With the cooling of the weather and the approaching of the winter season, millions of citizens fell into the trouble of warming up. Because natural gas bills, which are already high, seem to increase even more this year. As such, many citizens prefer to use the heating system at a minimum level or not at all. However, such a situation seems to cause legal problems.
It has happened to some of us; Citizens living in mezzanine apartments do not turn on heating even in the middle of winter, they are warmed by the warmth of their neighbors. Making some statements about this situation, TED University Faculty of Economics and Administrative Sciences Faculty Member Prof. Dr. Şebnem Akipek made a remarkable warning. Reminding the relevant law, Akipek said that the neighbor who did not operate the heating system could be brought to court.
Citizens who have to pay extra bills can claim compensation.
In the 18th article of the Condominium Ownership Law, “Condominium servitude owners mutually agree to fulfill their obligations on the common land subject to this right, in order to complete the building to be converted into condominium in the future according to the contract and plan, and facilitate the construction work in accordance with the rules of accuracy. Stating that it is said, Prof. Akipek reminded that neighbors have responsibilities to each other from this article. According to Akipek, it is a requirement of this article that neighbors comply with the rule of righteousness. A citizen who plans to warm up with the help of other neighbors without running the heating system does not comply with the rule of truth. Akipek speaks at this point as follows;
In this case, the person who does not burn the heater causes his neighbor to burn more. This person is in a position to harm his neighbors in terms of neighborly relations in terms of the Property Ownership Law. Again, in accordance with Article 33 of the law, the neighbor who burns the heater can apply to the magistrate’s court in the place where the main immovable is located and request the intervention of the judge. Here, the landlord said, ‘My neighbor does not burn the heater at all, so I have to burn it more. He’s warming up because of me, intervene. ‘ he can say. The judge may decide that the neighbor does not use his house in accordance with the seasonal conditions and may ask him to terminate what he has done. The judge, upon request, may decide to compensate for the material damage if the neighbor has suffered material damage. A person who normally has a monthly heating expense of 500 liras can request compensation for this loss if he had to burn 700 liras.
Apart from these, neighborhood law is also regulated in the Turkish Civil Code. Here, too, there is an action that goes against the neighbor’s law and goes beyond the neighbors’ tolerance limits. In accordance with the law, the neighbor’s right arises again.
It is in the legislation of the Ministry of Environment and Urbanization.
Yahya Sağır, President of the Facility Managers Federation, also made some statements on the subject. Stating that the Ministry of Environment and Urbanization has a relevant legislation, Sağır said:
In the houses with central heating system and heat cost allocator, if the temperature drops below 15 degrees in the winter season, it is obligatory to burn the heaters. Even if the independent sections are empty, this requirement exists. If the temperature rises above 15 degrees, the heating systems must be turned off. This issue is regulated by the legislation of the Ministry of Environment and Urbanization on heat allocators.
Those who close their valves are penalized according to the average consumption price in the invoices. In other words, those who do not burn the heater will have to pay this price even though they do not.
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