

Buying an apartment or off-plan property directly from a Turkish construction company? Learn the essential legal checks foreign buyers should complete before signing, including developer ownership, title deeds, mortgages, construction permits, payment security, delivery deadlines, occupancy status and contract risks.
Buying directly from a Turkish construction company can offer foreign investors access to newly built apartments, off-plan developments, luxury residences, villas and mixed-use projects before they reach the secondary market.
It can also expose the purchaser to risks that do not normally arise when buying a completed property from an individual owner.
The company selling the apartment may not own the underlying land. The project may be heavily mortgaged. Construction permits may be incomplete. The developer may have enforcement proceedings or financial difficulties. The apartment described in the sales contract may not correspond precisely with the legally registered unit. The contract may allow extensive project changes or delays while imposing severe penalties on the purchaser.
For qualifying pre-paid residential transactions, Turkish consumer law provides substantial protections. The Ministry of Trade’s updated 5 March 2026 guidance confirms requirements concerning construction permits, pre-contract information, formal execution, security for larger projects, withdrawal rights and delivery. (Tüketici Ticaret Bakanlığı)
The safest principle is simple:
Do not investigate only the apartment. Investigate the construction company, land, project, financing, permits, title structure and purchase contract before signing or transferring substantial funds.
Begin by identifying the legal entity that is actually selling the property.
Large developments may operate through several related companies:
The recognizable brand advertised internationally may not be the legal entity signing your contract.
The buyer should identify the company’s full corporate name, registration details and authority to enter into the transaction.
Never assume that the developer owns the project land.
The land may belong to:
individual landowners, another company, a joint venture, multiple co-owners or a separate project entity.
The developer may instead be constructing under a land-for-construction agreement.
This structure is common and is not automatically problematic.
However, the purchaser must understand why the construction company has the legal right to sell the specific apartment being offered.
The underlying land registry record is one of the most important documents in the transaction.
It should be checked for:
registered ownership, mortgages, attachments, court annotations, easements, usufruct rights, contractual annotations and other restrictions.
The Ministry of Trade specifically recommends investigating ownership of the project land through the Land Registry and checking for annotations, declarations and other matters that could reduce the value of the purchased property. (Tüketici Ticaret Bakanlığı)
A glossy sales brochure cannot replace a land registry investigation.
This becomes particularly important where the developer does not own the entire project.
Suppose a landowner and construction company have agreed that certain apartments will belong to the landowner and others to the developer.
The foreign buyer must establish that the apartment being marketed actually falls within the developer’s contractual entitlement.
Otherwise, the buyer could pay a company for a property that the company ultimately cannot transfer.
Construction projects frequently require substantial bank financing.
Consequently, the project land or individual units may be mortgaged.
A mortgage does not necessarily mean that the purchase should be abandoned.
But the buyer needs answers to several questions:
Which bank holds the mortgage?
What obligations does it secure?
Does the mortgage cover the purchased apartment?
What conditions must be satisfied before release?
Will release occur before, simultaneously with, or after payment?
The purchase agreement should provide a clear mechanism.
A salesperson may say:
“Every apartment is mortgaged during construction. The bank automatically releases yours when you buy.”
That statement should be verified.
Where the property must be transferred free from mortgage, the transaction should establish how the release will actually occur.
Paying the entire purchase price and hoping the developer subsequently obtains a release can create unnecessary risk.
Developer financial problems can result in creditor enforcement.
Attachments may be registered against:
project land, independent units or other developer assets.
An attachment discovered after the purchaser has paid a large percentage of the price can create a serious dispute.
Title records should therefore be checked both before signing and shortly before final transfer.
The land or project may be involved in litigation.
Potential disputes include:
ownership claims, landowner-developer disputes, inheritance litigation, title cancellation claims or contractual disputes affecting development rights.
A pending dispute does not always prevent purchase, but its consequences must be understood.
This is essential for off-plan purchases.
For qualifying pre-paid housing transactions, Turkish law expressly provides that a pre-paid housing agreement cannot be concluded before the construction permit has been obtained. (Tüketici Ticaret Bakanlığı)
Do not accept explanations such as:
“The permit is almost ready.”
“The municipality has verbally approved everything.”
“Construction will start while the paperwork is completed.”
Verify the actual legal position.
This requirement is not merely technical.
For 2026, the Ministry of Trade states that selling pre-paid housing to consumers without obtaining the required construction permit can result in an administrative fine of TRY 1,987,014. (Tüketici Ticaret Bakanlığı)
This illustrates the importance Turkish consumer law places on the permit requirement.
The purchaser should compare what the developer is selling with the officially approved project.
Check:
building, block, floor, apartment number, layout, net area, gross area, balcony, terrace and relevant common areas.
The Ministry’s 2026 guidance specifically advises consumers to examine the independent-unit plan, site plan, floor plan and technical specifications before contracting. (Tüketici Ticaret Bakanlığı)
Do not purchase merely:
“Apartment B-1704.”
The property should be capable of precise legal identification.
The agreement should clearly connect the commercial apartment reference with the official property information.
This becomes particularly important in developments containing hundreds or thousands of units.
Foreign purchasers frequently encounter disputes concerning advertised size.
A developer may advertise:
“180 square meters.”
But that number may incorporate areas that the purchaser did not expect.
The buyer should establish the contractual:
net area, gross area and methodology used to describe the apartment.
The Ministry’s current guidance specifically advises consumers to check both net and gross areas before signing. (Tüketici Ticaret Bakanlığı)
Do not rely solely on the show apartment.
The contract documentation should establish what will actually be delivered.
Relevant specifications can include:
flooring, kitchen units, sanitary equipment, windows, heating and cooling systems, doors, electrical equipment and other finishes.
The Ministry’s 2026 guidance specifically identifies the technical specification among the materials consumers should review. (Tüketici Ticaret Bakanlığı)
Show apartments are marketing tools.
They may contain:
premium finishes, furniture, upgraded kitchens, decorative lighting or optional equipment
that are not included in the standard purchase price.
The legally enforceable technical specification is therefore more important than the showroom appearance.
For qualifying pre-paid residential transactions, the seller must provide the consumer with a preliminary information form at least one day before the contract is concluded. (Tüketici Ticaret Bakanlığı)
Foreign buyers should use that period to examine the documentation rather than signing everything during one sales meeting.
This is an important statutory protection.
Under Law No. 6502, the seller cannot require the consumer to make a payment or issue a document placing the consumer under debt before a valid pre-paid housing contract has been concluded. (Tüketici Ticaret Bakanlığı)
This should be remembered when a salesperson says:
“Transfer the reservation payment today and we will prepare the legal documents later.”
The precise legal structure should be reviewed first.
Qualifying pre-paid housing transactions are subject to formal requirements.
The Ministry’s 2026 guidance explains that the transaction may be structured through:
a written contract together with registration of condominium easement in favor of the consumer, or
a preliminary sale agreement executed in the required form before a notary. (Tüketici Ticaret Bakanlığı)
A simple document printed by the sales office should not automatically be assumed sufficient.
Where a notarized preliminary sale agreement is used, the purchaser should consider the legal benefits of annotation in the land registry.
The Ministry’s current guidance notes that the consumer can request annotation of the notarized preliminary sale agreement and highlights its importance in identifying who has rights over the property and reducing potential loss of rights. (Tüketici Ticaret Bakanlığı)
This can be particularly relevant in long construction periods.
The purchaser should ask:
What happens to my money if the developer fails?
For projects containing 30 or more residential units, current rules require the seller, before commencing sales, to provide at least one qualifying security mechanism.
These include:
building completion insurance, bank guarantee, progress-payment system or linked-credit security. (Tüketici Ticaret Bakanlığı)
Do not simply accept:
“The project is government guaranteed.”
Ask what the actual security mechanism is.
If the company claims there is a bank guarantee, examine it.
If it claims building completion insurance exists, verify the policy.
If a progress-payment mechanism applies, understand how funds are released.
The Ministry of Trade states that the administrative fine applicable in 2026 for sellers failing to comply with the required payment-security obligation is TRY 9,935,181. (Tüketici Ticaret Bakanlığı)
Again, this demonstrates how seriously the regulatory framework treats protection of consumer payments.
A clean apartment title is not the entire picture.
An off-plan buyer is effectively taking exposure to the developer’s ability to complete the project.
Relevant warning signs can include:
numerous enforcement proceedings, restructuring, major creditor disputes, unpaid contractors, stalled projects or serious corporate litigation.
The more money paid before completion, the greater this risk becomes.
Investigate the company’s track record.
Questions worth asking include:
Did previous developments finish on time?
Were titles transferred successfully?
Were buyers involved in significant litigation?
Were promised facilities actually delivered?
Past performance does not guarantee future performance, but recurring problems deserve attention.
Developers may offer significant discounts for immediate payment.
For example:
“Pay 100% now and receive a 12% discount.”
The discount has to be weighed against the risk of losing leverage.
Where appropriate, staged payments connected to verified construction milestones may provide greater protection.
Before transferring funds, compare:
contracting company name, bank account holder and payment instructions.
Do not transfer substantial property funds to:
a salesperson, unrelated individual, unidentified intermediary or different company
without understanding the legal basis.
Foreign buyers should retain:
SWIFT confirmations, bank statements, invoices, receipts, payment schedules and currency documentation.
These documents may later become critical in a refund, litigation or citizenship-related proceeding.
Foreign natural persons buying Turkish real estate are subject to the applicable foreign-exchange procedure.
TKGM states that foreign currency must be sold through a bank under the applicable Central Bank framework and the resulting Foreign Exchange Purchase Certificate is required for foreign natural persons acquiring real estate by purchase. (Tapu ve Kadastro Genel Müdürlüğü)
Payment arrangements should therefore be planned before closing.
The agreement should clearly establish:
purchase price, currency, exchange mechanism and installment amounts.
Foreign buyers should be particularly cautious where:
the marketing price is quoted in euros or dollars but the contract introduces a different currency mechanism.
Exchange-rate ambiguity can create significant disputes.
The contract should contain a clear delivery deadline.
Avoid vague wording such as:
“Estimated completion.”
“Approximately December.”
“Subject to construction progress.”
The buyer needs to know when the developer becomes legally late.
For qualifying pre-paid housing, the current regulatory framework provides that delivery must occur within the agreed contractual period and cannot exceed 48 months from the contract date. (Tüketici Ticaret Bakanlığı)
Older internet articles referring to a 36-month maximum may therefore be outdated.
A strong agreement should address:
delay compensation, rental loss where applicable, termination rights, refunds and any grace period.
A delivery date with no meaningful consequence for delay provides limited protection.
Developers sometimes draft extremely broad force-majeure provisions.
A clause should not casually allow unlimited extensions for ordinary commercial problems such as:
financing difficulties, contractor problems or predictable cost increases.
The scope and consequences of force majeure should be reviewed carefully.
A contract may give the developer authority to change:
layout, materials, common areas, landscaping or facilities.
Broad discretion can undermine what the buyer believes they purchased.
For qualifying pre-paid housing, Turkish consumer legislation provides specific protections concerning project changes.
Current rules require project changes to be communicated to the consumer in writing or through a durable medium.
Where the consumer does not accept the relevant change, the current regulation provides a one-month period in which the consumer may, in qualifying circumstances, withdraw without paying taxes, expenses, compensation or similar charges. (Tüketici Ticaret Bakanlığı)
This is an important protection for off-plan purchasers.
Save:
website listings, brochures, floor plans, social media advertising, emails and WhatsApp messages.
These materials may contain representations concerning:
views, facilities, completion dates, rental income, apartment size or citizenship eligibility.
Do not assume the website will remain unchanged after a dispute arises.
Developers frequently market projects around amenities.
If the purchaser is paying a premium because of:
swimming pools, spa facilities, gym, concierge, landscaped gardens, private beach access or sports areas, determine whether those features are contractually promised.
Marketing imagery alone provides weaker protection than clear contractual obligations.
“Private parking” can mean several different things.
It might be:
part of the registered property, an allocated common-area space, contractual exclusive use or simply informal usage.
Verify the legal structure before assigning significant value to the parking promise.
The same issue applies to:
private gardens, roof terraces, storage units and other areas.
A sales representative may describe an area as “private,” while legally it remains common property subject only to usage allocation.
That distinction can matter substantially.
New developments can impose substantial management obligations.
Review:
common expenses, management authority, voting arrangements, facility costs, parking rules and usage restrictions.
Luxury developments can carry significant annual costs.
The purchase price is not the only cost.
A luxury residence with extensive facilities may require substantial recurring payments.
The purchaser should request realistic information concerning:
security, cleaning, landscaping, pools, gyms, technical maintenance and common-area utilities.
If the investment strategy involves holiday or short-term accommodation, do not assume ownership automatically permits unrestricted rental activity.
Separate legal requirements can apply.
The project’s management structure may also affect the intended use.
This should be investigated before purchase rather than after delivery.
Some developers market properties with statements such as:
“Guaranteed 10% rental return for three years.”
Ask:
Which legal entity gives the guarantee?
Is the return gross or net?
What costs are deducted?
When is payment due?
What security exists if the guarantor fails?
A rental guarantee is only as valuable as the contract and the entity standing behind it.
A developer may promise to repurchase the apartment after several years.
Review:
repurchase price, date, conditions, guarantor and security.
An unsecured repurchase promise from a company with no meaningful assets may have little practical value.
Foreign purchasers are frequently told:
“This apartment qualifies for Turkish citizenship.”
Do not treat a sales statement as a legal determination.
Citizenship-related property transactions have separate requirements.
Where citizenship is a principal objective, eligibility should be investigated before substantial payment.
TKGM’s current foreign-purchaser documentation includes title information, passport or identity documentation, municipal property-value information, compulsory earthquake insurance where applicable, foreign identification or tax information, the Foreign Exchange Purchase Certificate and representation documents where relevant. A real estate valuation report is specifically identified for Turkish citizenship applications. (Tapu ve Kadastro Genel Müdürlüğü)
This distinction is useful because outdated online guides may incorrectly describe every citizenship-related requirement as mandatory for every ordinary foreign purchase.
For qualifying pre-paid housing transactions, consumers have a significant statutory protection.
The buyer may withdraw within 14 days without giving a reason and without paying a penalty. (Tüketici Ticaret Bakanlığı)
This right should be distinguished from contractual termination based on developer breach.
Current Ministry guidance confirms that, while preserving the separate 14-day withdrawal right, qualifying consumers may withdraw from a pre-paid housing agreement for up to 24 months from the contract date, subject to the statutory financial consequences and exceptions. (Tüketici Ticaret Bakanlığı)
This can be important where the buyer wants to exit a development after the initial withdrawal period.
If the developer fails to perform properly, the buyer should not automatically characterize the situation as voluntary cancellation.
Potential breaches can include:
failure to deliver, inability to provide the promised property, unauthorized project changes or other material contractual violations.
The legal basis for ending the agreement can materially affect refund rights and deductions.
New construction can contain serious defects.
Common examples include:
waterproofing failures, insulation defects, façade problems, defective windows, electrical faults, plumbing defects and unfinished common areas.
The contract should not attempt to eliminate mandatory buyer protections.
Before signing a clean delivery report, inspect the apartment.
Record:
unfinished work, damaged surfaces, missing equipment and construction defects.
Photographs and written defect schedules can be valuable evidence.
Developers may provide standardized handover documents stating that the purchaser received the property:
“fully completed and without defect.”
If that is not true, do not casually sign the statement.
Reservations should be properly recorded.
The Ministry of Trade’s 2026 guidance specifically states that merely handing over the keys or physically giving possession does not necessarily constitute formal delivery under the pre-paid housing regime. (Tüketici Ticaret Bakanlığı)
The title and legal delivery structure must also be examined.
For a completed development, investigate whether the building has the necessary administrative status for lawful occupation and whether it corresponds with approved construction documents.
A building can appear entirely finished while legal or administrative issues remain unresolved.
A property checked six months earlier may no longer have the same registry status.
New:
mortgages, attachments, annotations or restrictions
may have appeared during construction.
A fresh title check shortly before closing is therefore essential.
Foreign buyers frequently purchase without remaining in Turkey throughout the transaction.
Remote transactions can be completed through appropriate representation, but they create additional risks involving:
identity verification, payment instructions, property inspection and powers of attorney.
TKGM’s current documentation expressly recognizes representation documents where the purchaser acts through a representative. (Tapu ve Kadastro Genel Müdürlüğü)
A power of attorney should be tailored to the intended transaction.
Do not grant unnecessarily broad authority concerning:
unrelated property, borrowing, mortgages, bank accounts or unrestricted transfers.
The purchaser should understand precisely what the representative can do.
The construction company’s lawyer acts for the construction company.
That lawyer’s role is not to provide independent protection to the purchaser.
For a significant investment, the buyer should consider separate legal representation capable of reviewing:
title, corporate authority, permits, financing and contract terms from the buyer’s perspective.
Ideally:
before the reservation fee becomes non-refundable and before the purchase contract is signed.
The purchaser has significantly more negotiating leverage before transferring substantial funds.
Legal review after 80% of the purchase price has already been paid is still useful—but the risk has already been assumed.
Before signing with a Turkish construction company, verify:
The larger the advance payment, the more important these checks become.
It can be, but direct purchase from a developer does not eliminate legal risk. The company, land ownership, title, mortgages, construction permit, contract, payment security and delivery arrangements should be independently investigated.
Yes. The underlying project land and available title structure can reveal ownership, mortgages, attachments and other restrictions. The Ministry of Trade specifically recommends land registry investigation before entering a pre-paid housing transaction. (Tüketici Ticaret Bakanlığı)
For qualifying pre-paid housing sales to consumers, no. Turkish consumer law prohibits concluding the relevant agreement before the construction permit has been obtained. (Tüketici Ticaret Bakanlığı)
For qualifying projects containing 30 or more residences, the applicable framework requires specified security such as building completion insurance, a bank guarantee, progress-payment system or linked-credit security. (Tüketici Ticaret Bakanlığı)
For qualifying pre-paid housing, consumers generally have a 14-day withdrawal right without giving a reason or paying a penalty. A separate right extending up to 24 months also exists, subject to its statutory conditions and possible deductions. (Tüketici Ticaret Bakanlığı)
Project changes are regulated. The consumer must be informed, and qualifying changes can give the buyer a right to withdraw within one month without the ordinary charges. (Tüketici Ticaret Bakanlığı)
For qualifying pre-paid housing, the current statutory maximum is 48 months from the contract date, although the parties can agree to a shorter period, which then binds the seller. (Tüketici Ticaret Bakanlığı)
Yes. Development land and units can be mortgaged as part of project financing. The purchaser should verify how and when the mortgage affecting the purchased property will be released.
A substantial advance payment increases exposure to developer non-performance and financial distress. The discount should be weighed against the legal and financial protection provided by the transaction structure.
Not necessarily. The Ministry’s current guidance expressly distinguishes simple physical or key delivery from the formal delivery mechanisms recognized under the pre-paid housing framework. (Tüketici Ticaret Bakanlığı)
Buying directly from a construction company can be attractive, particularly where a foreign investor can enter a project at an early stage or purchase a newly completed property.
But the transaction should be approached as an investment in both the property and the developer’s ability to perform.
Before signing, the buyer should know:
Who owns the land?
Does the construction company legally control the apartment being sold?
Is the construction permit valid?
Are there mortgages or attachments?
What protects advance payments?
When must the apartment be delivered?
What happens if construction stops?
Can the developer change the project?
How can the purchaser exit the agreement if the developer breaches?
Fırat Fesih Kaya Law Office provides legal assistance to foreign individuals, overseas investors and international clients concerning property purchases from Turkish construction companies, developer due diligence, off-plan property acquisitions, title deed verification, mortgage and attachment checks, construction permit reviews, purchase agreement negotiations, delayed delivery claims, developer insolvency, deposit recovery and real estate disputes in Turkey.
For substantial investments, due diligence should ideally be completed before the reservation payment or purchase price is transferred, rather than after a legal problem becomes visible.
A property-specific review should examine the construction company, registered landowner, current title records, development agreement, construction permit, approved plans, proposed unit, payment security and purchase contract together.
Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yıldırım Tower, Balgat, Çankaya, Ankara, Turkey