This content is intended for general information purposes and does not constitute legal advice. For your specific situation, consulting a legal expert is recommended.