Legal Framework: What Does the Condominium Law Say?

The parking area can have different statuses depending on how it is defined in the building's project: common area parking, parking sold as an independent unit, or accessory parking allocated to specific independent units. This classification determines the usage rights of unit owners.

Can the owner of a shop under the apartment building use the parking lot?

Yes, the owner of the business under the apartment building has equal rights with other unit owners and can use the common parking area for their own vehicle. This right cannot be prevented unless there is a contrary provision in the management plan or an allocation decision.

Can business customers park in the common parking area?

If business customers use the common parking area continuously and intensively in a way that prevents other unit owners from benefiting, this is considered an abuse of right and can be prohibited. However, a certain number of spaces may be allocated to business customers by a general assembly decision.

Can management prohibit the business from using the parking lot?

No, management cannot make such a decision on its own. A unit owner's right to benefit from common areas can only be restricted by a management plan amendment or a decision taken with four-fifths of all owners' votes. Contrary decisions are subject to court annulment.

Does the business owner pay additional dues for parking?

If the management plan includes increased dues for businesses, the business owner pays this increased amount. The Condominium Law allows businesses to be charged one or two times more dues compared to residential owners. However, this does not automatically grant the right to use the parking area.

Parking Rights of Businesses Under Apartment Buildings: Legal Framework and Management Practices

Parking Rights of Businesses Under Apartment Buildings: Legal Framework and Management Practices — An important topic in apartment and site management. You can find detailed information within the framework of the Condominium Law and related legislation in this guide.

Legal Framework

The Condominium Law No. 634 and the amendment No. 7579 dated May 22, 2026, constitute the legal infrastructure of apartment management. The rights and obligations of managers and unit owners are regulated by this law.

Implementation Principles

All decisions must be taken at the general assembly and recorded in the decision book
Transparency and documentation are essential
Professional support minimizes the risk of errors

Common Mistakes

Lack of Documentation: Failure to document transactions creates proof problems.

Ignorance of Legislation: Failure to follow current regulations leads to legal sanctions.

KMK Article 4 and Planned Areas Regulation — Parking: At least 1 parking space must be allocated for each independent unit. Parking areas are considered common areas; unit owners have usage rights in proportion to their land share. Different arrangements can be made through the management plan.

Legal Basis and Legislation

As Erdemli Yönetim, we provide legal consultancy and professional management support on this matter.

İmer Yönetim: Professional support in all apartment management processes with 20 years of experience in Mersin. 0533 406 88 08.

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Parking Rights of Businesses Under Apartment Buildings: Legal Framework and Management Practices

Legal Framework

Implementation Principles

Common Mistakes

Legal Basis and Legislation

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