Aidat in Turkey for Foreign Property Owners: 2026 Legal Rules

What is “aidat” in a Turkish apartment or residential complex?

“Aidat” is the everyday Turkish term used for the periodic contributions collected from apartment or site owners for common expenses. The legal obligation is not created by the word on the invoice; it comes from Condominium Law No. 634, the registered management plan, valid owners’ assembly decisions and the operating budget.

For a foreign buyer, aidat should be treated as an ownership cost, not as an optional club membership. Typical common expenses include personnel, common electricity and water, lift servicing, cleaning, security, garden maintenance, insurance, management expenses, common-system operation, repairs and statutory advances. A large gated site may also have pools, generators, reception services, parking systems and other facilities that increase the operating budget.

The legal question is always whether the amount and allocation comply with Law No. 634, the management plan and valid decisions. A manager cannot turn an unlawful charge into a lawful one simply by sending an invoice. Equally, an owner cannot defeat a lawful common expense merely by being abroad.

Condominium Law Article 20: how common expenses are allocated

Article 20 is the central provision. Unless the owners have agreed otherwise, it separates common expenses into different allocation categories.

The management plan can affect allocation because Article 20 begins with the phrase “unless otherwise agreed among them.” A foreign owner reviewing an aidat demand should therefore obtain the registered management plan, not rely on a sales brochure or an informal explanation from an estate agent.

The land share is the arsa payı shown in the title records. It is not automatically identical to the apartment’s interior square metres. For expenses allocated under Article 20(b), the legally relevant ratio is the land share unless a lawful contrary arrangement applies.

Do you have to pay aidat if the apartment is empty?

Yes, if the charge is a lawful common expense. Article 20(c) directly rejects the argument that an owner may stop paying because the owner has waived use of a common place or facility, or because the owner’s independent unit does not need it.

This rule is especially important for non-resident owners who spend only a few weeks each year in Turkey. An apartment that remains locked for ten months does not leave the condominium regime. The roof still protects the unit, the common structure still requires maintenance, the manager still administers the building and common systems remain part of the property.

The same principle applies to common facilities such as a lift or garden where Article 20 governs the expense. The owner cannot simply announce, “I never use it,” and deduct that part of the budget. A different result requires a legal basis in the statute, management plan or a valid allocation decision; personal non-use by itself is not the statutory basis.

What happens if aidat is not paid? Article 20’s 5% monthly delay compensation

Article 20 authorizes each other condominium owner or the manager to file a lawsuit or initiate enforcement proceedings against an owner who does not pay the common expense or advance share.

The same provision imposes monthly 5% delay compensation for the days of delay on an unpaid expense or advance share. This is a statutory rule and can produce a substantial amount over time. A foreign owner should therefore not ignore management notices merely because there is a dispute over the calculation.

If the owner disputes the charge, the safer approach is to obtain the budget, owners’ assembly resolution, management plan, account statement and calculation, identify the contested legal basis, and take the appropriate procedural step. Silence can allow the claimed principal, delay compensation and enforcement costs to grow.

Where only part of the account is disputed, the undisputed portion should be separated clearly. The merits of any payment strategy depend on the documents and the stage of enforcement; a blanket refusal to pay is not a substitute for a legal objection.

If the apartment is rented, is the foreign owner still liable?

Article 22 provides an additional security mechanism for common expenses. A person who continuously uses the unit under a lease, right of residence or another legal basis is jointly and severally liable for the owner’s Article 20 common-expense and advance debt and delay compensation. For a tenant, however, the statutory responsibility is limited to the rent amount the tenant is required to pay, and a payment made to the management is deducted from the rent debt.

This means a lease clause saying “the tenant pays aidat” does not erase the condominium management’s statutory rights against the owner. The lease governs the internal allocation between landlord and tenant; Condominium Law Articles 20 and 22 govern the management’s statutory collection framework.

Major structural or ownership-related expenses may also require a separate landlord-tenant analysis under the lease and the Turkish Code of Obligations. The fact that an invoice uses the single label “aidat” does not prove that every component ultimately belongs to the tenant as between landlord and tenant.

Article 22 further permits a statutory mortgage mechanism if the debt cannot be collected, subject to the statutory conditions and court determination. Common-expense arrears should therefore be reviewed before buying or selling a unit.

What changed in 2026? Law No. 7579 and Condominium Law Article 37

Law No. 7579, adopted on 7 May 2026 and published in the Official Gazette on 22 May 2026, amended Condominium Law Articles 35, 37 and 70. For common charges, the most important change is the new operating-budget system in Article 37.

Article 37 now states that the operating budget is approved by the owners’ general assembly. If there is no operating budget approved by the owners’ assembly, the manager must promptly prepare a provisional operating budget that applies until the assembly approves a budget, and the statute requires assembly approval within three months at the latest.

The operating budget must show the estimated income and expenses for one year, the estimated amount attributable to each owner under Article 20, and the advance each owner must provide under Article 20.

The 2026 amendment also added a specific ceiling for a provisional budget where an existing operating budget is still in force. In that situation, the amount foreseen for the provisional budget cannot exceed the existing operating-budget amount increased by the revaluation rate determined and announced under repeated Article 298 of the Tax Procedure Law, and the provisional budget must be submitted to the owners’ assembly under the statutory procedure.

This rule is often misunderstood. It is not a general statutory cap on every aidat increase approved by the owners’ assembly. The wording of Article 37 links the revaluation-rate ceiling to the manager’s provisional operating budget in the stated situation. A foreign owner challenging an increase should first determine whether the amount comes from an assembly-approved operating budget or from a provisional budget prepared by the manager.

The amendment also changed Article 35(1)(d), tying the manager’s collection of advances to the period until approval of the operating budget, and amended Article 70 concerning management-plan majorities. The exact legal route depends on which management act is being challenged.

Can a foreign owner challenge an excessive or unlawful aidat?

Yes. Foreign nationality does not reduce the rights of a condominium owner. The owner can challenge a charge when there is a concrete legal defect: for example, allocation contrary to Article 20, lack of authority, non-compliance with the management plan, an invalid owners’ assembly decision, or a provisional operating budget that violates the post-May 2026 Article 37 rules.

The first step is documentary. Request and preserve:

• the registered management plan;
• the owners’ assembly notice and minutes;
• the operating budget or provisional operating budget;
• the detailed expense table and invoices where relevant;
• the owner’s account ledger;
• the calculation of any 5% monthly delay compensation;
• proof of prior payments;
• all written management notices and messages.

Do not assume that an “expensive” fee is automatically unlawful. A site with major repair works can lawfully have high expenses. The legal issue is whether the expense, decision, budget and allocation comply with the statute and management plan.

Can the site management start enforcement against an owner abroad?

Yes. Article 20 expressly authorizes enforcement proceedings for unpaid common expenses and advances. The fact that the owner lives outside Turkey does not extinguish the debt or prevent Turkish enforcement against assets in Turkey.

Article 37 also states that finalized operating budgets or owners’ assembly decisions concerning operating expenses are among the documents referred to in Article 68(1) of the Enforcement and Bankruptcy Law. This gives condominium management an important evidentiary basis in enforcement proceedings.

Service of process becomes especially important when the registered owner resides abroad. A non-resident owner should keep a reliable system for receiving management and legal notices. Missing an official notification can cause procedural deadlines to expire even while the owner is physically outside Turkey.

Is mediation mandatory before a condominium lawsuit?

For disputes arising under Condominium Law No. 634, Article 18/B(1)(c) of the Mediation in Civil Disputes Law No. 6325 makes an application to mediation a condition for filing a lawsuit. This regime has applied since 1 September 2023.

The requirement concerns lawsuits within the statutory scope. It should not be confused with every enforcement-stage remedy, which may follow separate procedural rules. Before filing a court action over condominium-law charges, assembly decisions or management disputes, the correct procedural route must be identified and the mediation condition complied with where applicable.

Mediation can be handled through counsel when representation is valid. For an owner abroad, this often avoids unnecessary travel and permits documents and settlement figures to be evaluated in Turkey.

How can a non-resident owner manage aidat disputes from abroad?

A foreign owner does not normally need to travel to Turkey for every management issue. The owner can authorize a Turkish lawyer or another representative within the scope of a valid power of attorney to obtain records, communicate with management, participate in relevant procedures and handle litigation or enforcement steps where the authority granted is sufficient.

Our guide on issuing a power of attorney for a lawyer in Turkey from abroad explains the document process. Foreign documents used in Turkey may require apostille or legalization and certified translation; see apostille and certified translation for foreign documents.

For buyers who are still at the acquisition stage, the building’s management plan, current operating budget and outstanding aidat should be checked together with the title record. Our separate guide on condominium ownership and construction servitude for foreign buyers explains the title-status distinction.

Foreign owner checklist before paying or disputing a fee

1. Confirm the legal owner and unit. Match the invoice to the title deed and independent unit.
2. Obtain the management plan. Check whether it contains a lawful different allocation from the Article 20 default.
3. Identify the budget source. Determine whether the amount comes from an owners’ assembly-approved budget or a manager’s provisional budget.
4. Apply the 2026 rule correctly. Do not treat the revaluation-rate ceiling as a universal cap; test whether Article 37’s provisional-budget condition exists.
5. Separate expense categories. Personnel expenses and land-share expenses may use different allocation methods under Article 20.
6. Check prior balances. Ask for a unit ledger and proof of payments.
7. Recalculate delay compensation. Article 20 sets monthly 5% delay compensation for days of delay.
8. Review tenant arrangements. Article 22 and the lease may allocate liability differently between management, owner and tenant.
9. Preserve notices. Service and procedural deadlines matter in enforcement and litigation.
10. Use mandatory mediation when required. Condominium-law lawsuits fall within Law No. 6325 Article 18/B.

Official legal sources

• Condominium Law No. 634 — especially Articles 20, 22, 35 and 37.
• Official Gazette, 22 May 2026, Law No. 7579 — 2026 amendments to Articles 35, 37 and 70.
• Law No. 6325 on Mediation in Civil Disputes — Article 18/B.

Frequently Asked Questions

Do foreign apartment owners in Turkey have to pay aidat?

Yes. Foreign ownership does not create an exemption. Lawful common expenses and advances are payable under Condominium Law Article 20.

Do I still pay if I live abroad and never use the apartment?

Yes. Article 20 prevents an owner from avoiding common costs by waiving use of common places or claiming that the unit does not need the facility.

Is aidat divided equally between all flats?

Not always. Under the statutory default in Article 20, specified personnel costs are shared equally, while insurance, common-area maintenance, strengthening, repair, manager and common-facility operating expenses are shared according to land share unless there is a lawful different agreement.

Can site management charge 5% interest every month?

Article 20 provides monthly 5% delay compensation for the days of delay on unpaid common expense or advance shares. The claimed principal and delay calculation should still be checked against the lawful budget, payment history and relevant dates.

Did Turkey cap all aidat increases in 2026?

No. The new Article 37 ceiling concerns the amount in a manager’s provisional operating budget where an existing operating budget remains in force. It is not worded as a universal ceiling on every budget approved by the owners’ assembly.

Who approves the operating budget after the 2026 amendment?

The owners’ general assembly approves the operating budget. If no approved budget exists, the manager prepares a provisional budget until assembly approval, which the statute requires within three months at the latest.

Can the manager pursue a foreign owner in enforcement proceedings?

Yes. Article 20 expressly permits enforcement proceedings for unpaid common expenses and advances. Living abroad does not erase the debt.

Can the tenant be asked to pay the owner’s aidat debt?

Article 22 makes a continuous user, including a tenant, jointly and severally liable within the statutory framework. A tenant’s liability is limited to the rent due, and payment to management is deducted from rent.

Can a condominium debt lead to a mortgage on the unit?

Article 22 provides a statutory mortgage mechanism for a court-determined unpaid debt when the debt cannot be collected, subject to the conditions in the provision.

Must I mediate before suing the site management?

For disputes arising under Condominium Law No. 634, Law No. 6325 Article 18/B makes mediation a condition of filing a lawsuit. The exact procedural route should be checked for the specific dispute.

Can I handle the dispute from abroad through a lawyer?

Yes, procedural and management steps can generally be handled through a properly authorized representative. The power of attorney must contain the authority needed for the acts to be performed.

Conclusion

For foreign property owners, aidat is a legal ownership obligation with a precise statutory structure. Article 20 determines the default allocation and imposes 5% monthly delay compensation; Article 22 strengthens collection against users and creates additional security; and the 2026 amendment to Article 37 places operating-budget approval with the owners’ assembly while regulating a manager’s provisional budget. A non-resident owner should therefore review the management plan, budget, assembly decisions, allocation method and payment history before either paying a disputed demand or refusing it.