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My Apartment, I Don't Involve the Master! So is it legal? KMK Concession Obligation

With

the arrival of summer, home renovations, bathroom-kitchen renovations and exterior repairs have gained momentum. But it is precisely during this period that one of the phrases that we hear most often in apartments is: "This is my private property, I do not let the master into my house! “or" Water is leaking from the upper floor, but the neighbor does not open the door!

“

So, what does the Law on Condominium (KMK) say about this? Can a floor landlord really block the entrance of masters by saying “my apartment”?

is precisely at this point that one of the most critical but little-known provisions of the CCC comes into play: the Obligation of Consent (Article 23 of the CCC).

Is It

Legal to Say “You Can't Go Through My Apartment”? What is the KMK Permission Obligation?

One of the most common crises in apartment and site life is the doors that remain locked in the event of a common plumbing failure or a forced repair in a neighbor's apartment.

For example, water is dripping from the ceiling of the lower floor, and the tile of the bathroom on the upper floor must be removed to find the source. Or the crushing process in your apartment is needed to replace the common sewage pipe of the building. If the owner of the apartment says, “I can't let anyone into my house, you can't break my tiles,” the process is locked.

However, Turkish law does not allow “selfish” behavior in public life. Article 23 of the Condominium Code establishes the Concession Obligation rule precisely to solve this lockdown.

What does KMK Article 23 say?

The relevant article of the law is very clear:

“If one of the owners of a floor has to enter another independent department for the repair, maintenance or installation work that he will carry out in his independent section or annex, the owner of that section or those who live there is obliged to allow it and show the necessary ease.

“

So in summary; if you have to go into your neighbor's apartment to solve a problem in your own apartment or repair the common plumbing of the building, your neighbor has to open the door for you.

In what circumstances should permission be granted?

Joint Plumbing Repairs: If the building's column pipes, roof insulation, ventilation shafts or electrical infrastructure are passing through your apartment and need to be entered there for repairs, you have to allow it.
Mandatory Repairs in Neighbor's Apartment: You are obliged to give permission for the detection and repair of leaks that occur in the apartment of your next or lower/upper neighbor and whose source is your apartment.
Safety and Insulation Works: You should show the necessary ease if it is necessary to use the balcony or windows of your apartment during exterior, earthquake reinforcement or static repairs of the building.

“I allowed it, but my house was damaged!” (Right to Compensation)

Obligation of consent does not give your neighbor or the administration the right to "demolish and leave your apartment just like that.”

The continuation of Article 23 of the KMK ensures this situation:

Reimbursement of Damage is a must: Any damage to your apartment (broken tiles, damaged parquet, contaminated wall paint, etc.) during repair or break-pouring must be immediately covered by the floor owner or management who commissioned the work.
So when you let your neighbor, you can be sure that your apartment will be restored.

What should the manager do if the neighbor still does not open the door?

If, despite all the warnings and the article of the law, your neighbor persistently does not let the masters in, the legal way to follow is this:

Obtain Written Notification: Send a written warning to your neighbor through the notary or through the management channel reminding your neighbor of Article 23 of the KMK, stating that he will be liable for all damages that would otherwise arise.
Request Judge Intervention (KMK m. 33): The administrator or the owner of the floor, who is the victim, can apply to the Magistrate Court to request the “Intervention of the Judge” and the issuance of a precautionary order for the fulfillment of the duty of consent.
Collect Damage From Neighbor: All material compensation resulting from water damage, mold or explosion of plumbing in the lower apartment due to the neighbor's failure to open the door becomes the personal responsibility of the neighbor who did not open the door.

In summary;

The right to private property in communal areas is not unlimited; neighborhood law and the common good are at the forefront. Blocking forced repairs by saying “My apartment” will both damage neighborhood relations and cause you to face much more costly sanctions through the court channel.

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