Is Glass Balcony Enclosure Legal in Apartments and Residential Communities? (KMK and Court Precedents)

For property owners and residents looking to enclose their balconies with glass systems, the most critical question is: "Do I need permission from my neighbors or the management?"

Based on the Condominium Law No. 634 (KMK) and established judicial precedents from the Court of Cassation (Yargıtay), we have summarized the legal requirements and procedures to follow before installing a glass balcony.

1. Are Balconies Considered Common Areas?

According to the KMK, while balconies designated for an independent unit are for the private use of that property owner, the building's exterior facade and overall architectural integrity are classified as common areas. Consequently, alterations made on a balcony that affect the external appearance of the building cannot be decided unilaterally by a single owner.

2. Legal Consent Requirement: 4/5 Majority (KMK Article 19)

Under Article 19 of the Condominium Law, no property owner may construct, repair, install, or alter the exterior appearance of the main property's common areas without the written consent of four-fifths (4/5) of all property owners.

• Board Decision: Before installing a glass balcony, a formal decision must be made at the Board of Owners meeting, or written permission must be collected from 4/5 of all property owners.

• Management Plan: If the property's management plan explicitly permits balcony enclosures under specific guidelines (e.g., foldable/retractable glass), installation can proceed in line with those standards without requiring an additional vote.

3. Folding Glass vs. Permanent PVC Enclosures

• Folding / Retractable Glass Systems: Even though foldable glass systems do not alter the main structural load-bearing elements, courts still apply the 4/5 majority rule because they alter the uniform exterior facade.

• PVC / Fixed Framed Enclosures: Enclosing a balcony using PVC frames, brickwork, or permanent walls converts it into a fixed indoor area and strictly requires both a 4/5 majority vote and an official architectural plan modification.

4. What Happens If Installed Without Consent? (Restoration Lawsuits)

If a glass balcony is installed without written consent, any neighboring property owner can file a lawsuit in the local Civil Court of Peace (Sulh Hukuk Mahkemesi) requesting the "prevention of interference" and demanding the restoration of the balcony to its original state (removal of the glass).

Courts consistently rule in favor of removing glass balcony enclosures that were installed without the required legal consent.

Frequently Asked Questions

• Can the property manager grant permission on their own?

  No. The manager does not hold individual authority to grant approval. Decision-making authority belongs exclusively to the Board of Owners or requires 4/5 written consent.

• Is it allowed if all residents adopt the same model and color?

  If the Board of Owners officially decides on a single color, model, and standard type and records it in the decision book, both architectural uniformity is maintained and legal compliance is fully met.