Overview
Real estate and construction law governs ownership, transfer, use and leasing of immovable property, limited real rights such as mortgages, and the legal relationships arising from building projects. Disputes in this field often require civil law, administrative law, zoning legislation and land registry rules to be considered together.
Each matter is assessed against the legal status of the property, the contracts between the parties, the title deed records and the applicable legislation. The office’s founder worked as a civil engineer on infrastructure projects before practising law, which helps when contracts, projects, quantities and defects must be read side by side.
What we handle
Flat-for-land construction contracts
Under a flat-for-land (kat karşılığı) contract, the landowner transfers land shares to a contractor who builds the project and delivers agreed units. Delivery dates, sharing schedules, permits, defects and termination are frequent sources of dispute. We draft and review such contracts and act in claims for delay compensation, loss of rent, termination and title deed cancellation.
Property sale promise contracts
A promise to sell immovable property must be made before a notary to be valid. Failure to deliver or transfer title, non-payment and double sales lead to claims for registration of title, rescission, refund or damages.
Title deed cancellation and registration
Where a land registry entry has no valid legal basis — for example collusive transfers to defeat heirs, abuse of a power of attorney, incapacity, fraud or duress — an action for cancellation and registration may be brought.
Partition of co-owned property
When co-owners cannot agree, any of them may seek partition: the property is divided in kind if possible, or sold and the proceeds shared. Since 2023, mediation is mandatory before filing a partition action.
Expropriation
Challenges to expropriation decisions, valuation of compensation, de facto expropriation without due process and urgent expropriation are handled before the competent administrative or civil courts.
Lease disputes
Rent arrears, rent determination and adjustment, eviction on statutory grounds (need, renovation, undertaking to vacate, expiry of the ten-year extension period) and enforcement. Mediation is mandatory before most lease lawsuits.
Condominium disputes
Unpaid service charges, use of common areas, management plans, owners’ meetings and resolutions, and neighbour disputes under the Condominium Law No. 634.
Unlawful occupation and compensation for use
Actions to end unlawful interference with property and claims for compensation for the period of unauthorised use (ecrimisil).
How the process works
Title and zoning check
Land registry records, encumbrances, zoning status, permits and occupancy certificates are obtained.
Contract and technical review
Contract terms, payment plan, delivery and penalty clauses are reviewed together with the project and the state of the works.
Notice and negotiation
Formal notice through a notary where needed; mandatory mediation in lease and partition disputes.
Litigation
Evidence determination, interim measures, title deed, damages or eviction actions, and appeals.
Before your meeting
Bring originals or legible copies of whichever of the following you have. You don’t need everything — missing items are identified together.
- Title deed or land registry printout
- Sale promise, construction, lease or co-ownership agreement
- Payment receipts and bank statements
- Building permit, approved project and occupancy certificate
- Notarial notices and correspondence
- Recent photographs of the property
Key deadlines
| Matter | Period | Starts from |
|---|---|---|
| Effect of a sale promise annotation on the title deed | 5 years | Date of annotation |
| Lease, condominium and partition lawsuits | Mediation first | Before filing |
| Contractual claims | Generally 10 years | Date the claim falls due |
These are general rules; special provisions or a different starting date may apply in a particular case. It is best to have the deadline assessed on the day you receive a notification.
Frequently asked questions
Must a flat-for-land contract be signed before a notary?
Yes. Because it includes an obligation to transfer immovable property, Turkish case law requires it to be executed in official form before a notary. Contracts in simple written form may be invalid.
What can I do if the contractor does not deliver on time?
Depending on the contract, options include a notarial notice granting additional time, claims for delay penalties and loss of rent, rescission and cancellation of transferred shares. Documenting the state of the works through court-ordered evidence determination is often the first step.
Can foreigners buy property anywhere in Türkiye?
No. Reciprocity based on nationality, area limits, and military and security zones restrict purchases. Title, encumbrances and zoning should be checked before any payment. See our immigration and citizenship page for citizenship by investment.
The information on this page is general and does not constitute legal advice, a guarantee of outcome or an undertaking in respect of any specific matter. Periods and amounts are subject to change by legislation.
