When purchasing an apartment in Türkiye, many owners assume:
“This is my property — I can do as I wish.”
However, ownership rights are not absolute. Turkish law establishes clear limitations in order to protect the rights and interests of neighbouring property owners.

The rights and obligations of apartment owners are primarily regulated by:

• The Condominium Law No. 634
• The Turkish Civil Code

Both legal frameworks introduce restrictions derived from neighbour law principles.

1. The Concept of Neighbour Law Under Turkish LawUnder the Turkish Civil Code, every property owner must exercise their ownership rights in a manner that does not negatively affect neighbouring properties.
The law explicitly prohibits causing disturbances that exceed acceptable limits, including:

• Smoke
• Soot
• Dust
• Odours
• Noise
• Vibrations

The assessment of what is “excessive” depends on the nature of the property, local customs, and the specific characteristics of the area.
Neighbour law applies not only to adjacent apartment owners but to any property owner or user whose rights may be affected by another’s actions.

2. Civil and Criminal Liability for DisturbanceIn addition to civil liability, certain disturbances may also trigger administrative or criminal consequences.
Pursuant to Articles 123 and 183 of the Turkish Penal Code and Article 36 of the Misdemeanours Law, disturbing the peace and tranquillity of others or creating noise harmful to health may result in fines or criminal sanctions.
Thus, what begins as a private dispute between neighbours may escalate into formal legal proceedings.

3. The Limits of Ownership RightsTurkish law recognises the concept of “tolerable inconvenience.” Ordinary daily use of property — including reasonable household noise — must generally be tolerated by neighbours.
However, when disturbances exceed reasonable limits, courts determine whether the conduct constitutes an unlawful interference.
In such cases, the judge evaluates:

• The standard sensitivity of a reasonable person
• The characteristics of the neighbourhood
• The nature and purpose of the property
• Local customs

Ownership rights are therefore balanced against the rights of neighbouring property holders.

4. Specific Obligations Under Condominium Law No. 634In addition to general neighbour law principles, apartment owners in condominium structures have further obligations arising from shared ownership.
Acting in Good FaithOwners must respect the rights of other residents and comply with the management plan governing the building.
Use in Accordance with DesignationIndependent sections must be used in accordance with their registered purpose.
A unit registered as residential cannot be converted into commercial use without following the required legal procedures.
Protection of Common AreasOwners may not carry out construction, renovation, installation or alterations that damage the main structure or common areas.
Written consent is required for modifications to common property.

5. Financial Obligations of Apartment OwnersUnless otherwise agreed, each apartment owner is obliged to contribute to:

• Concierge, security and maintenance staff expenses
• Building insurance premiums
• Maintenance, repair and reinforcement of common areas
• General operational expenses

An owner cannot refuse payment by claiming non-use of certain facilities (such as elevators, gardens or other common areas).

6. The Most Serious Consequence: Compulsory Transfer of OwnershipIn cases where an apartment owner persistently violates their legal obligations to such an extent that life becomes unbearable for other residents, Turkish law provides a severe remedy.
Other apartment owners may apply to the court requesting the compulsory transfer of the violating owner’s independent unit.
Although applied only in exceptional circumstances, Turkish law does allow for forced divestment in cases of serious and continuous misconduct.