Property Compliance for Non-Resident Owners: The Duties That Continue After Completion

The deed is registered and the buyer flies home. From that day a set of obligations runs whether or not the owner is in the country: contribution to common expenses under Article 20 of the Condominium Act, decisions of the owners' assembly that bind absentees, the occupancy status of the building, the permit regime for lettings of up to a hundred days, and the position where someone is using the property without a right.

Av. Onur ÇalışıcıIstanbul Bar reg. no 83426 · Updated September 2026

In brief

  1. Common expenses do not pause for absence. Article 20 of Condominium Act No. 634 shares caretaker, heating operator, gardener and watchman costs equally and insurance, common-area works and the manager's salary by land share, and expressly bars an owner from refusing on the ground that the unit does not need the facility.
  2. Resolutions of the owners' assembly bind owners who did not attend (Art. 32), and the annulment window for an absentee is one month from learning of the resolution and six months from the resolution in any event (Art. 33), with no time condition only where the resolution is non-existent or absolutely void.
  3. A missing occupancy permit does not cut off the whole building: Article 31 of Zoning Act No. 3194 withholds electricity, water and sewerage until the permit is obtained, but the same article adds that units which have obtained it are supplied.
  4. Letting for up to one hundred days at a time is tourism-purpose letting under Law No. 7464 and requires a permit certificate obtained before the contract is signed, supported by a unanimous resolution of every owner in the building unless the exception for high-qualified residences in Article 3/10 applies; lettings longer than one hundred days in a single transaction fall outside the Act.
  5. Two duties survive the purchase in the land registry and the tax office: a foreign buyer of unbuilt land must submit a project to the relevant Ministry within two years (Art. 35 of Land Registry Act No. 2644), and a building or land carrying unpaid property tax cannot be transferred, save for inheritance, court decision, forced enforcement, expropriation and other cases provided for in special laws (Art. 30 of Property Tax Act No. 1319).

Buying property in Türkiye ends a transaction; it starts an obligation. The purchase itself is covered in our guide to buying property in Türkiye as a foreigner; this page starts where that guide ends. From the day the deed is registered, a set of duties runs against the owner whether or not the owner is in the country, and none of them is suspended by absence. The four that produce most of the difficulty are contribution to the building’s common expenses under Condominium Act No. 634, the binding force of resolutions taken by an owners’ assembly the absent owner did not attend, the occupancy status of the building under Zoning Act No. 3194, and the permit regime that now governs short lettings under Law No. 7464. A fifth surfaces only when something has gone wrong: a person using the property without a right, which Turkish Civil Code No. 4721 addresses through the owner’s actions and the liability of a possessor who is not in good faith. This guide takes the duties as they arise after completion; the acquisition itself belongs to the Turkish real estate law side of the file.

The duties that do not stop when you leave

The pattern is consistent across the statutes: each duty attaches to ownership, each has its own authority and deadline, and each has a consequence that accumulates quietly while the owner is elsewhere.

DutySourceTimingWhat happens if it is missed
Contribute to common expenses and advancesLaw No. 634, Art. 20As set in the operating budget5% monthly late compensation; proceedings or enforcement by the manager or any owner (Art. 20/2)
Comply with owners' assembly resolutionsLaw No. 634, Arts. 28, 32From the resolutionBinding on the owner and on successors; challenge only within Art. 33 periods
Obtain and hold an occupancy permitLaw No. 3194, Arts. 30-31On completion, or on completion of usable partsUtilities withheld from units without the permit until it is obtained
Hold a permit certificate for lettings of up to 100 daysLaw No. 7464, Arts. 2-3Before the letting contract is madeAdministrative fine per dwelling and a 15-day period to regularise (Art. 4)
Submit a project on unbuilt land bought by a foreign buyerLaw No. 2644, Art. 35Within two years of purchaseLiquidated and converted into money, the price paid to the entitled person, unless the owner liquidates it within a period of up to one year given by the Ministry of Finance
File the property tax declarationLaw No. 1319, Art. 23In the budget year the triggering event occursTax assessed by the administration (Art. 32); transfer blocked while tax is unpaid (Art. 30)

Common expenses: the bill an empty flat still gets

Article 20/1 of Condominium Act No. 634 splits common expenses on two different keys (some equally, some in proportion to the land share, arsa payı) and does so unless the owners have agreed otherwise between themselves. What matters most to an owner who is not in the country is sub-paragraph (c): the charge cannot be shed by renouncing the right to use a common area, or by pointing out that an empty flat has no need of the lift, the boiler or the gardener. There is no non-user discount and no dormant status for a unit nobody lives in.

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The amount comes from the operating budget, the işletme projesi, that the owners’ assembly approves, and non-payment moves faster than distance allows you to react. Article 20/2 fixes late compensation at 5% per month for the days in delay; Article 37/4 places a finalised budget among the documents that shorten the route to enforcement; and where the money cannot be got from either the owner or the occupier, Article 22/2 allows a statutory mortgage to be registered over the unit itself in favour of the other owners. How the budget is built, who approves it, what the 2026 ceiling actually limits and how each owner’s share is calculated are worked through in our note on Turkish building maintenance charges and the 2026 cap on provisional budgets.

Decisions taken while you are not in the room

Article 32/2 states the rule without qualification: all owners together with their universal and particular successors, and the manager and auditors, are obliged to comply with the resolutions of the general assembly. Article 28 says the same of the management plan, which has the force of a contract binding on all owners and, expressly, on their successors. An owner abroad is therefore bound by a resolution taken at a meeting they never heard about: a budget increase, a façade project, a change in how the site is run.

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What absence changes is the calendar. The assembly meets on a cycle fixed by Article 29, and Article 33/1 gives an owner who wants to challenge a resolution a short window that is measured from the resolution for those who attended and from the date of learning of it for those who did not, with an outer limit in any event, and no time condition at all where the resolution is non-existent or absolutely void. The two dates that matter to an absent owner are therefore not in the statute at all: when the meeting happened, and when they can be said to have learned of it.

Those periods interact badly with distance. Notification of the operating budget under Article 37/3 goes to owners or to those actually benefiting from the unit, so a letter delivered to a tenant can start clocks the owner never sees. In litigation, service abroad runs under Article 25 of Notification Act No. 7201, through the competent authority of the foreign country, with the documents routed via the Ministry of Foreign Affairs to the Turkish embassy or consulate, although the article adds that where the Ministry’s intermediation is not considered necessary the documents may be sent directly to the mission. For a Turkish citizen abroad, Article 25/a offers a faster and harsher route: a notice warning that service will be deemed effected if no application is made within thirty days, and service deemed effected at the end of the thirtieth day where the notice is documented as delivered and no application follows. Article 35 completes the picture for everyone: a person already served who changes address must inform the issuing authority immediately, and where they do not, and no residence address can be established from the address registration system, a copy is affixed to the door of the old address and the date of affixing counts as the date of service.

For an owner who lives abroad, the person at the centre of this table is the manager. Article 34/2 of the Condominium Act (Law No. 634) makes the appointment of a manager mandatory where the number of independent sections is eight or more, and Article 34/4 provides that the manager is appointed by a majority of both the number of owners and the land shares. The opening sentence of Article 35, which lists the manager’s duties, carries a qualification that must not be skipped: those duties apply unless the management plan provides otherwise, so the first document an owner abroad should read is not the statute but the management plan of their own building. Sub-paragraph (f) of the same article leaves the acceptance of notifications concerning the whole of the main property to the manager, which means that a notice directed at the building as a whole may be validly served while the owner is in another country. The last paragraph of Article 35 fills the gap: where the conditions of Article 34 are met but no manager has been appointed, the owners are jointly responsible for the matters listed in the first paragraph. Article 18/2 applies the provisions on owners’ debts to those who benefit from an independent section on a continuing basis and makes them jointly and severally liable together with the owners; a tenancy therefore does not remove the owner’s liability towards the management.

Occupancy status: what it actually blocks

Article 30 of the Zoning Act requires permission from the authority that issued the building licence before a completed building, or a completed part capable of separate use, may be used, on the owner’s application and upon a finding that the building conforms to the licence and its annexes and that there is no technical objection to its use. The administration must conclude the application within thirty days at the latest; failing that, permission to use the building or the completed part is deemed given. The paragraph that follows is the one owners tend not to read: permission granted under the article does not relieve the building owner of liability arising from non-compliance with the law or with the licence and its annexes, and does not relieve them of any obligation to pay taxes, duties or charges.

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Article 31 sets the sanction and its limit in three sentences. The day construction is completed is the date the occupancy permit is issued. Buildings for which the permit is not issued and not obtained are not supplied with electricity, water and sewerage services and installations until it is obtained. And then: independent units which have obtained the permit are supplied. The relevant question for an owner abroad is therefore about their own unit and not only about the block. What the shortfall blocks elsewhere (the conversion of a construction servitude into freehold condominium ownership, the registered class of the property) we treat separately in the guide on buying a Turkish apartment without an occupancy permit.

Letting the property: the hundred-day line

Law No. 7464 draws its boundary by duration, not platform. Article 2/1-(g) defines tourism-purpose letting as letting dwellings to users for any purpose for a maximum of one hundred days, and Article 1/3 places lettings longer than one hundred days made in a single transaction outside the Act. Inside that line, Article 3/1 requires a permit certificate before the letting contract is made and a plaque at the entrance of the dwelling; Article 3/2 gives the certifying power to the Ministry, which may exercise it through the governorship.

ConditionProvisionContent
Consent of the buildingArt. 3/3A resolution taken unanimously by all owners of the building must be produced; in complexes it is required only for the building concerned, and a copy of the certificate goes to the site management
Concentration limitArt. 3/4In buildings of more than three units, at most 25% may be certified to the same lessor; where more than five units in the same building are certified to the same lessor, a workplace opening and operating licence is also required, and in a complex a further unanimous resolution of all owners
Who must hold the certificateArt. 3/5The obligation rests on the person letting; where the activity is carried on by anyone else, it may be done only through group (A) travel agencies certified under Law No. 1618
Sub-lettingArt. 3/7A user may not re-let on their own account, and a tenant who took the dwelling as a residence may not let it for tourism purposes on their own account
Guest reportingArt. 3/8Identity Notification Law No. 1774 applies, and the certificate holder is the responsible person for the reporting obligation
Exception for qualified residencesArt. 3/10A certificate may be issued without the third and fourth paragraph conditions to high-qualified residences whose management plan under Art. 28 of Law No. 634 permits short-term letting and which provide reception, security, daily cleaning and comparable services
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Article 4/1 attaches administrative fines to each of those failures, for letting without a certificate, for continuing after the fifteen-day period given to regularise, for re-letting on one’s own account, and for intermediating in the letting of uncertified dwellings. The figures in the statute are the nominal amounts as enacted; under Article 17/7 of Misdemeanours Act No. 5326 administrative fines are increased each year, with effect from the beginning of the calendar year, by the revaluation rate determined and announced under repeated Article 298 of Tax Procedure Law No. 213, so the amount actually applied should be taken from the current year’s figure rather than from the text as published in 2023.

When someone is using the property without a right

An owner who has been away for a season sometimes comes back to a relative, a former tenant or a neighbour in possession. Turkish law answers that with two claims rather than one, and the distinction is not a formality: getting the property back and being paid for the period of occupation are separate actions, resting on separate Civil Code provisions, with separate proof. Whether the occupier is treated as being in good faith changes the money claim substantially, and the date on which the owner made the position clear is usually what decides it, which is why an owner abroad should be recording that date rather than waiting for a visit. How the two actions are pleaded, why they are kept apart, and what good faith does to the figure are set out in unlawful occupation of your Turkish property.

Registry and tax duties that outlive the purchase

Two obligations sit outside the building and are easily forgotten from abroad. Article 35 of Land Registry Act No. 2644 requires foreign real persons, and commercial companies established abroad under the laws of their own countries, to submit the project they will develop on unbuilt land they have purchased to the approval of the relevant Ministry within two years; the approved project, with its start and completion dates, is recorded in the declarations column of the land register and its realisation is monitored. The final paragraph of the same article sets the consequence: property acquired contrary to the article, found to be used contrary to the purpose of acquisition, not the subject of a timely application, or whose project is not realised in time, is liquidated if the owner does not liquidate it within a period of up to one year given by the Ministry of Finance, and the price is paid to the entitled person.

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The tax side stays deliberately short here, because filing and computation belong to a certified public accountant under Law No. 3568 rather than to legal advice. In outline: Article 23 of Property Tax Act No. 1319 makes a declaration compulsory where one of the value-modifying reasons in Article 33 arises, filed with the municipality where the property is situated within the budget year in which the event occurs (or within three months where it falls in the last three months of the year); Article 30 sets the two instalments, in March-May and in November; and Article 30/8 provides that land registry directorates query the outstanding property tax electronically and that, apart from inheritance, court decision, forced enforcement, expropriation and cases provided for in special laws, a building or land with an outstanding property tax debt is not transferred. An owner who intends to sell should therefore check the municipal record well before the appointment, and take the rest of the tax position from an accountant.

Keeping the capacity to act from a distance

All of the above assumes someone can sign. Article 89 of Notaries Act No. 1512 provides that contracts and powers of attorney which by their nature require a transaction at the land registry are executed under the provisions governing drawn-up instruments, a fuller form than the certification of a signature, and one that a document produced abroad in the wrong form will not satisfy. Article 191 provides that notarial business in foreign countries is conducted by consuls, and Article 193, read to its end, lists the provisions of the Act that do apply to consuls, a list that runs through Articles 78 to 108 and so takes in Article 89. Where an instrument is instead executed before a local notary, Article 195 provides that the signature and seal of the competent authority of that country are certified by the consul, subject to special statutory provisions. Owners living in Germany can see both routes, the Turkish consulate and the German notary followed by an apostille, in our guide for property owners and other clients in Germany.

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Alongside the instrument, the address is the practical point. Article 37/3 of the Condominium Act notifies the operating budget to owners or to those actually benefiting from the unit against signature or by registered letter, and Article 35 of the Notification Act treats an unnotified change of address as a reason to affix the document to the door of the old address and count that date as service. An owner who keeps a current address on the building’s records, and an instrument in the right form with someone able to use it, turns most of the obligations above from a risk into a diary entry.

Key figures

5% monthly
Late compensation on unpaid charges and advances (Art. 20/2, Law No. 634)
100 days
Ceiling that makes a letting a tourism-purpose letting under Law No. 7464
6 months
Longstop for annulling an owners' assembly resolution (Art. 33, Law No. 634)
2 years
Period to submit a project on unbuilt land bought by a foreign buyer (Art. 35, Law No. 2644)

A yearly review for an owner who is not in the country

  1. Fix a Turkish address for notification and keep it current

    Article 37/3 of Law No. 634 has the operating budget notified against signature or by registered letter to owners or to those actually benefiting from the unit. Article 35 of Notification Act No. 7201 obliges a person already served to inform the issuing authority of a change of address, and treats posting on the door of the old address as service where no new one is given.

  2. Ask the manager for the operating budget and the resolution book

    Article 37/2 requires the budget to show estimated annual income and expenditure, each owner's estimated share under Article 20 and the advance payable. Article 32 requires resolutions to be written in a notarially sealed book with numbered pages.

  3. Check the occupancy status of your own unit, not only of the block

    Article 31 of Law No. 3194 works unit by unit for utilities, and Article 30 sets the application and the thirty-day period within which the administration must decide.

  4. Settle the letting model before advertising anything

    Up to one hundred days per transaction is tourism-purpose letting under Law No. 7464 and needs a permit certificate obtained beforehand, with a unanimous resolution of the building's owners behind it.

  5. Execute a drawn-up power of attorney before you need it

    Article 89 of Law No. 1512 requires the drawn-up form for powers of attorney calling for a land registry transaction; Article 191 has consuls performing notarial functions abroad.

Frequently asked questions

I am abroad and never received notice of the meeting. Am I still bound by what the owners decided?

Yes, as a matter of the statute's own wording. Article 32/2 of Condominium Act No. 634 provides that all owners together with their universal and particular successors, and the manager and auditors, are obliged to comply with resolutions of the general assembly of owners. Absence is not an exemption; it changes only the deadline for challenging. Under Article 33/1 an attendee who voted against has one month from the date of the resolution, while an owner who did not attend has one month from learning of the resolution and, in any event, six months from its date, before the magistrates' court (sulh mahkemesi) of the place where the property is situated. The article ends with the one genuine exception: where the resolution is treated as non-existent or void for absolute nullity, no time condition applies.

Can the building's manager pursue me for aidat while I am living abroad, and can they reach my tenant instead?

Yes to both, and the second half is what usually surprises an owner abroad. Article 22/1 of Condominium Act No. 634 makes anyone who benefits from the unit on a continuing basis (a tenant, a holder of a right of habitation, or another continuing occupier) jointly and severally liable with the owner for the charge, so the manager is not obliged to come to you first. The limit sits in the sentence immediately after: the tenant's exposure is confined to the rent payable, and whatever the tenant pays is deducted from the rent. Read together, that means the building can convert your rental income into aidat, and the first sign of it may simply be a short remittance from your letting agent. Against the owner directly, Article 20/2 lets any other owner or the manager sue or enforce, with late compensation of 5% per month on the days in delay, and where neither route produces the money Article 22/2 allows a statutory mortgage to be registered over the unit for the court-determined amount in favour of the other owners.

My building has no occupancy permit. Is my electricity going to be cut off?

Read Article 31 of Zoning Act No. 3194 to its end. It states that the day construction is completed is the date the occupancy permit is issued, and that buildings for which a permit is not issued and not obtained are not supplied with electricity, water and sewerage services until it is obtained. The following sentence then says that independent units which have obtained the permit are supplied. The disconnection therefore attaches to units without the permit, not to the whole structure as a matter of course. Article 30 adds a point owners frequently miss: a permit granted does not relieve the building owner of liability for non-compliance with the law, the licence or its annexes, nor of any tax, duty or charge.

Do I need a permit to let my flat to holidaymakers for a week at a time?

Yes. Article 3/1 of Law No. 7464 requires a permit certificate (izin belgesi) to be obtained before the tourism-purpose letting contract is made, and a plaque of the characteristics determined by the Ministry to be displayed at the entrance of the dwelling let. Article 2/1-(g) defines tourism-purpose letting as letting a dwelling to users for any purpose for a maximum of one hundred days, and Article 1/3 places lettings longer than one hundred days made in a single transaction outside the Act altogether. The obligation to obtain the certificate rests on the person letting the property, under Article 3/5.

The other owners in my building refuse to agree to short-term letting. Can I apply anyway?

Article 3/3 of Law No. 7464 makes it a condition of the application that a resolution taken unanimously by all owners of the building in which the unit sits is produced. In residential complexes made up of buildings with more than one unit, the paragraph is applied only to the building where the dwelling is located, and a copy of the certificate is sent to the site management. Two further limits follow in Article 3/4: in buildings of more than three units, certificates may be issued to the same lessor for at most twenty-five per cent of them, and where the number of units in the same building certified to the same lessor exceeds five, a workplace opening and operating licence must also be produced, plus, in a complex, the unanimous resolution of all owners on top of the third paragraph. One case sits outside those conditions: Article 3/10 allows a certificate to be issued without the requirements of the third and fourth paragraphs to high-qualified residences, buildings whose management plan drawn up under Article 28 of Law No. 634 contains a provision permitting short-term letting, and which have reception, security and daily cleaning facilities and comparable services.

Someone has moved into my property while I was away. What is the legal basis for a claim?

Two provisions do the work. Article 683 of Turkish Civil Code No. 4721 gives the owner the power to use, benefit from and dispose of the thing within the limits of the legal order, and its second paragraph allows the owner to bring an action for recovery against a person unlawfully holding it and to sue for the prevention of any unlawful interference. Article 995/1 then makes a possessor who is not in good faith liable to compensate the damage caused to the entitled person by unlawfully retaining the thing, together with the fruits obtained or negligently not obtained, the statutory root of what practice calls ecrimisil. The article's third paragraph limits that liability where the possessor does not know to whom the thing is to be returned, to damage caused by fault.

I cannot travel to Türkiye. Can someone act for me on the property?

Article 89 of Notaries Act No. 1512 requires powers of attorney which by their nature call for a transaction at the land registry to be executed in the drawn-up (düzenleme) form, not by simple certification of a signature. Article 191 provides that notarial business in foreign countries is conducted by consuls, and Article 193 lists the provisions which apply to consuls, a list that includes Articles 78 to 108 and therefore Article 89. A Turkish consulate abroad is accordingly a place where such an instrument can be executed. Article 195 covers the other route, providing that the signature and seal of the competent authority of that country under a notarial act duly made abroad are certified by the consul, subject to special statutory provisions.

This page is general information, not legal advice. For advice on your specific situation, speak with a lawyer.

Av. Onur Çalışıcı

The lawyer on your file

Av. Onur Çalışıcı

Founding Attorney · Istanbul Bar Association · Bar reg. no 83426

Lex lata is Latin for “the law as it is”. The office was founded by Av. Onur Çalışıcı, and you deal with Av. Çalışıcı directly from the first meeting to the end of the matter. With foreign clients we write in English and explain what each Turkish document says.

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Last reviewed: September 2026 · LinkedIn: linkedin.com/in/onurcalisici

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