Whether a winter garden is legal has no single answer: it depends on where it is built, whether it is permanent, the building's ownership status and the plot's zoning. Ask your municipality's zoning office before building and, in an apartment block, check the management plan first.
Short answer
"Is a winter garden legal, does it need a permit, does it count towards the plot's building rights (emsal)?" There is no answer that fits everyone. It depends on where it is built (garden, terrace, roof floor, balcony), whether it is permanent or removable, the building's condominium status and the plot's zoning. Rules can be applied differently by each municipality, so only your municipality's zoning office can give a definite answer. SkyArt Group does not give legal opinions; the list below sums up what to ask the municipality and your building management.
Which question depends on what, and whom to ask
| Question | Depends on | Ask |
|---|---|---|
| Is a winter garden legal? | Zoning, location and permanence of the structure, effect on the façade | Municipal zoning office |
| Does it need a permit? | Whether it creates an enclosed, permanent space; the municipality's practice | Municipal zoning / building control office |
| Does it count towards building rights? | Whether the enclosed area is added to the built area; remaining rights on the plot | Municipal zoning office; an architect if needed |
| Can it be built in an apartment block? | Management plan, common areas, façade change | Building management and the owners' board |
| Can it be built on farmland or outside zoned areas? | The land's status and local building rules | Your municipality or the competent authority |
Building rights: why ask the municipality?
Building rights (emsal) set how much floor area a plot may have. A permanent winter garden enclosed on all sides and above may in practice be treated as enclosed space added to the built area. Whether your plot has rights left is clarified at the municipality from the title deed and zoning certificate. Don't rely on general claims such as "it never counts" or "it always counts"; ask about your own plot.
Apartment blocks: management first
- Read the management plan: it may cover façade, terrace and common-area changes.
- Get the owners' board's written approval: the safest way to avoid disputes with neighbours later.
- Uniform model and colour: some estates require the same type of system; earlier installations on the estate are a good reference.
For the general picture, see do pergolas and winter gardens need a permit?
Take this with you to the municipality
- Title deed details and, if possible, the zoning certificate
- In an apartment block, the management plan and the owners' board decision
- Measurements and photos of the space
- A summary of the system you have in mind: roof type (fixed glass, opening, composite), side walls, whether it is removable
At the free survey we measure on site and prepare the size and structure details of the system, which make talks with the municipality or management easier. A winter garden should be at least 15 m²; see how big should a winter garden be?
Enclosed winter garden or an open system?
An open-sided bioclimatic pergola and a winter garden glazed on all four sides may be treated differently. If the permit question is decisive for you, compare the options before asking: glazed bioclimatic pergola or winter garden? Closing the sides with a zip screen instead of glass is a common alternative; again, ask your municipality how it is assessed.
As an authorised Albert Genau manufacturing dealer, SkyArt Group manufactures and installs winter gardens in Istanbul. Once the permit side is clear, see the steps in how a winter garden is built, and request a free survey for measurements and a project.
