The neighboring unit is undergoing renovation, and I'm disturbed by the noise. What can I do?

First, notify the apartment manager. The manager can intervene under KMK Article 18. If the renovation is being done outside legal hours, you can file a complaint with the municipality and municipal police. According to the Environmental Noise Regulation, the noise limit in residential areas is 55 dB.

A new construction has started next to our apartment. What rights do we have?

Check with the municipality whether the construction has a legal permit. If there is unlicensed construction, immediately file a complaint with the municipality. Keep records of damages caused by the construction (dust, noise, vibration). You can file a compensation lawsuit at the Civil Court of Peace for loss of value and material damages.

Can construction work continue on weekends?

As a general rule, noisy construction and renovation work is prohibited on weekends and public holidays. Working hours are typically on weekdays between 08:00-19:00. Some municipalities allow limited hours on Saturdays. Sunday work is strictly prohibited.

My apartment has been damaged due to construction. Can I get compensation?

Yes, you can claim compensation for damages to your apartment caused by construction work. Document the damage with photos and videos, obtain an expert report, and send a formal notice via registered mail to the contractor. If an agreement cannot be reached, you can file a compensation lawsuit at the Civil Court of Peace.

Your Rights When There Is Construction or Renovation Near Your Apartment Complex

Your Rights When There Is Construction or Renovation Near Your Apartment Complex — Construction and renovation work that begins near your apartment or complex can cause issues such as noise, dust, vibration, and loss of property value. In this guide, we explain your legal rights and remedies in detail.

1. Legal Framework: Which Laws Protect You?

Your rights against construction and renovation activities are primarily protected by the following laws:

Condominium Law (KMK) Article 18: Obligation of unit owners to protect common areas and act in accordance with neighborly relations
Turkish Civil Code Article 737: Neighbor law and prohibition of excessive nuisance
Environmental Noise Assessment and Management Regulation: Noise limit values
Zoning Law: Building permits and construction inspection
Code of Obligations Article 49: Tort liability and compensation

2. Check Whether the Construction or Renovation Is Legal

The first step is to check whether the construction or renovation is being carried out within the legal framework before filing a complaint. Verify the building permit from the municipality's zoning directorate. You can immediately file a complaint with the municipality for unlicensed constructions.

Important: The municipal council may issue a demolition order for unlicensed or non-compliant constructions. In such cases, you can also file a criminal complaint with the Public Prosecutor's Office.

3. Noise Complaints: Decibel Limits and Legal Working Hours

According to the Environmental Noise Regulation, the acceptable noise level in residential areas is 55 dB during the day and 45 dB at night. Construction and renovation work can generally be carried out on weekdays between 08:00-19:00. Noisy work is prohibited on Sundays and public holidays.

For Noise Complaints: You can file a complaint with the municipal police, the Provincial Directorate of Environment and Urbanization, or directly with the 112 Emergency Call Center. Seek support from the Chamber of Environmental Engineers to measure noise levels.

4. Dust and Environmental Pollution Complaints

Dust from construction sites threatens environmental health. You can request dust measurement by applying to the municipality's environmental protection unit. The construction company is required to take dust prevention measures (screening, watering).

5. Material Damage and Loss of Value Compensation

If damage occurs in your unit or common areas due to construction work:

Document the damage with photos and videos
Obtain a report from a civil engineer or expert witness
Send a formal notice via registered mail to the contractor
If no agreement is reached, file a compensation lawsuit at the Civil Court of Peace
Obtain a real estate appraisal report for the apartment's loss of value

KMK Article 18 — Protection of Common Areas: Unit owners must use common areas and independent units with care and act in accordance with neighborly relations. Other owners may file a lawsuit against an owner who violates this obligation.

6. Authorities for Application and Complaint Process

You can submit your complaints to the following authorities in order:

Apartment/Complex Manager: First point of application. The manager can intervene under KMK Article 18.
Municipal Police: For noise, working hour violations, and permit checks.
Provincial Directorate of Environment and Urbanization: For environmental impact assessment and noise measurement.
Civil Court of Peace: For compensation, injunction, and restoration lawsuits.
Public Prosecutor's Office: For unlicensed construction and zoning pollution offenses.

7. Legal Remedies to Stop Construction

To completely stop the construction, you can file a "prevention of interference" (injunction) lawsuit at the Civil Court of Peace. You can request an interim injunction from the court to temporarily halt the construction. It is mandatory to apply for mediation before filing a lawsuit.

İmer Yönetim: We provide professional legal consultancy for your construction and renovation-related issues, manage your complaint processes, and take all necessary steps to prevent loss of rights.

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