Aidat in Turkey: what owners are paying for and what happens if they don't

Aidat is the monthly contribution an owner pays towards running a residential complex: cleaning, security, lifts, the pool, lighting in the common areas and staff wages. It is not an optional extra you can decline: the duty to contribute to common expenses is set out expressly in Condominium Law No. 634 (Kat Mülkiyeti Kanunu). Here is what aidat covers, who sets the amount and how, whether tenants pay it, and what happens if you fall behind.

The legal basis

Everything to do with the shared ownership of an apartment building or a complex in Turkey is governed by Law No. 634 on Condominium Ownership, dating from 1965. It introduces the key concepts you will meet in the paperwork.

• kat maliki — the owner of an independent section (an apartment, a shop, an office);
• kat malikleri kurulu — the general assembly of owners, the supreme governing body;
• yönetici / yönetim kurulu — the manager or the management board elected by the assembly; the functions may be delegated to a professional management company;
• yönetim planı — the management plan, effectively the complex's constitution; it is registered along with the land registry records and binds all owners, including future ones;
• işletme projesi — the annual budget of income and expenditure;
• ortak gider and avans — common expenses and advance contributions.

Strictly speaking, the word "aidat" does not appear in the statute — it speaks of contributing to common expenses and of advances. But it is the word used in listings and on invoices.

What aidat covers

Article 20 of the law divides common expenses into two groups and allocates them differently.

• Equally between all owners — the costs of the caretaker (kapıcı), the heating operator, the gardener and the watchman. Here the size of your apartment is irrelevant.
• In proportion to the land share (arsa payı) — insurance premiums on the building, maintenance and repair of common areas, the manager's remuneration, and the running costs of shared installations: lifts, the pool, the generator, the pump room, the grounds lighting.

The management plan may set a different allocation — in proportion to the floor area of the apartment, for instance. That arrangement is extremely common, and in newer complexes aidat is more often calculated per square metre. Alongside running costs, the assembly usually approves advance contributions and a reserve fund for major works and for replenishing common assets (demirbaş) — the facade, the roof, replacing a lift, refurbishing the pool.

What aidat normally does not cover: your own consumption of electricity, water and gas inside your apartment, property tax, and insurance of the unit itself. Insurance of the common property, by contrast, is funded out of common expenses.

Who sets the amount

The level of aidat is not fixed by the developer for all time, and it is not plucked out of the air. It is determined by the general assembly of owners when it approves the annual budget — the işletme projesi. Under Article 37 of the law, the budget sets out anticipated income and expenditure for the year, each owner's share, and the advance each is required to pay.

The budget is communicated to the owners and to those actually occupying a section, against signature or by registered post. There are seven days to object; an objection received is considered by the general assembly, which either takes a decision or prepares a new budget. An approved budget and assembly decisions on operating expenses rank as instruments entitling the holder to simplified enforcement under the Enforcement and Bankruptcy Law.

The quorum and voting rules for the assembly are likewise set by statute: decisions are taken by a majority both of owners by number and of land shares, and if the first meeting is inquorate, the reconvened meeting decides by a majority of those present. Amending the management plan itself — including the principle on which expenses are allocated — is harder: that requires a four-fifths majority of all owners.

Who pays — the owner or the tenant

The law places the duty to contribute to common expenses on the owner. Article 22 adds joint liability for anyone permanently using a section under a tenancy, a right of habitation or any other basis. The management is therefore entitled to demand payment from a tenant as well.

But the tenant's liability is capped: it does not exceed the rent they are obliged to pay, and anything they pay is set off against the rent. In other words, a tenant can never owe the management more than they owe the owner under the tenancy.

In practice the split is recorded in the tenancy agreement: on a long let the tenant more often pays the aidat, on a short let it is almost always the owner. But the agreement binds only the parties to it: as against the complex's management, the owner is answerable for the debt.

That carries an important consequence for buyers. Aidat arrears are secured by a statutory charge: on a court order, at the request of the manager or another owner, a kanuni ipotek is registered over the debtor's independent section in favour of the remaining owners. The debt is in effect attached to the apartment, which is why you always obtain a clearance certificate from the management before completing. What else to check before buying is covered in our articles on the tapu and on the transaction procedure.

What happens if you do not pay

The law sets late payment interest (gecikme tazminatı) at 5% per month for the days of delay — that is the statutory minimum. The management plan or an assembly decision may set a higher figure, but not a lower one.

Enforcement runs as follows.

1. The manager (or any owner) initiates enforcement proceedings without a court judgment — on the basis of the approved budget or an assembly decision.
2. A payment demand is served on the debtor. If no objection is raised within seven days, the proceedings become final; if an objection is raised, the matter goes to court.
3. Where the debt cannot be recovered, the court determines its amount and a statutory charge is registered over the independent section in favour of the remaining owners.
4. In extreme cases of persistent breach of obligations, the law permits an action for the compulsory transfer of the owner's share (devir davası) — a rare remedy, but a real one.

What the management may not do is cut off a debtor's water or electricity, though such attempts do occur. The courts proceed on the basis that discontinuing utility supply is a power of the supply companies, not of the complex's management; assembly decisions and even management plan provisions permitting such disconnections have been held invalid. If your water has been cut off over aidat, that is a reason to see a lawyer, not to pay under pressure.

Another widespread misconception is that aidat arrears will get your residence permit renewal refused. There is no direct legal link between the two — the grounds for refusal are listed in the migration legislation, and aidat is not among them. More in our article on residence permit refusals.

Can you refuse to pay for what you do not use

No. The law answers this squarely: an owner cannot escape paying their share by renouncing the right to use the common areas or by arguing that the nature of their section means they have no need of them. A ground-floor shop with its own entrance still contributes to the cost of the staircase and the lift; an apartment you occupy for two months a year pays aidat for all twelve.

The only lawful way to change the allocation principle is to amend the management plan, and that requires the consent of four-fifths of the owners. Decisions imposing differential rates, taken by a simple majority contrary to the management plan, are open to challenge.

How to challenge an assembly decision

If the level of aidat or the way it is calculated has been approved improperly, the general assembly's decision can be challenged before the civil court of peace (sulh hukuk mahkemesi) for the district where the property is located. The deadlines are set by Article 33 of the law.

These are forfeiture periods. The exception is decisions that are void in substance (taken by a body with no authority to do so, say, or contrary to mandatory rules): their invalidity can be raised without any time limit. Separately, the law allows seven days to object to the annual budget — that mechanism is simpler and faster than litigation, and it is worth using.

Important: bringing a claim does not in itself excuse you from paying aidat for the disputed period. The practice is to pay and challenge at the same time, otherwise late payment interest gets added to the dispute.

What determines the level of aidat

We deliberately avoid quoting specific figures: aidat is revised every year at the assembly, tracks inflation and rises in the minimum wage, and the spread between complexes is enormous. Look to the drivers rather than to numbers in old articles.

• Facilities. Pools (heated ones especially), a sauna and hammam, a gym, a generator, multiple lifts — each item means staff, electricity and maintenance.
• Headcount. Round-the-clock security, gardeners, cleaners, a reception desk — the heaviest item in the budget, and one that rises with the minimum wage.
• Number of independent sections. The more apartments there are, the smaller each one's share of the same costs.
• Age of the building. Older complexes need more repairs but often have fewer facilities.
• Basis of calculation. Per square metre, equally per apartment, or by land share — on an identical budget, the figure for a given apartment comes out differently.
• Separately billed items. In some complexes heating, hot water or refuse collection are charged separately from aidat.

As an order of magnitude: in a building with no facilities and no permanent staff the contribution is nominal, while in a large complex with pools and round-the-clock security it can be several times higher. The only reliable source is the current budget of the specific complex, not city-wide averages.

What to check before buying, and common mistakes

• A clearance certificate from the management for your section — essential, since the debt effectively follows the apartment.
• The current budget (işletme projesi) and the assembly minutes for the past two or three years: they show how aidat has moved and whether major works are planned.
• The management plan (yönetim planı) — it sets out the allocation principle, the voting rules and the rules on using the common areas, including any restrictions on short lets and on pets.
• What the charge includes. Establish whether heating, water, internet and refuse collection are covered — "all inclusive" from a seller means nothing.
• The currency of settlement. In complexes with a high proportion of foreign owners, aidat is sometimes denominated in foreign currency; check how that is recorded in the assembly's decision.
• Whether the building has an iskân. An unfinished occupancy permit procedure affects both the management of the complex and the utility subscriptions — see our article on the iskân.
• A standing instruction. If you are only in Turkey intermittently, set aidat up as an automatic debit from a Turkish account — how to open one is described in our article on bank accounts.

Frequently asked questions

Is aidat payable if the apartment is empty?

Yes. The obligation attaches to ownership, not to occupation. The law does not allow you to renounce use of the common areas and stop paying on that basis.

Who pays aidat on a let property?

By law the owner is liable, but the tenant is jointly liable — up to the amount of their rent. How it works in practice is recorded by the parties in the tenancy agreement; as against the complex's management, the owner's liability remains.

What interest accrues on late payment?

The law sets 5% per month for the days of delay. The management plan or an assembly decision may provide for more, but not for less.

Can the management cut off water or electricity over a debt?

It happens, but the courts do not support it: disconnecting supply falls within the powers of the utility companies. The management must recover the debt through enforcement proceedings and the courts.

Do aidat arrears pass under inheritance?

Yes, the deceased's debts pass to the heirs. More on the procedure and on the deadline for renouncing an inheritance in our article on inheriting property.

Can aidat be reduced?

Yes, but only through the proper channels: an objection to the budget within the seven-day window, putting the question to the assembly, and, if necessary, a claim within the prescribed deadlines. Simply stopping payment is the worst option: late payment interest and enforcement proceedings will follow.

Need a hand?

This article is for general information. Case law on common property disputes, contribution levels and complexes' internal rules all change, and the requirements of the land registry and the migration authority all the more so: check the current rules and the specific complex's documents before making decisions.

New Time Investment handles transactions and document processing in Alanya and across Turkey. Before you buy, we will review the complex's management plan and budget, obtain a clearance certificate from the management, and explain what the property will genuinely cost you to run.