What Are the Rights of a Unit Owner? (KMK Art. 15-16)

When you own an apartment in an apartment building or residential complex, you have both a set of rights and responsibilities. So, what exactly are your rights as a unit owner? What can you do in your own apartment, and how can you benefit from common areas? In this guide, we explain the rights of a unit owner based on Condominium Ownership Law No. 634 (KMK).

Who is a unit owner?

A unit owner is a person who owns an independent unit (apartment, shop, office, etc.) in a building where condominium ownership has been established. A unit owner has the rights granted by law over both their own independent unit and the common areas. These rights are at the same time limited by the rights of the other owners.

Rights over the independent unit

Unit owners, over the independent units belonging to them, have all the rights and powers granted by the Civil Code to owners, provided that the relevant provisions of the law are reserved (KMK Art. 15). This is a rather broad right and includes:

• Using, occupying or renting out the independent unit
• Selling, donating, bequeathing
• Establishing rights such as mortgage on it

However, this right is not unlimited; uses prohibited by law (for example, turning the unit into a casino) and the rules of neighbourliness limit this right.

The right to benefit from common areas

Unit owners are owners of all common areas of the main real estate in proportion to their land share, according to the rules of common ownership (KMK Art. 16). They also have the right to use the common areas. The extent of use in some places such as the coal storage, garage, terrace and laundry room is, unless otherwise agreed, proportional to the land share. That is, each owner has the right to benefit from the common areas to the extent of their share.

Equal benefit and right of preemption

Unit owners also have certain special rights. For example, if one of the co-owners of an independent unit sells their share to someone else, the other co-owners may exercise the right of preemption. On the other hand, in the event of the sale of the entirety of an independent unit, the other unit owners do not have a right of preemption.

The limit of rights: rules of neighbourliness

The rights of unit owners are balanced by the rights of the other owners. The law states that unit owners are obliged to comply with the rules of good faith, not disturb one another and not violate one another's rights when using both their independent units and the common areas. That is, when exercising your rights, you must respect the peace of your neighbours.

Do the rights also pass to the tenant?

The provisions relating to the obligations of the unit owner also apply to tenants and to holders of the right of residence in the independent unit. The tenant benefits from the owner's rights of use within the framework of the lease agreement; however, rights tied to ownership (sale, mortgage, etc.) remain with the owner.

Summary

A unit owner has broad ownership rights over their own independent unit as granted by the Civil Code, and is an owner of common areas in proportion to their land share. These rights include using, renting, selling and benefiting from common areas. However, the rights are limited by the rules of neighbourliness and legal prohibitions.

Regular tracking of the rights and obligations of unit owners is the foundation of a peaceful apartment life. Apt Yönet brings together on a single panel dues, expenses and announcements, providing transparency and order among owners.

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Frequently Asked Questions

Can a unit owner do whatever they want in their apartment?

They have broad rights but they are not unlimited. Legal prohibitions and rules of neighbourliness (not disturbing others) limit this right.

Can a unit owner use the common area alone?

They benefit from common areas in proportion to their land share, but cannot appropriate them alone in a way that prevents the use of the other owners.

Do I have priority when a neighbouring apartment is being sold?

When the entirety of an independent unit is being sold, the other owners do not have a right of preemption; the right of preemption of co-owners exists only in the sale of a share.

Does the tenant have the same rights as the unit owner?

The tenant benefits from the rights of use within the framework of the lease agreement; rights tied to ownership (sale, etc.) remain with the owner.

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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.