07.05.2026 22:53
The bill, which includes regulations regarding the high increases in site maintenance fees, was accepted and enacted by the Turkish Grand National Assembly. With the new regulation, it is aimed to increase inspections on maintenance fee practices, especially in apartment complexes and housing estates, and to prevent the grievances experienced by citizens.
In the General Assembly of the Turkish Grand National Assembly, the Draft Law on the Amendment of the Land Registry Law and Certain Laws and Decree Law No. 375, which includes regulations on excessive site dues, was accepted and enacted.
LAND REGISTRY LAW IS CHANGING
With the Law, amendments are made to the Land Registry Law. Accordingly, valuation reports prepared by valuation institutions authorized by the Capital Markets Board and the Banking Regulation and Supervision Agency, in accordance with housing finance and capital market legislation, must be sent electronically and free of charge by public institutions and organizations, banks, and other financial institutions that commissioned the report to the General Directorate of Land Registry and Cadastre on the date the report was prepared.
The procedures and principles regarding the electronic submission of data will be determined by the General Directorate of Land Registry and Cadastre, after obtaining the opinions of relevant institutions and organizations.
With the provision added to the Stamp Tax Law, tender decisions and contracts concluded between the Presidency and contractors for social housing and construction works tendered together with housing, including those where the tender announcement was previously given but the final bid submission date has not passed, will be exempt from stamp tax from the effective date of the regulation until December 31, 2027 (including this date). The President will be authorized to extend this period by up to 3 years.
AUTHORITY IS GIVEN TO THE BOARD OF APARTMENT OWNERS
With the Law, a change is made to the provision of the Condominium Law regulating the duties of the manager. Accordingly, managers will be responsible for collecting advance payments from apartment owners for the general management, protection, repair, cleaning, and maintenance of the main property, as well as for the operation of elevators, heating, hot and cold air systems, and insurance, at the time specified in the management plan, or if no such time is specified, within the first month of each calendar year, until the operating project is approved.
The regulation introduces a condition that the amount of advance payment collected by the manager must be approved by the board of apartment owners, preventing managers from arbitrarily setting dues, and granting the authority to increase dues to the board of apartment owners.
Accordingly, the operating project will be approved at the general assembly of apartment owners. If there is no operating project accepted by the board of apartment owners, the manager will promptly prepare a temporary operating project until it is approved by the board of apartment owners within a maximum of 3 months.
This project will be communicated to the apartment owners or the actual users of the independent units against their signature or by registered letter, and a decision will be made at the general assembly for its acceptance, either as is or with amendments, within a maximum of 3 months.
The phrase in the Law, "the advance amount each apartment owner must pay to cover estimated expenses and other possible expenses according to the principles in the article titled 'Participation in the general expenses of the main property'" is changed to "the advance amount each apartment owner must pay according to the principles in the relevant article."
If a current operating project exists, the amount stipulated for the temporary operating project will be determined, effective from the beginning of the calendar year, not exceeding the revaluation rate for the previous year compared to the amount in the ongoing operating project, and will be submitted to the board of apartment owners.
With the amendment to the article titled "Management plan and its amendment" of the Law, to change the management plan, the votes of two-thirds of the total number of independent units represented by the members of the collective building representatives board will be required.
Provisions of the management plan regarding temporary management may be changed by the votes of two-thirds of the owners of independent units in the collective building area. Provisions of management plans contrary to this article shall not be applied.
With the amendment to the Cooperatives Law, construction cooperatives that start reconstruction in phases after completing construction cannot transfer the title deeds of allocated properties, even if they have allocated workplaces and residences to their members, until all construction they have completed or plan to complete is finished.
QUALIFICATION CERTIFICATE OF THOSE REACHING 200 PENALTY POINTS WILL BE REVOKED
With the Law, an amendment is made to the Environmental Law in line with the Constitutional Court's annulment decision. Accordingly, the definition of "environmental consultancy firm" is reorganized, and the definition of "authorized person" is added to the Law.
Accordingly, an "environmental consultancy firm" will refer to a legal entity that makes applications within the scope of environmental management services as determined by the relevant regulation, is authorized and responsible for preparing all types of reports and technical documents, is obliged to identify discrepancies in the monthly activity report and notify the Ministry, provides environmental training to employees and responsible persons of the facility and enterprise it serves, employs individuals who are graduates of engineering or science faculties with qualifications determined by the relevant regulation and hold an environmental management service qualification certificate, has more than fifty percent of its partners in terms of partnership share holding an environmental management service qualification certificate, and is authorized by the Ministry of Environment, Urbanization and Climate Change.
An "authorized person" will refer to individuals authorized by the Ministry to provide environmental management services, who are graduates of departments determined by the relevant regulation from university engineering or science faculties.
ADMINISTRATIVE FINES ARE HIGH
With the Law, regulations are made regarding administrative penalties in the Law in line with the Constitutional Court's annulment decision. According to the relevant provision of the Law, an administrative fine of 209,624 lira will be imposed on those who do not receive environmental management services, do not establish an environmental management unit, or do not receive services from environmental consultancy firms; and a fine of 139,746 lira will be imposed on those who do not employ an environmental engineer or a person authorized by the Ministry.
Institutions, organizations, and enterprises whose activities may cause environmental pollution or harm the environment will be obliged to receive environmental management services. The procedures and principles regarding this matter will be determined by a regulation issued by the Ministry.
An administrative fine of 75,000 lira will be imposed on environmental consultancy firms that fail to comply with the provision in the Law stating "institutions, organizations, and enterprises whose activities may cause environmental pollution or harm the environment are obliged to receive environmental management services" and/or do not report identified discrepancies in the monthly activity report. Additionally, penalty points will be applied to those providing environmental management services if they fail to fulfill obligations determined by the relevant regulation; if the applied penalty points reach 100 within 4 years, the qualification certificate will be suspended for 180 days. If the applied penalty points reach 200 within 4 years, the qualification certificate will be revoked for 2 years.