What Is a Common Area? Which Places Are Common by Law?

Common areas are one of the main topics of dispute in apartment life. Questions such as "Whose is the space in front of the entrance?", "Who can use the garden?", "Can a solar panel be installed on the roof?" are often about whether an area is a common area or not. In this guide, we explain what common areas are, which areas are considered common by law, and how these places are used and how their expenses are shared, based on Condominium Ownership Law No. 634 (KMK).

What is a common area?

Common areas are the places in a building outside of independent units, serving for protection and joint use or benefit (KMK Art. 4). These areas are the joint ownership not of a single person but of all unit owners. Unit owners are owners of common areas in proportion to their land shares, according to the rules of common ownership (KMK Art. 16).

An important point: the fact that an area is common does not mean that everyone can do whatever they want there. Common areas must be used in accordance with their purpose and without harming the rights of the other owners.

Which areas are common by law?

The law lists common areas by way of example; that is, the list is not restrictive, and places of similar nature are also considered common. According to KMK Art. 4, the main places always considered common are:

• The building's foundation, main walls and load-bearing system (beams, columns, shear walls)
• Roof, courtyard, garden, main entrance
• Stairs, elevators, landings, corridors
• General coal storage, garage, terrace, laundry room and laundry drying areas
• Chimneys, skylights, water tanks, shelters
• Common sewage, water, electricity, natural gas installations and common antennas

Beyond these, other places that are necessary for joint use, protection or benefit are also within the scope of common areas.

How are common areas used?

Unit owners have the right to use common areas; however, unless otherwise agreed, the extent of this right in some places (such as coal storage, garage, terrace, laundry room) is proportional to the land share (KMK Art. 16). The basic rule in use is to comply with the principle of good faith and not to disturb one another. A unit owner cannot occupy a common area in a manner that prevents the use of others.

Who pays the expenses of common areas?

The maintenance, protection, reinforcement and repair expenses of common areas are covered by the unit owners in proportion to their land share (KMK Art. 20). A unit owner cannot escape the expense by saying "I do not use this area." For example, someone living on the ground floor, even if they do not use the elevator, is obliged to contribute to its maintenance expense because the elevator is a common area.

Can common areas be interfered with without permission?

No. Since common areas are under the joint ownership of all owners, a unit owner cannot alone make changes in the common area or occupy it. Important changes to be made in common areas require the majority sought by the law. In the event of unauthorized interference, the other unit owners may demand the restoration of the previous state or the prevention of the interference.

Summary

Common areas are the areas outside independent units that are jointly owned by all unit owners in proportion to their land shares. Places such as the roof, elevator, stairs, garden and main entrance are common by law. These areas must be used in accordance with their purpose, their expenses must be shared in proportion to the land share, and no unauthorized interference should be made.

Tracking the maintenance expenses and sharing of common areas requires a regular system. Apt Yönet automatically distributes common expenses according to land share, making management transparent and easy.

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Frequently Asked Questions

Are the roof and terrace common areas?

Yes, the roof is a common area by law. The terrace is also generally considered common; however, depending on the project, it may be allocated to a specific apartment.

Does the ground floor contribute to elevator expenses?

Yes. Since the elevator is a common area, even if they do not use it, the ground floor owner contributes to the maintenance expense in proportion to their land share.

Can a single apartment claim the common garden for itself?

No. The common garden is under the joint ownership of all owners; a single owner cannot appropriate it and enclose it alone.

Is the list of common areas exhaustive?

The list in the law is illustrative. Beyond those listed, other places that are necessary for joint use are also considered common.

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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.