New rules for residential complex maintenance fees from the Turkish Parliament

The Grand National Assembly of Turkey (TBMM) has approved new legal regulations that closely concern residents and tenants of residential complexes. With the acceptance of 11 articles of the 'Draft Law on Amendments to the Land Registry Law and Certain Laws and Decree-Law No. 375', significant steps have been taken to bring exorbitant residential complex maintenance fees under control.

Furthermore, with the changes made, regulations concerning many areas from land registry procedures to environmental management are being implemented. Thanks to the innovations made in the Mass Housing Law, the application process for real estate sales is being simplified, and the way is being paved for conducting transactions in an electronic environment. Formal requirements will not be sought in real estate sales processes; application documents can be completed electronically or via remote communication. Additionally, in the event of death, if heirs do not submit official documents, the Housing Development Administration (TOKİ) will have the right to apply directly to the court or a notary. The Administration will also be exempt from the obligation to deposit collateral in lawsuits and enforcement proceedings opened due to its duties.

The Ministry of Environment, Urbanization and Climate Change will be authorized to make decisions regarding transfers or urgent expropriations in new social housing projects. The Ministry or the Housing Development Administration will undertake the expropriation procedures for the properties in question.

SANCTIONS ON ENVIRONMENTAL SERVICES ARE BEING INCREASED

The articles accepted in Parliament also bring important innovations regarding environmental legislation. With the regulation made in line with the Constitutional Court's annulment decision, the definition of "environmental consultancy firm" has been redefined, and the concept of "authorized person" has been added to the legislation. Accordingly, individuals who have graduated from relevant departments of science or engineering faculties of universities and are authorized by the Ministry will be able to provide environmental management services.

Environmental consultancy firms will prepare all kinds of reports and technical documents and will be obliged to report non-conformities in monthly activity reports to the Ministry. While the administrative fine to be applied to institutions, organizations, and businesses that do not receive environmental management services, do not establish an environmental management unit, or do not receive services from consultancy firms has been set at 209 thousand 624 liras, a fine of 139 thousand 746 liras will be applied to those who do not employ an environmental engineer or an authorized person.

Procedures and principles regarding the environment will be regulated by regulations to be issued by the Ministry. An administrative fine of 75 thousand liras will also be imposed on consultancy firms that do not comply with the practices. In addition, according to the penalty point system introduced for those providing environmental management services, if they reach 100 points within 4 years, their qualification certificates will be suspended for 180 days. The certificates of firms that exceed 200 points in the same period will be invalid for two years.

In the ongoing process, all institutions and organizations carrying out activities that may harm the environment will be required to receive environmental management services and act in accordance with decision-making processes. With the new regulation, attention is once again drawn to environmental responsibility, and it is seen that sanctions have been increased to deterrent levels.