What can be done about a noisy neighbor?

Noisy Neighbors | Neighborhood Law | Attorney Dilek Yavuz Uysal

What can be done about a noisy neighbor?

Condominium Law– According to Article 18 of the Condominium Law, neighbors, whether tenants or landlords, are obligated to "not disturb each other, adhere to principles of fairness, not infringe upon each other's rights, and comply with the management plan." Condominium owners may disturb their neighbors due to renovations and furnishings. This disturbance may sometimes manifest as loud work, or sometimes as renovations starting in the early hours of the day. So what can we do in this situation?

1. The management plan establishing condominium ownership必ず includes rules and restrictions regarding noise and alterations (for example, loud music is not allowed, carpets cannot be shaken from the balcony, etc.). Before taking any action, you can review the management plan to determine if there are any violations. If there are violations, you can file a lawsuit to remedy the violation and, if the conditions are met, claim compensation for moral damages.
2. If the person causing the disturbance is a tenant, you can inform the landlord and request that the tenant be warned to cease the disruptive behavior.
3. Under the Law on Minor Offenses, you can file a complaint with law enforcement or municipal police to ensure that the person making the noise is penalized with an administrative fine. 
4. If you discover during renovations that the addition of a balcony to the apartment, combining rooms, etc., violates the building's approved zoning plan and architectural project, you can file a complaint with the municipality to initiate the process of removing the illegal structure; you can also file a criminal complaint for causing zoning violations. 
5. If you detect any situation during renovations that violates occupational health and safety measures or endangers human life, you can file a complaint with the Provincial Directorate of the Turkish Ministry of Labor and Social Security. 
6. If the renovation is being carried out by a neighbor, directly employing workers, and no temporary workplace file has been opened with the Social Security Institution (SGK), you can file a complaint with the Provincial Social Security Directorate for investigation. 
7. If your neighbor continues to behave in the same way despite receiving an administrative fine, the last resort is to go to court. You can apply to the local civil court to have your neighbor prohibited from making noise. The court can issue an injunction, including conducting a decibel measurement. If your neighbor's noise level exceeds the values set by the Ministry of Environment and Urbanization, an injunction will be issued prohibiting them from making noise.
8. If your neighbor continues to cause disturbance despite the restraining order, you can file a complaint with the prosecutor's office. You can press charges under Article 123 of the Turkish Penal Code, which concerns "disturbing the peace and tranquility." The penalty for this crime is imprisonment from three months to one year. Depending on the evidence, a case may be opened and your neighbor may be punished.
9. The law provides for the purchase of the property as a last resort. According to Article 25 of the Condominium Law, titled "Obligation to Transfer Condominium Ownership," if a neighbor is causing disturbance, violating the rights of others, and these behaviors have become "unbearable," the complaining condominium owners can request the court to transfer the ownership rights of that neighbor to them. In short, all the neighbors can unite and purchase the apartment of the neighbor who is "making apartment life unbearable" through court proceedings.

If someone is constantly making noise and disturbing other neighbors, or causing disturbance due to renovations, there are several options available to you: contacting the police, filing a criminal complaint with the prosecutor's office, requesting a restraining order from the court, or notifying the building manager or landlord. These options are optional and not subject to any particular order. For example, you can first report a noisy neighbor to your building manager, or you can directly report them to the prosecutor's office in accordance with the relevant articles of the Turkish Penal Code. 

For legal advice on this matter, please contact our expert team. Contact page.

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