What Is a Common Area? Which Places Are Considered Common?

What Is a Common Area?

There are two types of places in a building: independent units and common areas. An independent unit is a titled apartment, shop, or workplace owned by a single owner. Common areas, on the other hand, are places that all owners of the building share and that no one may claim as sole property. Every owner has a share in the common areas in proportion to their land share.

Which Places Are Considered Common?

The Turkish Condominium Law (KMK) directly designates certain places as common. The main common areas include:

• Foundations, main walls, load-bearing system, roof, and chimneys
• Entrance hall, stairs, landings, and corridors
• Elevator, heating system, water tank, and hydrophore installations
• Garden, parking lot (unless otherwise specified in the management plan), and shelter
• Manager's residence, coal cellar, and areas reserved for general service

This list is illustrative; the management plan may additionally define certain places as common areas. What matters is that these places serve everyone's benefit by their nature.

Can an Owner Use a Common Area Exclusively?

As a rule, no. No owner may allocate part of a common area for their exclusive use. For example, placing a cabinet in a stairwell, building an unauthorized structure in the common garden, or setting up a personal storage on the roof violates the rights of the other owners. Such uses require the consent of all owners or explicit permission in the management plan.

If an owner unlawfully occupies a common area, the other owners or the manager may request restoration to the original state; if necessary, the matter is taken to court.

The Concept of an Annex

Some places may be linked to an independent unit as an "annex" — for example, a coal cellar or storage belonging to a specific apartment. The annex is shown together with the independent unit in the title deed and is available only for the owner's use. It is important not to confuse an annex with a common area: an annex is private; a common area belongs to everyone.

How Are Common-Area Expenses Shared?

All owners contribute to the maintenance, repair, and operating expenses of common areas. The law provides that, unless otherwise agreed, these expenses are shared in proportion to the land share; however, many buildings adopt the equal-share method for practical reasons. Which method is used is determined by the management plan or by a board decision. An owner cannot escape the common expense obligation by saying, "I do not use this area."

Common Mistakes

• Appropriating common areas: Allocating a landing, garden, or roof for personal use is contrary to the law.
• Confusing annex and common area: Assuming a place is "mine" without checking the title deed creates disputes.
• Refusing expense sharing: Non-use is not an excuse to eliminate the obligation to share common expenses.

Related Topics

We covered unauthorized interference with common areas in our unauthorized structure article, common-area repair expenses in our common-area repair article, and the rules for using common areas in our garden and common area article.

This content is for informational purposes. The definition and use of common areas may vary depending on the management plan and title deed records; obtain legal opinion if in doubt.