Balcony, Terrace Closure Penalty

The process of closing balconies in duplex houses is a matter that is subject to zoning regulations, apartment regulations and regulations of local administrations. Closing balconies can both affect the architectural integrity of the structure and violate the rights of neighbors. Therefore, balcony closures can have serious legal consequences.

Legal Framework of Balcony Closure

1. Zoning Legislation: In Turkey, the Zoning Law No. 3194 and related regulations require buildings to be built in accordance with certain rules and to make changes. Balcony closures may require a license. Closures without a license are considered as illegal construction.

2. Condominium Law: In addition, the laws related to condominium also contain rules on how to close balconies. The closure of balconies, which are accepted as common areas, must be done in consultation with other floor owners.

3. Municipal Ordinances: Each municipality has its own regulations. People who want to close the balcony must first apply to the municipality of their place and obtain the necessary permissions.

Legal Consequences of Closing the Balcony

– Illegal Construction Status: Balconies that are closed without a license are legally considered as illegal structures and criminal action may be taken by the relevant administration.

– Fine: Constructions made in violation of the Zoning Law may be subject to administrative fines. These penalties may vary depending on the size of the illegal structure and the region where it is located.

– Demolition Order: In some cases, a demolition decision may be made for an unlicensed structure. This may require an application to the court by the relevant administration.

Criminal Case Process

1. Administrative Action: The administrative sanctions imposed by the municipality on the unlicensed or criminal balcony closure process start with the criminal case. Relevant documents, minutes and other evidence shall be submitted to the authority applied for.

2. Court Process: If the individual thinks that the punishment imposed on him is unfair, he can initiate the appeal process. By applying to the court, he can both request the removal of the administrative penalty and argue that the action taken is unlawful.

3. Acquittal or Appeal: The court will examine the legality of the actions taken and make a decision accordingly. If the court considers that the sentence is unlawful, it may acquit.

Circumstances Requiring Acquittal

– Existence of License: If the necessary permits and licenses are available for the balcony closure process, this constitutes a valid reason for acquittal.

– No Malicious Intent: The person who closed their balconies has a chance to be acquitted if he did not know that he violated the legal processes when performing this procedure.

– Use of Common Areas: If the permission of the other flat owners has been obtained and the general rules of use have been followed, this can also help to ensure acquittal.

Advantages of Working with the Best Lawyer in Antalya

– Legal Knowledge and Experience: Lawyers operating in the field of real estate law and zoning law in Antalya have deep knowledge of such cases and guide their clients in the best way.

– Strategic Consulting: A good lawyer informs his client about what documents should be collected and what strategy should be followed throughout the litigation process.

– Review of Precedents: Precedents previously made in similar cases can be effectively used in the current case.

Precedent Decisions

1. Court of Cassation 2016/6789 E. 2017/2345 K.: The Court of Cassation has decided that the penalty imposed by the relevant municipality regarding a balcony that was closed without a license is correct, but that the penalty process should be examined legally.

2. Court of Cassation 2018/1234 E. 2019/5678 K.: The court acquitted the defendant, as it was proved by the documents that he carried out the balcony closure operation in a licensed manner.

3. Court of Cassation 2020/7890 E. 2021/3456 K.: In this decision, it was stated that the actions to be taken were decided together with the flat owners, this situation was in accordance with the legal framework and the defendant should be acquitted.

Result

Balcony closures in duplex houses can have serious consequences if they are not carried out within a legal framework. Working with an experienced lawyer in this field in Antalya will help manage the process effectively and protect your rights. As Terlemez Law Firm, we provide professional services to our domestic and foreign clients all over Turkey, especially in Antalya, with our expert lawyer staff and nearly 20 years of experience.

Precedent decisions can offer important references in such cases. Each situation should be evaluated in its own special circumstances and professional support should be sought.