Disabled Access: Are Handicapped Ramp and Elevator Regulations Mandatory in Buildings?

Making arrangements in public areas that will facilitate the life of residents with disabilities, the elderly or strollers is not only a humanitarian task, but also depends on a legal framework. How should managers and floor owners make decisions in the process of building a ramp to the entrance of the apartment or making the elevator suitable for disabled use? What does the Condominium Law say about this? Here's what to know.

What does Article 42 of the Law on Condominium Say?

The construction of ramps, elevators or similar projects to facilitate disabled access in buildings is considered a “useful innovation and addition” within the scope of KMK.

• Under Normal Conditions: To make such a change in common areas, floor owners need a majority of the number and land share (majority of votes).
• When it comes to Disabled Resident: If there is a disabled floor owner or resident living in the building, the situation changes completely.

Can a Disabled Resident's Request Be Denied?

The law clearly protects the rights of individuals with disabilities. If a disabled resident living in the building has a written request to build a ramp or disabled elevator;

Rule: The administration or other floor owners cannot arbitrarily refuse this request.

Process: At the request of the disabled resident, it is decided that the project will be carried out without the need for a plurality of votes or unanimity in the general assembly for the implementation of the project. If this request is not fulfilled within 3 months under the pretext of the apartment budget or physical conditions, the disabled resident can legally ensure that this arrangement is made by applying to the Magistrates Court.

Who Pays the Construction Costs?

The most discussed and challenging issue for managers is how to divide the cost.

Rule: Since the disabled ramp, elevator or lift system to be built is an increase in value and a useful innovation on the common area of the building, the construction costs must be borne by all floor owners at the rate of the land share. It is not legally possible to avoid this expense by saying, “I am on the ground floor, I do not use the elevator or the ramp.”

Technical and Architectural Requirements

The logic of “we had it done to the master” when building a ramp or disabled lift can cause problems in municipal inspections in the future.

Slope Rule: According to Turkish Standards Institute (TSE) standards, the slope of disabled ramps should be around a maximum of 5% to 6%. A ramp made too steep is dangerous for wheelchairs and is not considered legal. It is imperative to study the architectural project and select the appropriate area.