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Unauthorized and Irregular Electricity Use: Guide to Detection, Objection and Litigation

Attorney in a suit and a technical consultant reviewing a file containing a photograph of a meter in an office.
Author: Published: About 14 min read

Institutional legal review and control: Güneş & Güneş Law Firm

Published by: Güneş & Güneş Law Firm

Summary

A comprehensive legal guide to the difference between unauthorized and irregular electricity use, the detection record, calculation of the charge, objection periods, litigation, disconnection and criminal liability.

Not every invoice sent on an allegation of unauthorized electricity use is a penalty imposed by a criminal court. First it is determined whether the use is unauthorized, irregular, or a case of erroneous measurement or billing. Then the grounds of the record, the period calculated, the responsible person and the route to be taken are examined. An objection to the company, an objection to enforcement proceedings and a defense in a criminal investigation are different procedures; they do not replace one another.

This guide explains as a whole the disputes arising from electricity consumption in Türkiye. The source check date relied on is October 9, 2026. The Electricity Market Consumer Services Regulation (EPTHY), which includes the amendments of January 14, 2025, is particularly important. For a past consumption period, the provisions applicable on that date must be determined separately. [1]

First, Determine Which Document You Have Received

In the same event there may be a record, an invoice, a disconnection notice, an enforcement payment order and a summons from the public prosecutor. Managing the file correctly begins with not treating these as a single “penalty paper.”

Document receivedWhat it meansFirst step
Record of detection of unauthorized electricity useThe act and the technical findings determined by the companyRequest the photographs, videos and meter documents together with the record
Unauthorized-consumption invoiceThe company’s monetary claimRecord the calculation statement and the date of notification
Irregular-use warningA notice to remedy a breach of the subscription or of useExamine which deficiency is to be remedied, and within what period
Enforcement payment orderShows that an enforcement file has been opened for collectionCheck the type of proceedings and the date of service immediately
Summons from the public prosecutor or a courtPersonal criminal liability is being investigatedLearn the act attributed, the period and the evidence

The most urgent step is not always the document with the highest amount. For example, in general attachment proceedings without a judgment, the period for objecting to the payment order is, as a rule, seven days. Letting this period pass while awaiting the outcome of an objection to the company may cause the proceedings to become final. [3, Art. 62, 66]

The Difference Between Unauthorized Electricity Use and Irregular Use

In Which Cases Does Unauthorized Electricity Use Come into Question?

Article 42 of the EPTHY regulates consumption by interfering with the distribution system without a contract, off-meter consumption through a separate line despite an existing contract, preventing correct measurement by interfering with the meter or the measuring system, and switching on without permission, other than for force majeure, electricity that has been cut off in accordance with the legislation. Each paragraph raises different problems of proof and calculation. [1]

For example, merely that the contract is not in the person’s name cannot be accepted as off-meter unauthorized use without investigating all the conditions. By contrast, the presence of a meter does not by itself show that all consumption was measured correctly. Which line feeds which devices and where the consumption is recorded are decisive.

Why Is Irregular Use a Separate Category?

Use in the wrong consumer group, consumption by paying through the previous subscriber’s contract, supplying energy to a third person from one’s own installation except for certain exceptions, and some breaches in the regulation concerning a change in power may fall within irregular use. The conditions and exceptions in Article 48 of the EPTHY are assessed together. [1]

In irregularity, the 15-day notice for remedying the breach is important. If the obligation is not fulfilled despite the notice, the consequence of disconnection and the five-times disconnection–reconnection fee in the regulation comes into question. It cannot be said that the same charge arises automatically in every event at the moment of detection. The details are in the irregular-use guide.

Meter Malfunction and a High Invoice Are a Third Possibility

A high invoice, an increase in consumption or a meter that under-measures does not by itself prove the user’s interference. Malfunction, a wrong multiplier, erroneous reading and installation mix-ups must be investigated. An electrical malfunction and intentional interference cannot be used in place of one another in the same report without reasons. A consumer’s opening the seal or changing the connection for his or her own examination is problematic for both safety and evidence.

How Are the Detection Record and Technical Evidence Examined?

In the record, the installation and meter number, the address, the date, the type of use and the connection to the actual user should be clear. If it is not clear on which concrete finding the conclusion “there is unauthorized use” rests, the objection is directed not only at the conclusory sentence but at the incomplete examination.

Article 43 of the EPTHY provides for a photograph and/or video recording; for the determinations within Article 42/1-a, b and c, a video recording is additionally required. In an allegation of meter interference, the meter replacement record, the serial numbers and the relevant laboratory examination also matter. There is a special provision on making a determination with remote monitoring data where entry to the site is prevented and this is documented in the manner set out in the regulation. This exception does not turn every fluctuation in consumption automatically into proof of unauthorized use. [1, Art. 43]

A record drawn up by the company is not a court decision that indisputably resolves the dispute as a whole. In the assessment of proof, the technical finding, the photograph, the consumption record and the counter-documents are considered together. The general rule is that the party who relies on a fact in support of a right must prove that fact; the proof of counter-facts such as payment or the termination of the contract is assessed separately. [4, Art. 190, 199]

The basic documents that should be requested are as follows:

  • The record and all of its attachments; the first page alone is not sufficient.
  • Legible copies of the photographs and videos, the date and the connection to the installation.
  • The records of meter removal, installation, sealing, disconnection and reconnection.
  • If any, the laboratory report and the technical data of the measuring system.
  • The periodic consumption statement, the applied power, day, hour, tariff and coefficient.
  • Lease, handover or business documents showing the user’s dates of entry and exit.

The deficiency of a document and its effect on the outcome of the action must be reasoned. Assuming that every formal deficiency automatically results in the cancellation of the debt is also an incomplete approach. The details of the technical examination are in the detection and proof guide.

How Is the Charge for Unauthorized Electricity Calculated?

The calculation is not merely “kilowatt-hour × price.” First the type of unauthorized use is determined, then the measurement method and the period. There is a certain order of priority among a suitable and correctly recording meter, the undisputed consumption corresponding to the same period, and the power method in the legislation. Choosing without reasons the method that gives the highest amount is not amenable to review. [1, Art. 44–46]

The time limits are also not uniform. For example, in some cases of interference without a contract, there is a 360-day limit if the start is documented and a 90-day limit if there is no document; for a separate line, a 270-day limit applies. The 240- and 60-day limits in meter interference depend on the calculation method used. These numbers are not day counts to be filled in backward automatically in every file.

In the regulation containing the 2025 amendment, twice the relevant tariff is taken into account for the unauthorized-use calculation, and two and a half times under the conditions of repetition within the previous three years. The repetition coefficient should not be applied without seeing the documents on the previous event, the user and the period. For events with older dates, the regulation to be applied is examined separately. [1, Art. 45–46]

Interest, late-payment surcharge and VAT are also separate items. The existence of the company’s private-law receivable does not by itself turn it into a public receivable. On the other hand, the delay provision in the current regulation cannot be ignored either. The contract, the legal nature of the debt, default and the tax rules of the relevant period must be examined together. The detailed review table is in the calculation, interest and VAT guide.

How Are the Routes of Objection and Litigation Distinguished?

Application to the Distribution Company

An objection to the unauthorized-consumption invoice is made to the relevant distribution company within six months of the notification; the objection is expected to be concluded within ten business days. It must be possible to prove the date and content of the application. The objection does not by itself remove the payment obligation or the risk of disconnection. [1, Art. 47]

The application explains to which record and invoice, and to which items, the objection is made. Wrong person, wrong period, missing technical evidence, wrong power or wrong tariff should be kept apart from one another. A supervisory complaint to the Energy Market Regulatory Authority (EPDK) likewise does not take the place of a court decision that the private-law receivable has fallen away.

The Right Court and Type of Action

For a debt not yet paid, depending on its conditions, an action for negative declaratory judgment may come into question; for an amount that has been paid, a suitable claim for refund; and, in an unjustified refusal to establish a subscription, removal of the interference (muarazanın giderilmesi) and a claim aimed at establishing the contract. For a payment made under enforcement proceedings, the special recovery provision in Article 72 of the Enforcement and Bankruptcy Law (İİK) is assessed separately. [3]

The court with subject-matter jurisdiction is not determined by the invoice amount alone. Whether there is a consumer transaction, the contractual relationship, the parties’ status as merchants and the dispute’s connection to a commercial enterprise are investigated. With respect to consumer disputes below 186,000 Turkish lira (TL) in 2026, the Consumer Arbitration Committee threshold is taken into account. In consumer disputes at or above the threshold, apart from statutory exceptions, mediation before litigation comes into question. This threshold may change every year. [5][6]

A different assessment of subject-matter jurisdiction and mediation may be needed for a tort allegation arising from use without a contract or for a commercial relationship. Writing only “cancellation of the invoice” in the statement of claim does not by itself resolve the problems of legal interest, the amount of the debt and the type of claim. The application and litigation guide elaborates these distinctions.

Do the Electricity Disconnection and Enforcement Proceedings Stop Automatically?

No. Filing an action alone does not keep the electricity on. To prevent disconnection or to have the connection restored, a request for an interim injunction whose concrete conditions are explained may be needed. The prima facie proof of the right, the harm that delay would cause and security are assessed. The legitimization by a court decision of an unsafe connection cannot be requested. [4, Art. 389–392]

Stopping the enforcement proceedings is different from an injunction concerning electricity disconnection. Whether the action for negative declaratory judgment is filed before or after the proceedings changes the result under Article 72 of the Enforcement and Bankruptcy Law. In general attachment proceedings without a judgment, an objection to the enforcement office within the time limit provides separate protection. [3]

Dependence on a medical device or the presence of perishable products at a workplace must be documented. For consumers dependent on life-support devices there are special protections in Article 52 of the EPTHY; these are assessed with respect to the consumption debts within the scope of the regulation, subject to record and document requirements. The details are in the disconnection, enforcement and injunction guide.

Criminal Investigation, Subscription and the Responsible Person

Under Article 163/3 of the Turkish Penal Code (TCK), what is investigated is the consumption, without the consent of the owner, of electricity used on a subscription basis, and in a way that prevents the amount consumed from being determined. The penalty in the Code is imprisonment from one year to three years; for a conviction, the elements of the offense and the person’s connection to the act must be proven. Being a subscriber, an owner or a company manager does not by itself mean personal guilt. [2, Art. 20, 21, 163]

The effective repentance in Article 168/5 of the Turkish Penal Code produces special consequences depending on the stage and on the full compensation of the loss. It should not be assumed that paying the company’s entire invoice completes the conditions in the criminal file in every case. The accusation of an offense, breaking a seal and payment options are explained in the criminal law guide.

In debt liability, by contrast, the contract, the actual period of use, the lease relationship, inheritance and the transfer of a business are examined separately. The previous tenant’s debt cannot be passed on to the new user like a burden attached to the immovable property; however, facts such as an apparent transfer, use by the same person or a genuine assumption of debt are investigated separately. The liability guide shows how the link between person and period is established.

Special Issues in Housing, Vehicle Charging and Businesses

A neighbor’s permission is not the same as the distribution company’s consent or the necessary subscription arrangement. A submeter (süzme sayaç) likewise does not by itself take the place of an independent subscription. Personal consumption from a common area can raise the problems of cost sharing and supplying energy to a third person together. Whether a license is needed for personal vehicle charging at home and whether the installation and the connection comply with the legislation are different questions. [1][7] These forms of use are examined in the housing and apartment guide.

In agriculture, the crop, the irrigation season and the pump matter; in a hotel, the open season and occupancy; at a construction site, the construction period and the equipment used. For a solar power plant (GES) operated before the acceptance procedure is completed, special provisions in the unlicensed generation legislation may apply. Reducing this matter to an ordinary consumption calculation in every case is wrong. [8] The business and agriculture guide explains the sector-specific review.

Frequently Asked Questions

If I Do Not Sign the Unauthorized Electricity Record, Does No Debt Arise?

Not signing does not by itself remove the detection. A signature likewise does not mean in every case that all the items of the calculation are accepted. The document bearing the signature and the explanations must be examined.

If I Pay the Invoice, Do I Lose My Right to Object?

Payment does not eliminate the right to claim a refund in every case. However, the reason for the payment, whether the debt was acknowledged, any reservation of rights (ihtirazi kayıt) and the applicable time limit for bringing an action matter. The bank receipt and the correspondence should be kept.

Is Not Paying the Debt a Direct Ground for Imprisonment?

Merely not paying an electricity debt is not the same as the act in Article 163/3 of the Turkish Penal Code. The elements of the offense are investigated separately. A breach of other obligations in the enforcement file is also subject to its own conditions.

If No Reply Comes from the Company, Should I Wait?

While awaiting the outcome of an application to the company, it should not be assumed that the enforcement, litigation or other statutory time limits have not run. A separate calendar should be kept for each procedure.

Conclusion: A Sound Objection Begins with the Right Diagnosis

In an unauthorized electricity dispute, an effective approach does not consist of rejecting the entire debt in a single sentence or of accepting the record without dispute. The act, the person, the period, the technical finding and the calculation method must confirm one another in the same file. An error in any one of these links changes the grounds of the application and the legal protection to be requested.

First collect the documents, separate the time limits and determine whether the risk is disconnection, collection or a criminal investigation. Then set up each request with its own basis. A file prepared in this way serves both the correct calculation of the actual consumption and the prevention of an unjust burden.

Sources and legal bases

  1. 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.
  2. Turkish Penal Code No. 5237 (Türk Ceza Kanunu). Legislation Information System / Ministry of Justice (Adalet Bakanlığı). Articles 2, 20–21, 64, 163/3, 168/5, 203.
  3. Enforcement and Bankruptcy Law No. 2004 (İcra ve İflas Kanunu). Ministry of Justice. Articles 62, 66–68, 72.
  4. Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu). Ministry of Justice. Articles 190, 199, 266–293, 389–400 and following.
  5. Consumer Protection Law No. 6502 (Tüketicinin Korunması Hakkında Kanun). Ministry of Justice. Articles 3, 68, 70, 73, 73/A; the change to the two-week period in Article 70 was taken into account.
  6. Information Text on Consumer Arbitration Committees (Tüketici Hakem Heyetlerine İlişkin Bilgilendirme Metni). Ministry of Trade (Ticaret Bakanlığı). Statement dated January 22, 2026; the threshold below 186,000 TL for 2026, the place of application and the information system (TÜBİS).
  7. Charging Network Operator License Roadmap and Frequently Asked Questions (Şarj Ağı İşletmeci Lisansı Yol Haritası ve Sıkça Sorulan Sorular). EPDK. In particular Questions 1, 29, 33–34; the distinction between personal use and commercial charging.
  8. Amendment to the Regulation on Unlicensed Electricity Generation in the Electricity Market (Elektrik Piyasasında Lisanssız Elektrik Üretim Yönetmeliğinde Değişiklik). Official Gazette (Resmî Gazete) / EPDK. April 2, 2026 / 33212; Article 37/13 as amended by Article 21 and the entry into force in Article 26.

AUTHOR

Av. Umut Güneş

Güneş & Güneş Law Firm

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