What can be done about a neighbor who doesn't collect their construction waste?

One of the most common problems in apartment and housing complex living is when a neighbor carrying out renovations leaves the resulting rubble, excavation debris, construction waste, or old furniture in common areas. Excavation waste, especially when left in building entrances, stairwells, parking lots, gardens, basements, shelters, in front of the building, or common passageways, creates visual pollution and causes serious problems in terms of health, safety, and neighborly relations.

When dealing with a neighbor who doesn't collect their construction waste, a verbal warning is often insufficient. In such cases, it's possible to file a complaint with the municipality, initiate proceedings through the site or apartment management, send a notarized warning, file a lawsuit in the Civil Court to prevent interference, and, if the conditions are met, claim compensation.

What is excavation waste?

When we talk about excavation waste, we shouldn't only think of soil or digging debris. It also includes rubble, broken tiles, concrete pieces, drywall, bricks, cement bags, old doors and windows, kitchen cabinets, parquet flooring, ceramics, plumbing waste, paint cans, and similar construction/renovation waste resulting from house, workplace, or apartment renovations.

This type of waste cannot be left in apartment building bins or on the street like normal household waste. Excavation and construction waste must be collected, transported, and taken to authorized disposal sites in accordance with relevant legislation.

Can a neighbor leave excavation waste in a common area?

No. A homeowner or tenant cannot haphazardly leave excavation debris and rubble resulting from renovations in the common areas of the building. Common areas are designated for the shared use of all homeowners. Blocking these areas with one person's renovation waste infringes on the usage rights of other homeowners and tenants.

For example, piling rubble in the stairwell, blocking the apartment building entrance, leaving construction waste in the parking area, filling the garden with excavation material, or occupying the shelter with renovation waste are all considered illegal activities.

This situation not only creates inconvenience; it also poses risks such as fire safety, emergency exits, the safety of children and the elderly, pest infestation, unpleasant odors, dust, and environmental pollution.

Evidence must be gathered first

Gathering evidence is crucial before taking action against a neighbor who fails to collect construction waste. This is because proof of the incident will be necessary for future applications to the municipality, building management, or courts.

In this context, photographs and videos of the area where the rubble is located should be taken, a record should be kept with the date, neighbors should be asked to testify if possible, a written notification should be sent to the apartment/building management, and this situation should be recorded in the management logbook.

Furthermore, it must be clearly determined from which independent unit the excavation waste originated, how long it has been left in the common area, how it is hindering the use of the common area, and what health/safety risks it poses.

Complaints can be filed with the municipality and the law enforcement officers

If excavation debris, rubble, or construction waste is left in front of apartment buildings, on streets, sidewalks, internal site roads, common areas, or the surrounding environment, complaints can be filed with the municipality and the police. Municipalities have the authority to inspect and impose administrative sanctions regarding excavation and construction/demolition waste.

When filing a complaint, photographs, videos, address information, the location of the waste, and if possible, information about the person who left the waste or the apartment unit should be provided to the municipality. Municipal teams can inspect the scene, initiate procedures for waste removal, and impose administrative fines if necessary.

Especially if construction waste has been left in a public area, filing a complaint with the municipality is one of the quickest and most effective ways to resolve the issue.

Apartment or Site Management Can Take Action

If the problem occurs within the apartment building or complex, the management should intervene. The apartment manager or complex management is responsible for maintaining order in the use of common areas. Therefore, a written warning can be issued to the homeowner or tenant who leaves construction waste in the common area.

The management may request the responsible person to remove the waste within a specified period. If the waste is not removed within that time, the management may remove the waste and demand reimbursement for the costs from the responsible person. This matter should be evaluated according to the management plan, the decision of the homeowners' association, and the specific circumstances of the case.

The matter can also be brought before the homeowners' association. The homeowners' association can make decisions regarding the non-occupation of common areas, the removal of renovation waste within a specified period, and the imposition of costs on those who violate these rules.

A notarized warning can be sent

If a neighbor refuses to remove construction waste despite verbal warnings, sending a notarized notice is an effective solution. The notarized notice should clearly state the location of the waste, that it obstructs common area use, poses environmental and safety risks, must be removed within a specified timeframe, and that legal action will be taken otherwise.

A notarized warning serves as strong evidence for future lawsuits or claims for expenses. It also demonstrates that the other party has failed to fulfill their obligations despite being warned.

A lawsuit can be filed in the Civil Court of Peace

If excavation waste is occupying a common area, hindering neighbors' right to use it, or causing constant disturbance, it is possible to file a lawsuit in the Civil Court of Peace.

In this case, generally;

prevention of interference,

removal of excavation waste and debris left in the common area,

ending interference with the common area,

restore if necessary,

collecting the expenses incurred from the responsible neighbor

It can be requested.

Depending on the specifics of the case, the court may order the removal of the interference with the common area and demand that the neighbor cease this behavior.

If there is damage, compensation can be claimed

If damage occurs due to construction debris being left in a common area, compensation may be sought. For example, if the building's foundation is damaged, the parking lot becomes unusable, the building entrance is damaged, drains are clogged, or expenses are incurred to remove the waste, these damages can be claimed from the responsible party.

Furthermore, in severe cases involving prolonged and persistent unpleasant odors, dust, noise, visual pollution, and the inability to use the living space, a claim for moral damages may be evaluated according to the specific circumstances of the case. However, for moral damages to be awarded, the disturbance must go beyond ordinary neighborly discomfort and constitute a serious attack on personal rights.

Who is responsible, the tenant or the landlord?

If the person leaving the excavation waste is a tenant, the tenant who actually committed the act is primarily responsible. However, if the renovation is done with the knowledge and instruction of the landlord, or if the landlord condones the situation, the landlord may also be held responsible.

Apartment and building management companies should notify both the independent unit owner and the users in practice. This is because unit owners also have a responsibility in terms of protecting common areas.

Assessment from the Perspective of Neighborhood Law

In neighborhood law, everyone is obliged to refrain from behaviors that would harm other neighbors, cause them excessive disturbance, or disrupt the common living order while using their own property.

Leaving construction waste in a common area may constitute an interference with neighborhood law if it creates dust, odor, visual pollution, obstruction of passage, security risks, and occupation of common space. Therefore, an approach of "it's my renovation, I'll put it wherever I want" is not legally correct.

What should be done?

The course of action to take against a neighbor who doesn't collect their construction waste should be as follows:

First, the situation should be documented with photos and videos. A written application should be made to the apartment or building management. The management should send a written warning to the neighbor concerned. If the waste is left in a public area or in a way that will harm the environment, a complaint should be made to the municipality and the police. If the problem persists, a notarized warning should be sent. If no results are obtained despite these measures, a lawsuit can be filed in the Civil Court of Peace to prevent interference, have the waste removed, and, if necessary, claim compensation.

Conclusion

Legal action can be taken against a neighbor who fails to collect excavation waste. Those undertaking renovations cannot haphazardly leave the resulting rubble and construction waste in the apartment building's common areas, the site's garden, the street, or the sidewalk. This waste must be removed and disposed of in accordance with regulations.

In such cases, it is necessary to gather evidence, involve the site or apartment management in the process, file a complaint with the municipality/police, and, if necessary, pursue legal action through a notarized notice. Especially when a common area is occupied for a long time, poses a security risk, or seriously affects the living spaces of neighbors, legal proceedings should be initiated without delay.