Didim Today

I own a flat in Istanbul in an area that is central but still mainly residential. The tapu [land deed] is of the type where we own shares in the whole building rather than separate titles to our flats.

Last year the owner of the shop on the ground floor of our building converted it into a cafe/bar. He approached me after he had done this to say that the Belediye [municipality] needed my permission for him to sell alcohol. I signed the permission for him to sell alcohol.

Unfortunately, the bar has become a very noisy place with live music most nights of the week, often playing until well after midnight. I would be interested to know whether the permission I have given for selling alcohol is capable of being withdrawn. Is the consent of all building owners to the sale of alcohol a legal requirement or purely an administrative one?”

You already know that you can raise the issues of noise and staying open late with the municipality and try to get the neighbors to register complaints also. I would say that you should try this, along with the other measures or actions you take against the problem.

I already mentioned that your giving this consent does not actually include the transfer of right to the other party and the right to use it still lies with you. You can withdraw your consent, but it is a lengthy process.

First, you start by sending a notice to the bar owner, stating that consent was based on the conditions and expectations that this workplace would comply with laws and regulations, avoiding the violation of neighborhood rules, including noise ordinances, and avoiding inconvenience to others.

You should also mention that there is an agreement (it is not important that you don’t have a written agreement about the conditions of complying with laws and regulations, it is a verbal agreement undertaken by the bar owner) between you and the owner in granting this consent, which can be withdrawn if the bar owner fails to comply with this agreement.

You should also note that you will be starting a lawsuit in order to get judge intervention, according to Article 33 of the flat ownership law.

If the bar owner respects and honors this notice, he should stop the disruptive activities.

If not, you should prepare a good collection of evidence before you go to court. Don’t forget that the disturbances are the most important thing in your case and you should be able to verify your claims.

The Turkish Supreme Court decided to evict a radio company for breaching the protocol of the flat owners, who had earlier given their consent. Just in case, you may look this up as a reference point; the decision file number is 1996/1778 – 1996/2378 11.03.1996

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