New regulations aimed at tackling excessive maintenance fees in apartment buildings and residential complexes across Türkiye are expected to limit arbitrary fee increases and reduce disputes between property owners, tenants and site managements, according to real estate lawyers and industry representatives.
The measures are included in a recently enacted law amending the Land Registry Law and several related regulations. The legislation, prepared by the Ministry of Environment, Urbanization and Climate Change, was published in the Official Gazette.
While provisions concerning ground and foundation survey organizations will take effect on Dec. 31, 2026, the remaining amendments entered into force on May 22.
The changes come amid growing concerns over rising maintenance fees, particularly in large residential complexes where residents have complained about high charges and limited oversight of management decisions.
Ali Güvenç Kiraz, president of the Real Estate Law Association, said the amendments to the Condominium Ownership Law address long-standing concerns related to apartment and residential complex managements.
Kiraz said managements previously had broad authority to prepare operating budgets that formed the basis of maintenance fees, often without an effective upper limit. As a result, tenants could face high charges while property owners had limited options until a general assembly meeting was held.
He noted that low participation in general assembly meetings often enabled managements to implement decisions with limited oversight, contributing to disputes over fees.
Under the new regulation, managements may prepare temporary operating budgets that remain valid for a maximum of three months. During this period, fee increases cannot exceed the official revaluation rate.
Property owners must then hold a regular or extraordinary general assembly meeting within 3 months to determine future maintenance fees.
Kiraz said the fees approved by the assembly will apply to subsequent periods, giving property owners greater authority over long-term budget decisions.
Real estate law expert Ali Yüksel highlighted another major change involving advance payments collected by apartment and site managers.
According to Yüksel, under the previous system managers could collect advance payments for anticipated expenses without obtaining approval from property owners and could request additional advances when those funds were exhausted.
He said the practice often escaped oversight because many property owners did not attend meetings, while tenants had no right to object to the requested amounts.
The new regulation removes the authority of managers to repeatedly collect advances on their own initiative. Once an operating budget is approved by property owners, the advance payment practice will end.
Yüksel said the amendments strengthen the role of property owners in approving operating budgets while limiting managers' ability to impose arbitrary fees.
He added, however, that the legislation does not impose an upper limit on fee increases approved by property owners through a general assembly, which means owners can still decide on higher increases if necessary.
The amendments also lower the majority required to amend management plans in large residential developments from four-fifths to two-thirds.
The requirement for individual apartment buildings remains four-fifths. Experts say the change could make decision-making easier in larger residential communities.
Suat Sandalcı, president of the Turkish Urban Facility Management Association (TRKTYD), said the regulations represent an important step for the management of apartment buildings and residential complexes.
He said the new framework limits fee increases imposed outside the authority of property owners' assemblies and provides greater protection for residents. The changes are also expected to increase accountability and transparency in management practices.
Sandalcı noted that the reforms could serve as a foundation for future legislation focused specifically on residential site management. Potential future measures may include licensing requirements, certification systems and auditing standards for management companies.
Real estate lawyer Çiğdem Kezer said the regulations are also intended to reduce disputes that have increasingly reached civil courts in recent years.
She said excessive maintenance fee increases, management plan amendments and disagreements over common areas have been among the issues leading to legal conflicts between property owners, tenants and management bodies.
According to Kezer, the new framework seeks to protect property owners' rights by ensuring that key decisions are made through more democratic procedures and by limiting arbitrary changes to management plans.
She added that the regulations are expected to strengthen legal protections regarding maintenance fee calculations, common area use and rental restrictions.
Kezer cautioned that while the reforms aim to reduce disputes in the long term, the short term could see an increase in legal challenges, including objections to maintenance fees, disputes over management authority and requests for extraordinary general assembly meetings as stakeholders adapt to the new rules.
