Construction & Tapu Disputes in Turkey: English-Speaking Property Dispute Lawyer in Antalya
Many foreigners buy off-plan property in Turkey and pay most of the price before the building is finished. When the project is delayed, the title deed (tapu) is not transferred or the flat is delivered with defects, tapu disputes in Turkey and claims against developers need prompt legal action to protect the buyer’s position.
Alkan Law Office is an Antalya law firm that represents property buyers against developers and sellers. An English-speaking lawyer reviews your contract and payment records, explains the options in plain English, and your Antalya attorney takes the matter forward before consumer bodies, courts and the land registry.
Problems We Help Property Buyers Resolve
Legal action for buyers whose property was not delivered, not registered or not built as promised.
Delayed & Unfinished Projects
Claims against developers who miss the delivery date or stop construction, including demands for performance, contractual penalties, compensation or termination with a refund.
Missing Title Deeds
Cases where the price has been paid but the tapu has not been transferred, including lawsuits for the registration of title in the buyer’s name based on a valid sales promise contract.
Construction Defects
Defects in the flat or common areas, differences from the approved project and missing facilities — documented through expert reports and pursued against the developer.
Real Estate & Construction LawOccupancy Permit & Condominium Issues
Buildings without an occupancy permit (iskan), flats that remain under construction servitude and the steps needed to obtain full condominium ownership.
Developer Insolvency
Protecting buyers when a developer faces bankruptcy, composition (konkordato) or enforcement proceedings, including annotations on the land registry and filing claims in time.
Enforcement & BankruptcyFraudulent Sales
Double sales of the same unit, sales by persons without authority and projects sold without the required permits, where civil claims may be combined with a criminal complaint.
Investment Fraud & Loss RecoveryOff-Plan Purchases and Buyer Rights in Turkey
In an off-plan purchase, the buyer usually signs a sales promise contract instead of receiving the title deed immediately. To be valid and enforceable, this contract must generally be made before a notary; a private agreement with the developer gives the buyer much weaker protection.
Where the buyer is a consumer, the rules on pre-paid housing sales in the Consumer Protection Law No. 6502 also apply, giving additional rights in relation to information, delivery and termination. Disputes may then be heard by the consumer courts, while other cases go to the civil courts.
Time matters in these disputes. Notices of defects, claims for penalties and claims in insolvency proceedings are subject to time limits, so buyers should seek advice as soon as a problem appears.
- Turkish Code of Obligations No. 6098Sales contracts, contracts for work, default of the developer, defects, penalties and compensation.
- Consumer Protection Law No. 6502Rules on pre-paid housing sales and the rights of consumer buyers.
- Condominium Law No. 634Construction servitude, condominium ownership and the management of residential buildings.
- Turkish Civil Code No. 4721Land registry records and actions for the registration of title.
- Enforcement and Bankruptcy Law No. 2004Bankruptcy, composition and the position of buyers as creditors of the developer.
Send a short summary of your situation in English. Attorney Ahmet Alkan will review it and explain your options and the next steps — whether you are in Antalya or abroad.
How a Property Dispute With a Developer Is Handled
Each case depends on the contract and the stage of the project, but most follow the path below.
- 01
Document Review
The contract, payment receipts, project documents and land registry records are reviewed to establish the buyer’s rights and any time limits.
- 02
Formal Notice
The developer is put on notice through a notary, which fixes the date of default and often opens the way to a negotiated solution.
- 03
Interim Protection
Where there is a risk of the unit being sold or encumbered, an interim injunction or an annotation on the land registry can be requested.
- 04
Lawsuit & Enforcement
If no settlement is reached, the claim for registration of title, refund or compensation is filed, and the judgment is enforced against the developer.
Tip for off-plan buyers: Keep every payment receipt and make payments through a bank in the name of the developer company. Payments made in cash or to individuals are much harder to prove later.
Construction and Tapu Disputes: Frequently Asked Questions
The developer has not given me the tapu. What can I do?
If you have a valid sales promise contract and have fulfilled your payment obligations, you may be able to file a lawsuit for the registration of the title in your name. Before that, the developer is usually given formal notice through a notary.
My off-plan property is delayed. Can I get my money back?
Depending on the contract and the length of the delay, the buyer may demand performance with compensation for the delay, or terminate the contract and claim a refund. The best option depends on the state of the project and the financial position of the developer.
Is a sales contract signed at the developer's office valid?
A sales promise for real estate generally needs to be made before a notary to be valid. A private contract may still help prove payments, but it gives weaker protection, so it should be reviewed by a lawyer as soon as possible.
What happens if the developer goes bankrupt?
Buyers may need to file their claims in the bankruptcy or composition proceedings within the time limits announced. Buyers whose rights are annotated on the land registry are generally in a stronger position, which is why early action is important.
Who pays for construction defects in a new building?
The developer is generally liable for defects in the property it sells or builds. The buyer must notify defects within the applicable time limits, and an expert report is often used to establish the defects and the cost of repair.
Your Antalya Attorney
Facing a problem with your property in Turkey?
Attorney Ahmet Alkan is an English-speaking lawyer in Antalya who represents property buyers in disputes with developers and sellers, including delayed projects, missing title deeds and construction defects.
The information on this page is general in nature, reflects Turkish law at the time of publication and does not constitute legal advice. For an assessment of your particular case, please consult a lawyer.
