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The Law on Amending the Land Registry Law, Certain Other Laws and Decree Law No. 375 (“Omnibus Law”) was adopted and enacted by the Grand National Assembly of Türkiye on 7 May 2026. The Omnibus Law introduces significant amendments, particularly in relation to the management of apartments and residential complexes and the implementation of maintenance fee practices. The key provisions are as follows:
New Era for Maintenance Fees and Advance Payments
Prior to the Omnibus Law, managers were entitled to collect advance payments from condominium owners for common expenses in the amounts they deemed necessary and to request additional advance payments when needed. The Omnibus Law limits this authority - managers may now collect advance payments only until the approval of the operating budget.
Previously, if the operating budget was not approved by the condominium owners’ board, it could be prepared directly by the managers. The new legislation now requires the condominium owners’ board to approve the operating budget within three months at the latest. During this period, managers may only prepare a provisional operating budget, which should clearly specify the amount of advance payments to be collected from condominium owners. In sum, the managers’ discretion over increases in maintenance fees and advance payments is limited to prevent arbitrary practices.
Revaluation Rate Cap for Provisional Operating Budgets
A cap has been introduced for advance payment amounts to be applied under temporary operating budgets. Accordingly, the advance payment amount under a provisional operating budget may only be increased by up to the revaluation rate over the previous year’s advance payment amount.
When there is already an operating budget in place, the amount to be set under the provisional operating budget will be determined based on the existing operating budget and may not exceed the annual revaluation rate applied to the previous year, subject to the approval by the condominium owners board. This amendment aims to prevent uncontrolled and excessive increases in maintenance fees and advance payment amounts.
Decision-Making Threshold Lowered for Management Plan Amendments
The Omnibus Law also amended the quorum required for amendments to management plans in mass buildings’ complexes. Under the previous regime, a four-fifths majority was required to amend a management plan. The amendment provides that the affirmative vote of two-thirds of the total number of independent units represented at the mass buildings’ condominium owners’ board will be sufficient. Provisions concerning provisional management may also be amended with the approval of two-thirds of the independent unit owners. The amendment is intended to facilitate faster and more practical decision-making in large-scale residential complexes and mass buildings.
Other notable amendments introduced by the Omnibus Law are as follows:
- Real estate valuation reports prepared by authorized valuation institutions, regardless of the reason for their issuance, will be submitted electronically and free of charge directly to the General Directorate of Land Registry and Cadastre on the date of issuance. This aims to provide more effective monitoring of actual sale prices in real property transfers and to reduce tax losses.
- Public procurement decisions relating to social housing projects tendered by the Housing Development Administration until 31 December 2027, as well as construction works tendered together with such housing projects and agreements executed between the Ministry of Environment, Urbanization and Climate Change and contractors will be exempt from stamp tax.
- Housing cooperatives carrying out phased construction projects will not be allowed to transfer title deeds for allocated independent units before completion of all planned construction works.
- In buildings with an occupancy permit, periodic fire safety inspections may be conducted upon application by the building owner. Any deficiencies identified during such inspections must be remedied within six months.
- The buildings assigned to inspectors working of building inspection firms, as well as duration of their services, will be monitored through an electronic. Inspectors’ names and signatures will no longer be included in construction licenses.
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