The Parking Lot Is a Common Area
In apartments and complexes, the parking lot is, as a rule, a common area. Even if it is for their own vehicle, a unit owner mounting a fixed charging unit in the common area is not a decision they can make alone. Every owner has a share in the common area; for this reason, installations that affect the common area require a board decision. We explained the legal definition of a common area in detail in our what is a common area article.
What Majority Is Required? (2026 Update)
Previous practice: For many years, charging station installations in common areas were evaluated under Condominium Law (KMK) Art. 19; the written consent of a four-fifths (4/5) majority of unit owners was sought.
New approach after the ministry circular: According to the circular of the Ministry of Environment, Urbanization and Climate Change, EV charging units that do not involve construction activity, do not create an enclosed space, and are not subject to a permit are considered a "useful innovation" under KMK Art. 42, not Art. 19 (four-fifths majority).
Under this new approach, installation of a charging unit in a common area requires only the number-and-land-share (dual) majority of unit owners. Unless the management plan provides otherwise, infrastructure costs and usage principles are also determined by this decision. A ready-to-use petition template for the installation request is available in our EV charging installation petition.
If the Parking Space Is an Assigned Annex
If part of the parking lot is registered in the title deed as an annex (eklenti) assigned to a specific independent unit, that portion is no longer considered a common area. In such cases, a board decision may not be required for installing a charging unit on the owner's own annex parking space. Nevertheless, since electrical infrastructure, power upgrades, and fire safety still affect the use of the common area, the board's knowledge and a technical review remain important. The annex registration must appear clearly in the management plan and the title deed.
Is Individual Installation Possible?
If the technical infrastructure is suitable, a unit owner can make an installation on their own parking area through their own electricity subscription (their own meter). However, even in this case, since the installation affects the common area and the building's electrical infrastructure, the knowledge and consent of the board are important. The approach "it's my area, I can do whatever I want" is not valid in a common area. If the parking space is not an annex, a board decision is still required.
Consequences of Unauthorized Installation
An installation made without the required majority may be subject to litigation by the other owners; the court may order restoration to the original state (removal of the installation). For this reason, a proper board decision must always be obtained before installation. We covered how the board convenes and the decision quorums in our board of unit owners article.
Documenting the Decision
The installation decision taken must be entered in the decision book, and which owners consented, the number–land-share tally, the cost, and the usage principles must be clearly written. Undocumented consent creates proof problems when objections arise later. In a digital management system, recording meeting decisions and consents ensures the process proceeds on solid ground.
Common Mistakes
- Sticking to the old 4/5 practice: After the ministry circular, dual majority may be enough for units that do not involve construction activity.
- Overlooking the annex vs. common area distinction: If the parking space is an annex, the rule works differently.
- Not documenting the decision: Unwritten consent cannot be proven.
- Not clarifying cost/usage: Uncertainty about who pays what and who uses the station creates tension.
Related Topics
We covered the general framework of the installation in our EV charging installation guide, cost and pricing in our pricing article, and the regulatory dimension in our EV charging regulations article. To pass a board decision, you can use our ready-to-use petition template.
This content is for informational purposes. Charging station permits and the current ministry circulars can change and are interpreted according to the specific case; proceed with a legal counsel.
The content is prepared by the Apt Yönet team, drawing on 8 years of hands-on experience in apartment and residential-complex management, in line with current legislation and Court of Cassation rulings.
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