Petition & Template

Sample Petition for Prevention of Interference with Common Area

When an owner interferes with the common area, the right to request prevention of interference is granted. We provide a usable petition sample and the graduated legal process.

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Apt Yönet 29 May 2026 2 min 48 70

What Is Interference with the Common Area?

A unit owner's allocation of the common area (landing, garden, roof, exterior façade, car park) for their own use, closing it or making unauthorised construction is interference with the rights of the other owners over the common area. The Condominium Ownership Law (KMK) grants every owner the right to request the prevention of this interference and restoration to the original condition. The process starts first with a written notice, and if no result is obtained, is taken to court.

Graduated Process

The correct path is graduated: first a written notice (notary notice) is sent to the owner making the interference, if the interference does not end within the given period and it is not restored to the original condition, a lawsuit for prevention of interference can be filed at the Civil Court of Peace. If income is obtained through the occupation, compensation (ecrimisil / unjust benefit) for the past period can also be requested separately.

Elements of the Petition

  • Addressee (management or court) and requester information
  • Concrete definition of the interference and its location
  • Previous written warning (notary notice)
  • Request (prevention of interference, restoration to original condition)

Copyable Prevention of Interference Request Petition (To Management/Assembly — Full Text)

……………………… APARTMENT / RESIDENTIAL COMPLEX
TO THE MANAGEMENT / TO THE PRESIDENCY OF THE BOARD OF UNIT OWNERS

Subject: This is a request for the prevention of interference with the common area and its restoration to the original condition.

I am the owner of independent unit No. …… in ……………………… Apartment/Complex. The owner/resident of unit No. …… has ……………… (closed the staircase landing and made a storage room / made unauthorised construction in the common garden / changed the exterior façade without permission / occupied the common car park).

The said interference violates our rights over the common area, and there is no consent of the board of unit owners.

I respectfully request that a written notice be given to the relevant owner for the prevention of this interference and for the restoration of the common area to its original condition; if no result is obtained, that the matter be placed on the agenda of the board of unit owners and the legal process be started. …/…/20…

Name Surname: ………………   Unit No: ……   Signature: ………

Filling Guide

Write the interference and its location concretely; if possible, document it with photos and dates. If the court stage will be entered, sending a notary notice beforehand forms a strong basis. Since the court process (prevention of interference, ecrimisil) is technical, lawyer support is recommended.

After the Process

If the interference continues despite the notice, a lawsuit can be filed at the Civil Court of Peace. We covered the legal definition of the common area in our what is the common area article, the unauthorised construction topic in our unauthorised construction article, and the judicial intervention petition in our judicial intervention article.

Common Mistakes

  • Starting without proof: Document the interference with photos/dates.
  • Lawsuit without notice: A written notice first ensures the healthy progress of the process.
  • Court without a lawyer: The prevention lawsuit and ecrimisil are technical matters.

This content and template are for information purposes only, as examples. For lawsuit processes, be sure to consult a lawyer/legal advisor.

Download as PDF and Word

You can download the petition text above in two different formats. The PDF version is ready to print and submit directly; the Word (DOCX) version can be opened with Microsoft Word or LibreOffice and edited to add your own details.

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Download the petition above as PDF or Word and adapt it to your situation.

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Frequently Asked Questions

Answers to the most common questions on this topic — click a question to expand.

Enclosing a stairwell landing, building without permission in the shared garden, reserving part of the shared car park for personal use and altering the façade without consent all count as encroachment. Common areas are jointly owned by all unit owners, and prolonged use does not create a right over them.

Start with a written request, then a general assembly resolution demanding restoration. If that fails, an action for prevention of encroachment and restoration is brought before the Civil Court of Peace. It may be filed by the manager on the basis of an assembly resolution or by any individual owner.

In condominium properties, disputes over common areas are heard by the Civil Court of Peace where the property is located. This jurisdiction is mandatory. The title deed, management plan, assembly resolution and photographic evidence should be attached to the statement of claim.

Yes. Encroachment on common areas is a continuing breach, so an action can be brought as long as it persists. Years of silence do not give the occupier any ownership right. Delay may nonetheless affect how good faith is assessed in court, so acting promptly is advisable.

The cost falls on the person who caused the encroachment. If restoration is not carried out despite a court order, the work can be done through enforcement proceedings and the cost recovered from the debtor. Any loss arising in the meantime can also be claimed.
Prepared by the Apt Yönet expert team

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.

Published: Last updated: Category: Petition & Template
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