December 2007

The Flat Ownership Act was amended on the 14.11.2007. One of the most significant amendments in the act is that any flat owner will not be entitled to carry out additional construction, repair, installation or painting in common areas of the building unless four fifth of the flat owners give their consent in writing for renovation.

The Act seeks to resolve multidimensional problems related with mass housing and to ensure that new buildings are erected in compliance with technical and social needs of people and are earthquake resistant. Pursuant to the Act, every flat owner or owner of flat easement can resort to litigation to rearrange their land shares in case if their land shares were not assigned in proportion of their independent shares.

It is also provided in the Act that in case of a completed building on land with flat easement, flat ownership should be established within one year of the granting of permission for use of the building.

Any flat owner will not be entitled to carry out additional construction, repair, installation or painting in common areas of the building unless four fifth of the flat owners give their consent in writing for renovation. However, in the event of a court decision stating that the main building requires urgent retrofitting or main building needs consolidation, consent of the flat owners will not be sought for such retrofitting or consolidation.

Bringing an action against a flat owner for the purpose of the transfer of the title of his/her flat to other flat owners in proportion of their shares paying him/her the value of the flat on the date of the action will depend, if not agreed otherwise, on the decision of the flat owners who have the majority of votes and land shares.

Pursuant to the temporary provision in the Act, for buildings where flat easement was established, construction was completed and permission for use of the building was granted, the establishment of flat ownership within two years of the coming into force of this Act will be obligated.