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What are the rights of flat owners on the independent divisions owned by them and common premises? What are the rights of the holders of construction servitude?

Flat owners have the rights recognized by the Civil Code to landowners on the independent divisions owned by them. The relevant provisions of the Turkish Flat Ownership Law being reserved.

According to the provisions of the Turkish Flat Ownership Law, flat owners become owners of all the common premises of the main property. Flat owners have the right to use the common premises such as common coal cellars, garage, terrace, laundry and drying rooms. The extent of this right in common places shall be proportionate to the building plot share.

Holders of construction servitude have the following rights:

Demanding the mutual execution of the obligations incumbent of them to commence and complete the building within the period stipulated in the agreement and bringing legal proceedings.

To complete the building, construction servitude holders may appoint one or several from among themselves or from outside as manager. This manager has the same duties and responsibilities of a regular site manager.

If the transition to condominium ownership has not completed but the building has completed and the dwelling of 2/3 independent divisions has actually started of properties on which construction servitude was established, the provisions of condominium ownership are applied to the management of the main real estate.
 


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www.irfangulsen.av.tr provides general legal information to help people understand their legal rights in numerous legal topics, but is not a substitute for personal legal advice from a solicitor.  As laws are constantly changing, only a lawyer can provide you with specific advice to rely on.