Is it legal or illegal to close balconies?

Whether closing balconies is legal or illegal varies according to whether the balcony is an inset balcony and to the manner of closing the balcony.

In the event the balcony is not an inset balcony, the base area does not increase, it does not affect load bearing elements and pulling distances closing the balcony with glass is decided to be not in violation of the law.

OPINION OF THE COUNCIL OF STATE

KIn disputes referred to the Council of State regarding a balcony which have been closed the Council of State decides unanimously that:

“… closure of the inset balcony by closing with and aluminum frame or glasses, if no additional and excess space is gained save for the base area, if the violation of the pulling distance is not in question, the alteration made does not affect load bearing elements, the changes to the facade's appearance do not require obtaining a license and therefore, for such alterations that do not require a license, establishing a demolition procedure and fining a monetary penalty is not in legal order…”

(Decisions of the Council of State Sixth Department numbers E.2003/3996, K.2003/6363 dated November 21, 2003 numbers E.2003/3206, K.2003/5987 dated November 19 2003).

As can be realized from the decision, a summary of which is given above, it is clearly stated that because the alterations made

• Do not cause additional and excess space to be gained save for the base area,
  
  
• The pulling distance is not violated,
  
  
• The alteration made does not affect load bearing elements,
  
  
• Also does not require obtaining a license,
  
  

demolishment of such alterations cannot not be effected and neither can a monetary penalty be fined.

The decision is important in that the Council of State reflects on some alterations to be made on buildings…


Source : Şükrü KIZILOT