Renovating a flat: consents, tenants in place and the builder contract.

01

Inside your own flat: what is free, what is not

A unit owner may use and arrange the inside of their unit as they wish; works touching the building’s load-bearing system, common areas and external appearance need the other owners’ consent. The law puts it in two sentences: owners must preserve the building’s maintenance, architecture and appearance; construction, repair and installations in the common areas, and exterior rendering or paint in a different colour, may be carried out only with the written consent of four fifths of all unit owners (Condominium Law No. 634, Art. 19(2)). The fraction is four fifths of all owners, not of those attending a meeting, and written consent is required; a majority at a general meeting is not enough. Consent is not required where a court has established that a defect in the common parts must be repaired urgently or that the building must be strengthened. Nor may an owner carry out works inside their own unit that would damage the main structure.

In practice, painting, cabinetry, kitchen and bathroom renewal, flooring and internal doors inside the flat need no consent. Enclosing a balcony, facade colour, external joinery, the position of an air-conditioning unit, intervention in shared installations (risers, main pipes, flues) and removing a load-bearing wall depend on the owners’ decision; the management plan may set stricter rules.

Improvements and additions that make the common parts more useful follow a different regime: they need a majority by number and by land share (Art. 42). Insulation and a change of heating fuel go the same way, except that converting from central to individual heating in buildings of 2,000 m² or more requires unanimity by number and by land share. For works the law calls “very costly or luxurious” there is no additional voting threshold; the rule there is about cost — an owner who does not want to benefit cannot be forced to contribute, and those who decided on the work pay for it (Art. 43). The law sets no separate majority for installing a lift.

02

Municipal permit: simple repair versus substantial alteration

Works that need no building permit are listed in the law: pointing, internal and external plaster, paint, gutters, joinery, floor and ceiling finishes, electrical and plumbing repairs, roof repair and re-tiling, and other alterations and repairs that do not affect load-bearing elements (Zoning Law No. 3194, Art. 21/3). No building permit is needed for them. In listed buildings, their protection zones and conservation areas, however, even these works require consent (Law No. 2863, Art. 57); see the listed-buildings section below.

Works affecting the structure (removing walls, touching columns and beams), changes of use, additions to the facade or roof, and merging or splitting units are substantial alterations; they need an alteration permit from the district municipality and, where required, a structural project. Substantial alteration without a permit can end in an administrative fine and a demolition order (Arts. 32, 42).

03

Listed and historic buildings

Many apartment buildings in Beyoğlu, Nişantaşı and along the Bosphorus are listed as cultural assets or lie within conservation areas. In listed buildings, their protection zones and conservation areas, even the alterations and repairs that need no building permit under Art. 21 of the Zoning Law require consent: it is given by authorities that have a Conservation Implementation and Supervision Office (KUDEB), and where there is none, by the regional conservation board directorate. Anything beyond that — any construction or physical intervention, including substantial repair, installations, facade changes and partial or complete demolition — needs the regional conservation board’s consent and an approved project (Law No. 2863 on the Protection of Cultural and Natural Assets, Arts. 9 and 57).

The sanction is severe: carrying out even permit-free alterations and repairs without consent, or in breach of it, carries six months’ to three years’ imprisonment or a judicial fine (Art. 65(4)), on top of the obligation to restore. Before any work, the title and listing status are the first items to check.

04

Renovation while a tenant is in place

The landlord may carry out improvements and alterations that do not require termination of the lease and that the tenant can be expected to tolerate; during the works the landlord must consider the tenant’s interests, and the tenant’s rights to a rent reduction and compensation are reserved (Turkish Code of Obligations No. 6098, Art. 320). The tenant must tolerate necessary repairs; works that remove comfort for a long period call for prior notice, a reasonable period and, where applicable, a temporary reduction.

The tenant, in turn, may make alterations only with the landlord’s written consent; at the end of the lease the landlord cannot demand restoration of consented alterations, and the tenant cannot claim the value added unless agreed in writing (Art. 321). Any renovation permitted to a tenant should therefore be in writing, stating what will be done and what happens at the end of the lease.

05

Contractor agreement and warranty

Renovation work is legally a contract for work: the contractor must perform the work as agreed and the client must pay the price (TBK Art. 470 ff.). If a lump-sum price is agreed, the contractor cannot raise it even if the work requires more effort and cost than expected, except in unforeseeable extraordinary circumstances (Art. 480). That is why extra work should be tied to written approval.

For defective work the client must inspect within a reasonable time after handover and notify the defect; hidden defects may be notified when they appear (Arts. 474–477). The agreement should contain the itemised job list, material brands, schedule, payment plan, warranty period and handover record; payments should be tied to work stages. An invoice is essential both for warranty and for tax.

• —Contractor’s name, tax number and signing authority
• —Job list and material choices (brand, model, quantity)
• —Price: lump sum or unit rates; how extra work is priced and the written-approval condition
• —Schedule and payment plan; what happens on delay
• —Handover record, snag list (defects list) and completion period
• —Warranty period and scope; delivery of manufacturer warranty documents
• —Site rules: working hours under the management plan and the municipality’s noise limits, debris and lift use, notice to neighbours

06

Renovation costs and rental income tax

Maintenance and repair costs for a let home are deducted from revenue, if documented, when the actual expense method is chosen in the rental income return; expenditure that enlarges or extends the property and adds to its value is not a direct expense but is taken into account through depreciation (Income Tax Law No. 193, Art. 74). Under the lump-sum method these costs are not deducted separately. Invoices should therefore be issued in the owner’s name and kept; see the rental income tax guide.

07

Checklist before starting

• —Title and listing status: condominium ownership, listed building, conservation area
• —Renovation, working-hour and debris rules in the management plan
• —Class of work: simple repair or substantial alteration; permit if needed
• —Owners’ decision if shared installations or the facade are touched
• —Written notice and schedule if there is a tenant
• —Contractor agreement: job list, price, schedule, warranty, handover record
• —Invoices in the owner’s name; warranty documents kept in the file