How to Get Balcony Permit from City?

How to Obtain Balcony Permission from the Municipality? Step-by-Step Guide

Obtaining balcony permission from the municipality is a mandatory requirement for a legal and safe balcony construction. Any alterations made to the building must comply with zoning laws and local regulations. This process is crucial for both building safety and neighborly relations.

To construct a balcony, it is necessary to prepare a renovation project and obtain permissions under the Condominium Ownership Law. This guide details the legal procedures involved in acquiring balcony permission, the stages of obtaining approval from condominium owners, and the necessary steps for municipal application. It will also address the risks and penalties associated with unauthorized balcony construction.

Legal Procedures Required for Balcony Permission

The legal procedures for balcony construction require a comprehensive process, necessitating approvals from multiple institutions. These procedures are of great importance for the safety and legal compliance of the building.

Requirements of the Condominium Ownership Law

According to Law No. 634 on Condominium Ownership, the approval of condominium owners is required for balcony construction. A written consent from at least four-fifths of the condominium owners is mandatory for modifications in common areas. However, in cases requiring substantial changes to the architectural project of the building, a unanimous vote from all condominium owners is required.

Municipal License Application Process

To obtain balcony permission from the municipality, the following steps must be followed:

1. Preparation of the application letter
2. Acquisition of title deed and identification documents
3. Submission of the architectural project
4. Completion of static calculations
5. Municipal review process (30 days)
6. Making changes to the architectural project

Documents Required for Architectural Project Changes:

• Approved architectural project of the existing building
• Change project and technical drawings
• Static project and calculations
• Approval from a building inspection firm
• 
  

For the project to be approved by the municipality, the proposed balcony must align with the architectural integrity of the building and comply with zoning regulations. Additionally, the static project must also be deemed suitable for building safety.

The most crucial aspect of balcony construction is the thorough completion of all legal procedures. Unauthorized balconies may be subject to demolition orders and fines. Therefore, it is advisable to seek assistance from a professional architecture firm while preparing the renovation project.

Process of Obtaining Permission from Condominium Owners

One of the most critical stages in obtaining balcony permission is acquiring the necessary approvals from condominium owners. This process must be conducted according to specific rules outlined in the Condominium Ownership Law.

Obtaining the Decision from the Condominium Owners' Assembly

The condominium owners' assembly is the primary authority responsible for decision-making regarding changes in the building. The assembly meeting can be conducted in two ways:

• Regular meetings held at least once a year
• Extraordinary meetings for significant matters

A meeting notice must be sent in writing to all condominium owners at least 15 days in advance. Each condominium owner has one vote regardless of the number of independent sections they own.

Majority Voting Requirement for Balcony Construction

The approval ratio required for balcony construction varies depending on the nature of the modifications:

• For simple balcony enclosure procedures, written consent from four-fifths of the condominium owners is sufficient.
• For substantial renovations that alter the architectural project, unanimous consent from all condominium owners is necessary.

Preparation of the Permission Document

When preparing the permission document, the following points must be taken into consideration:

• Identification information of all condominium owners
• Detailed description of the proposed changes
• Signatures of approving owners
• Date information
• Any special conditions or restrictions
• 
  

Important Note: Modifications made without the condominium owners' assembly decision can lead to legal issues and financial losses in the future. Therefore, obtaining and retaining all permissions in writing is crucial.

The obtained permits should also be used in the application for the renovation project submitted to the municipality, so it is recommended that documents are notarized. Additionally, if there are specific provisions regarding balcony modifications in the management plan, those must also be taken into account.

Application to the Municipality and Steps for Obtaining a License

The application process for balcony permission to the municipality is a significant stage that requires careful preparation and planning. Ensuring that all documents are complete is vital for a smooth application process.

Preparation of Required Documents

The essential documents to be submitted to the municipality include:

• Application letter and photocopy of identification
• Current title deed
• Architectural project (4 sets)
• Static project and calculations
• Contract with a building inspection organization
• Consent document from condominium owners
• Application sketch
• Construction area account and declaration

Application Process

The application made to the municipality is evaluated within a legal period of 30 days. The steps to be followed during the application process include:

1. Submission of documents to the municipal zoning department
2. Technical examination of the projects
3. Notification of any missing documents within 15 days
4. Issuance of the permit within 15 days after completing the missing documents

Permit Fees and Duration

The permit fee is determined based on the size and nature of the project. The validity period of the construction permit is two years, during which construction must commence. Key points include:

• The construction must be completed within five years.
• If the period is exceeded, the permit must be renewed.
• No additional fees are charged for plan amendments.
• Additional fees are calculated for increases in balcony area.

It is advisable to contact the architect who previously approved the project during the permit application process. Once the project is approved, a construction permit can be obtained from the municipality. If the application is denied, a site inspection can be requested for a re-application.

Risks and Penalties of Unauthorized Balcony Construction

Constructing a balcony without permission carries significant legal repercussions. Balconies built in violation of regulations can lead to both financial losses and legal issues.

Demolition Decision and Implementation

The municipal council may issue a demolition decision for unauthorized balconies under Article 32 of the Zoning Law No. 3194. This process includes the following stages:

1. Preparation of a construction cessation report
2. A one-month legal notice period
3. Decision of the council
4. Notification of the demolition decision
5. Recovery of costs from the property owner

Important: Filing a lawsuit against the demolition decision does not automatically halt the demolition process. However, a stay of execution order may be obtained from the court.

Fines

Fines for unauthorized balcony construction are determined based on the nature of the structure and the type of violation. Penalties are categorized into three main headings:

1. Basic Penalty: Calculated per square meter for construction done without a permit.
2. Increased Penalty: In addition to the basic penalty, an increase of up to 180% may be applied for each violation.
3. Additional Penalty: An extra penalty is imposed if the violation is not rectified within one month.

Fines are applied separately to the property owner, contractor, and responsible professionals who did not report the violation. The penalty amounts are adjusted annually based on the revaluation rate.

Neighbors' Right to Sue

Condominium owners have two different avenues to address unauthorized balcony construction:

• Complaint to the Municipality: Neighbors can report the illegal construction to the municipality to initiate action.
• Legal Action: They have the right to file a lawsuit in Civil Courts, which may include:
• Request for restoration to the previous state
• Compensation for damages
• Request for a demolition order

Caution: Lawsuits filed for restoring architectural modifications to their original state are not subject to any time limitation. According to the Council of State decisions, situations affecting the building’s structure during balcony enclosure processes are of particular importance.

Unauthorized balcony construction does not constitute the crime of "Causing Zoning Pollution" under Article 184 of the Turkish Penal Code. However, administrative sanctions may be imposed by the municipal council. Therefore, it is crucial that balcony renovation projects are conducted in compliance with legal procedures.

Conclusion

The process of obtaining balcony permission from the municipality is a comprehensive procedure that requires careful adherence to legal protocols and approval from condominium owners. Properly preparing the necessary documents, organizing the architectural project correctly, and obtaining the municipal permit are of utmost importance. The permissions obtained from condominium owners under the Condominium Ownership Law are fundamental elements that ensure the smooth progression of the process.

Failure to comply with legal procedures in balcony construction can lead to demolition orders and fines, highlighting the seriousness of this process. Seeking assistance from a professional architecture firm and managing all stages professionally prevents time loss and mitigates potential legal issues. Successfully completing balcony projects is vital for the safety of the building and the preservation of neighborly relations.