A frequently raised demand in buildings heated by central systems: "Let everyone install their own combi and pay for what they use." Is this possible? What happens if one neighbor doesn\'t want it? The Turkish Condominium Law is clear on this topic, but sets a rule that changes according to the size of the building. In this guide, we explain the legal conditions for the transition from central to individual heating.
Is the Transition Possible?
Yes, it is possible. However, a proper decision by the board of unit owners is required. The legal basis is the fourth paragraph of Article 42 of the Turkish Condominium Law. This paragraph regulates the conversion of the heating system from central to individual (personal), or vice versa.
How Many Votes Are Required? The Critical 2000 m² Rule
The number of votes required is divided into two according to the total construction area of the building:
Buildings with a total construction area BELOW 2000 m²:
The transition from central to individual system may be made by a decision to be taken by the number and land-share majority of the unit owners. That is, a majority of more than half is sufficient.
Buildings with a total construction area of 2000 m² AND ABOVE:
For the transition from central heating to individual system, unanimity of the unit owners in number and land share is required. That is, all unit owners must accept.
This distinction is very important. In large buildings, if even one owner opposes, the transition cannot be made. For example, in a 30-unit building exceeding 2000 m², even if 29 owners want the transition, if one owner says "let it stay central," the switch to individual system cannot be made. The lawmaker has deliberately made the transition difficult in large buildings on the grounds of energy efficiency.
Important Nuance: Not "Attendees\'" but "All Owners\'" Majority
A common mistake: The majority is calculated not based on the meeting attendees but on all unit owners in the building. That is, in a 20-unit building, even if 11 people attend the meeting and all say "yes," if these 11 people do not represent the number and land-share majority of the building, the decision is not valid.
Reverse Transition (Individual → Central)
The transition from individual to central system is regulated by the same article, and for a transition in this direction, the number and land-share majority is sufficient (unanimity is not required). In addition, in new buildings, if the total usable area based on the building permit is 2000 m² or more, installing a central heating system is mandatory.
How Are Transition Expenses Shared?
Unit owners contribute to the expenses of common works to be done for thermal insulation, fuel conversion, or heating system change in proportion to their land share. This is a legal arrangement; without unanimity, a different sharing such as "let everyone pay equally" cannot be decided.
Is the tenant obligated to contribute to this expense? Since a system change is a structural investment, the primary burden rests with the unit owner. If the tenant is required to pay, under Article 22 of the Turkish Condominium Law, this amount may be deducted from the rent to be paid.
Summary
The transition from central to individual combi is possible in buildings below 2000 m² with a number and land-share majority, and in buildings 2000 m² and above with unanimity. The majority is calculated not on the attendees but on all owners. Transition expenses are shared in proportion to land share.
Taking such important decisions in accordance with proper procedure, recording them correctly in the decision book, and calculating vote ratios correctly are critical. Apt Yönet records this process by keeping meeting decisions, vote quorums, and unit owner/land-share information on a single panel.
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Frequently Asked Questions
How many votes are required to switch from central heating to combi?
Number and land-share majority in buildings below 2000 m²; unanimity of all owners in buildings 2000 m² and above.
Can the switch to combi not be made if one neighbor opposes?
In buildings 2000 m² and above, yes, if one owner opposes, the transition cannot be made (unanimity requirement).
How is the transition expense shared?
Unit owners pay in proportion to their land share; a different sharing cannot be decided without unanimity.
How is the majority calculated?
Not on those attending the meeting, but on the number and land-share majority of all unit owners in the building.
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This content is for general informational purposes and does not constitute legal advice.
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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