Do Vacant Apartment Units Have an Obligation to Pay Building Charges?

Do Vacant Apartment Units Have an Obligation to Pay Building Charges?

In recent years, apartment living has grown rapidly. Due to population growth and the corresponding shortage of urban space, people have increasingly turned to apartment living, making it an unavoidable reality. Although apartment living offers numerous advantages, it can also pose various legal and practical challenges.

One of the most common issues is the method used to calculate building charges, which often gives rise to disputes among residents. This issue becomes even more complex when some units within the building are vacant.

The main question regarding vacant units is whether their owners benefit from shared facilities that residents actively use.

At the same time, there are other shared services and benefits whose use is not affected by whether a unit is occupied or vacant. This raises a fundamental legal question: are owners of vacant apartment units required to pay building charges?

Legal Basis for the Payment of Building Charges under the Apartment Ownership Law

Building Charges

Building charges are the expenses that apartment owners or occupants pay to the building manager on a monthly or periodic basis, as set forth in the applicable agreement.

Each apartment unit shall contribute to these costs in proportion to its area and the facilities available within the building.

These expenses may include operational costs, such as the monthly salary of the security guard or caretaker, shared utility bills for water, electricity, and gas, and cleaning and maintenance services.

In addition to these ongoing expenses, apartment buildings also incur capital and maintenance costs. These may include repairs to the building facade, renewal or repair of waterproofing, and maintenance of mechanical and electrical installations. Such expenses may also be covered through building charges.

How Are Building Charges Calculated?

As noted above, building charges are the costs that apartment owners or residents must pay based on the facilities provided and the size of their units.

There are several methods for calculating these charges, which are typically determined by the building management board.

Common methods include fixed unit-based charges, area-based charges, per-person charges, combined person- and area-based charges, and charges calculated from actual building expenses.

Fixed unit-based charges are commonly used in residential, commercial, or administrative complexes, in which all units pay the same monthly amount.

Per-person charges are generally applied to residential units and calculated based on the number of occupants per unit.

Charges based on actual expenses are calculated by dividing the building’s real costs among the units. For example, water expenses may be calculated per person, gas expenses may be based on unit area, and electricity expenses may be charged on a fixed or per-unit basis. Other costs may be included as fixed or variable components of the total building charge.

Which Law Addresses Apartment Living and Building Charges?

Article 4 of the Apartment Ownership Law addresses shared expenses, commonly referred to as building charges, in general terms and includes three notes.

While this article explains the general principle of shared costs, it does not specifically address vacant units. However, because the law assigns decision-making authority to the building manager or management board, the management may, by agreement, apply an agreed amount to vacant units.

It is important to note that payment of these expenses is mandatory and is not dependent on whether a unit is occupied. Costs for gardening, security services, and cleaning must be paid by all units in the building, regardless of occupancy status.

Frequently Asked Questions