Irregular electricity use does not in every case mean consumption outside the meter or an offense in the sense of criminal law. Most disputes concern the subscription being set up in the name of the right person, the correction of the consumer group, the supply of energy to a third person, or the notification of a change of power. A correct assessment requires determining which obligation was violated under Article 48 of the Electricity Market Consumer Services Regulation (EPTHY). [1]
The source check date is October 9, 2026. The explanations rely on the current regulation; for past events, the provisions on entry into force and transition are examined separately.
In which situations does irregularity arise?
Article 48 of EPTHY regulates certain conduct as irregular consumption. The everyday description of a “subscription problem” is not sufficient to explain the consequences of these different situations.
| Situation | Basic question to examine |
|---|---|
| Use in a different consumer group | Has the actual use changed without the required application having been made? |
| Use under another person’s subscription | Was use continued by paying under the previous consumer’s contract? |
| Supplying energy to a third person from the installation | Does the exception in the regulation or a suitable connection arrangement exist? |
| Replacement of the power transformer | Was written notice given to the distribution company within 15 days? |
| Increase of the connection power | Is there an increase of more than 20 percent in the relevant consumer group, and an obligation of notification/application? |
This table alone is not the final characterization. Where there is interference with the meter or the distribution system, the possibility of unauthorized use under Article 42 is examined separately. Different acts may be present in the same file; they need to be assessed with separate reasoning. [1, Arts. 42, 48]
Using a former tenant’s or landlord’s subscription
A new tenant’s paying the invoices regularly does not in every case take the place of the obligation to enter into a contract in his or her own name. On the other hand, this fact should not be presented as unauthorized use in the form of directly preventing measurement either. The start of use, the existing contract, payment records and the distribution company’s finding are handled together.
When moving, the lease, the key handover date and the meter readings should be recorded on the same day. The previous consumer’s closing transaction and the new consumer’s subscription application are separate documents. The explanation “the landlord was going to change the subscription later” does not form as strong a basis as a dated application record.
Important exception: In the situations under Article 48/1-a, b and c, the provisions on irregular consumption are not applied if it is documented that an application was made to the relevant entity before the finding. It is necessary that the application was not merely planned but made and provable. [1, Art. 48/2]
For example, for a person who applied for a subscription after moving, submitted the required documents and received an application number, this record may be critical. The scope of the application, the notice of missing documents and the date of the finding must be compared. This exception is not a general amnesty for all kinds of unauthorized use.
Why does the consumer group matter?
Residential, commercial or another form of use can affect the contract, the tariff group and some technical obligations. In changes such as the conversion of a residence into a workplace, looking only at the signboard or the nature recorded in the title deed may not be sufficient. The actual use and the obligation to apply under the regulation are investigated.
In an objection, the following documents may be useful: records of the start or closing of activity, the lease, the license, the tax record, correspondence on the change of use and earlier tariff requests. From which date the change in the tariff will apply must also be separately reasoned. That an incorrect classification has been found does not mean that all the retroactive differences the company wants are automatically accepted.
Power increases and transformer changes
Is the 20 percent threshold the same for all subscribers?
Article 48/1-d of EPTHY regulates the obligations concerning an increase of more than 20 percent in the connection power of non-residential consumers. The residential exception is with respect to this subparagraph; it does not mean that all technical project, capacity and safety rules for residences disappear. [1]
When a new machine is added to a workplace, the nameplate power of the device, the connection power of the installation and the actual use must be separated. A company’s failing to explain the total power increase by merely showing the device’s nameplate may leave the review incomplete. The approved project, the existing power, the new device and simultaneous-use data are assessed from an electrical engineering standpoint.
How is a transformer change documented?
The relevant subparagraph regulates a consumer’s failing to notify the relevant legal entity in writing within 15 days of replacing the power transformer. The date of the transaction, the service document and the notification record should therefore be preserved together. The 15-day notification obligation here is different from the 15-day period given to remedy the irregularity. [1, Arts. 48/1(ç), 48/3]
Instead of an attempt to remedy a deficiency by interfering with the installation on one’s own, a documented procedure should be carried out with an authorized technical person and the relevant company. While a legal dispute continues, safety obligations also continue.
Supplying electricity to a third person and the submeter
Supplying energy to a neighbor or to a separate business after one’s own meter may create an irregular use problem even if measurement is made. The exceptions in Article 6/6 of EPTHY and Article 48/1-c must be read together. The parties’ sharing the cost among themselves or installing a submeter (süzme sayaç) does not automatically take the place of the distribution and subscription arrangement. [1]
The criminal law assessment is made separately. Without investigating whose consent exists, which consumption can be determined and the nature of the connection, it cannot be said either that “it is always an offense” or that “there is no problem because it passes through a meter.” [2, Art. 163] The housing and apartment building guide separates a neighbor’s line from common-area use with examples.
The warning, the 15-day period and five times the fee
When irregular use is found, it is envisaged that a disconnection notice that includes a 15-day period will be issued for the obligation to be fulfilled. If the obligation is not fulfilled within the period, five times the disconnection-reconnection fee set for the relevant year and a power cut come into play. This fee does not mean five times all the consumption. [1, Art. 48/3]
There are four separate points in the review:
- Is it understandable from the notice which violation is to be remedied?
- Have the procedure and the start date of the notice been proven?
- Did the user carry out the required procedure within the period?
- Has the disconnection-reconnection fee of the correct year and of the relevant transaction been used in the calculation?
The institution’s internal record not being updated even though the user acted, and no application having been made at all, are not the same event. The application receipt, the appointment, the missing-document letter and the completion document should be placed at the center of the objection. A general sentence such as “the notification is defective” whose effect on the result is not explained will not be sufficient.
How is an objection prepared?
The objection should be directed to the relevant company with the transaction and document numbers. While explaining against the irregularity warning that there is no violation, if an existing deficiency needs to be remedied, that procedure should also be carried out within the period. Applying does not by itself stop the period or the power cut.
| Ground of objection | Document to attach | Express request |
|---|---|---|
| Subscription application before the finding | Application number and dated receipt | Application of Article 48/2 |
| User or address error | Lease/handover document, installation information | Correction of the addressee and the record |
| Deficiency remedied within the period | Completion and notification record | Removal of the disconnection and fee procedure |
| Wrong power calculation | Project, device list, technical report | Redetermination of the power |
| Wrong fee | Accrual statement and the decision for the relevant year | Correction/refund of the excess item |
The six-month objection rule in Article 47 concerning an unauthorized consumption invoice should not be used as a general time limit for all irregularity procedures and all types of action. The nature of the procedure and the relevant contract and application provisions must be determined; in particular, the notified 15-day remedy period must not be missed. [1]
Action, power cut and claim for loss
Depending on whether the dispute is a consumer transaction, the route of the arbitration committee or of the court may change. Commercial activity and the status of the parties also affect the court with subject-matter jurisdiction. The 2026 threshold of the Consumer Arbitration Committee is for disputes below 186,000 Turkish lira (TL); it is first determined whether the relationship falls within consumer law. [3][4]
Claims for a declaration that an unpaid charge is not owed, for the return of an amount paid, or for the removal of an unjustified subscription obstacle are framed according to the circumstances of the specific case. If a power cut needs to be prevented, filing an action is not enough; the conditions for an interim injunction are explained with documents. The relevant routes are detailed in the objection and action guide, and interim protection in the power cut guide.
Frequently asked questions
If I pay the invoices, can I use another person’s subscription?
Regular payment does not in every case remove the obligation to enter into a contract in one’s own name. The existing contract and an application made before the finding are examined together.
Is the five-times penalty five times the electricity bill?
No. The wording in Article 48/3 concerns five times the relevant disconnection-reconnection fee when its conditions are met. It is different from the calculation of unauthorized consumption.
What should I do if an irregularity is recorded while my subscription application is pending?
Submit the documents showing the date and scope of the application. In particular, state concretely whether the exception under Article 48/2 applies.
Is irregular use recorded in the criminal record?
A company’s irregularity record is not a conviction judgment of a criminal court. If there is a separate allegation of an offense, its elements are investigated separately.
Conclusion: Document the violation and the remedying procedure with equal clarity
In a dispute over irregular electricity, a strong file shows what the subscription or technical deficiency was and when it was remedied. The right application, the right date and the right fee are the basic areas of review. Once the confusion with the concepts of unauthorized use and offense is cleared up, both the necessary correction can be made faster and an unjustified power cut or an excess charge can be argued with more concrete reasoning.
For the general framework of the series, you can look at the main guide on unauthorized and irregular electricity.
Sources and legal bases
- Electricity Market Consumer Services Regulation (Elektrik Piyasası Tüketici Hizmetleri Yönetmeliği). EPDK / Legislation Information System (Mevzuat Bilgi Sistemi). May 30, 2018 / 30436; in particular Articles 42–49 and 52, including the amendments of January 14, 2025 / 32782.
- Turkish Penal Code No. 5237 (5237 sayılı Türk Ceza Kanunu). Legislation Information System / Ministry of Justice (Adalet Bakanlığı). Articles 2, 20–21, 64, 163/3, 168/5, 203.
- Consumer Protection Law No. 6502 (6502 sayılı Tüketicinin Korunması Hakkında Kanun). Ministry of Justice. Articles 3, 68, 70, 73, 73/A; the two-week period change in Article 70 was taken into account.
- Information Text on Consumer Arbitration Committees (Tüketici Hakem Heyetlerine İlişkin Bilgilendirme Metni). Ministry of Trade (Ticaret Bakanlığı). Statement of January 22, 2026; the threshold of below 186,000 TL for 2026, place of application and the Consumer Information System (TÜBİS).