Developer Changes the Apartment Floor or Unit Number After Sale in Turkey: Can the Buyer Object? – 2026 Updated Guide

A developer changes the apartment floor, unit number or block after sale in Turkey. Learn about buyer objections, title registration, price reduction, cancellation and compensation.

developer-changes-apartment-floor-unit-number-turkey

Can the Buyer Object to a Changed Apartment Floor or Unit Number?

Yes. A buyer may object if the developer changes the apartment floor, unit number, block, orientation, size or physical identity after the sale.

The legal result depends on whether the change is:

• A purely administrative renumbering;
• A minor project adjustment;
• A change caused by an approved plan;
• A different apartment being delivered;
• A lower or less valuable floor;
• A change affecting the view, light or privacy;
• A reduction in area;
• A loss of parking or storage;
• A transfer of the promised apartment to another buyer.

A foreign buyer does not have to accept a material change merely because the developer says that the project plan has been revised.

When Is a Floor or Unit Change Material?

A change may be material if it affects the property’s value, use or the main reason for the purchase.

Examples include:

• Changing a high-floor apartment to a lower floor;
• Replacing a sea-view or open-view unit;
• Moving the buyer to another block;
• Providing a smaller apartment;
• Changing the orientation or sunlight;
• Removing a balcony or terrace;
• Changing the number of bedrooms;
• Removing a promised parking space;
• Replacing a private storage unit;
• Delivering a unit with a different title share;
• Changing the promised project position.

The buyer should compare the original sale documents with the revised plan and the unit offered at delivery.

What If the Unit Number Changed but the Apartment Is the Same?

A numbering change may not create a serious legal problem if:

• The physical apartment is unchanged;
• The floor, size, view and layout are the same;
• The title records are updated correctly;
• The change resulted from official renumbering;
• The buyer suffers no material loss.

In this situation, the buyer should request written confirmation and ensure that the contract, title records, plans and delivery documents all identify the same physical unit.

An administrative numbering change should not be used to conceal the delivery of a different apartment.

What If the Developer Offers a Different Apartment?

The developer should not normally substitute a different apartment without a valid contractual basis or the buyer’s agreement.

The buyer may consider:

• Rejecting the substitute unit;
• Requesting delivery of the originally promised unit;
• Accepting the new unit with a price adjustment;
• Requesting an equivalent or better apartment;
• Claiming compensation for the difference;
• Seeking cancellation and repayment in serious cases.

The buyer should not accept a different apartment merely by taking the keys or signing a delivery document without recording objections.

Can the Buyer Demand the Original Apartment?

Possibly.

If the original apartment still exists and the developer has no lawful basis for substitution, the buyer may request delivery and registration of the agreed unit.

The buyer should review:

• The apartment number;
• Floor;
• Block;
• Independent unit description;
• Net and gross area;
• Orientation;
• Parking and storage rights;
• Title share;
• Approved floor plans;
• Delivery date;
• Contractual substitution clause.

If the developer has sold or transferred the same apartment to another person, the dispute may require urgent legal action to protect the buyer’s contractual and registration rights.

What If the Buyer Has Not Received the Title Deed?

If title registration has not yet occurred, the buyer may have stronger practical options to object before completion.

The buyer may request:

• Correct delivery of the promised unit;
• Correct title registration;
• A written explanation;
• An amendment reflecting the agreed apartment;
• A replacement of equal or greater value;
• A price adjustment;
• Cancellation and refund;
• Compensation for delay and expenses.

The buyer should avoid signing final delivery or settlement documents that describe the substitute apartment as accepted unless the buyer genuinely agrees to the change.

What If the Title Deed Has Already Been Transferred?

Title deed transfer does not automatically eliminate the buyer’s rights.

If the registered unit is not the unit agreed in the contract, the buyer may consider:

• A claim to correct the registration;
• A claim to reverse an incorrect transfer;
• A performance claim;
• A price reduction;
• Compensation;
• Rescission or cancellation in serious circumstances.

The buyer should compare the title registration with the sale agreement and approved plans. If the registration identifies the wrong apartment, urgent legal measures may be necessary to prevent further transfer or mortgage registration.

Can the Buyer Request a Price Reduction?

Yes. A price reduction may be appropriate if the buyer accepts the changed apartment but its value is lower than the original unit.

The reduction may reflect:

• A lower floor;
• Loss of view;
• Reduced area;
• Different orientation;
• Lower market value;
• Less privacy;
• Loss of parking or storage;
• Inferior facilities;
• Reduced rental income;
• Additional finishing or moving costs.

An independent valuation can help establish the difference between the promised apartment and the unit actually offered.

Can the Buyer Cancel the Sale?

Cancellation or rescission may be considered where the change is serious and the substitute property is materially different from what was purchased.

Factors supporting cancellation may include:

• The buyer paid for a specific floor or view;
• The substitute unit is materially smaller;
• The property has a different block or location;
• The change defeats the investment purpose;
• The developer concealed the change;
• The original unit was sold to another person;
• The substitute unit cannot be lawfully registered;
• The developer refuses a reasonable solution.

Cancellation is not automatic. A court may determine that delivery, replacement, price reduction or compensation is more appropriate.

The buyer should not unilaterally abandon payments or attempt to cancel the title registration without legal advice.

Can the Developer Rely on a “Subject to Change” Clause?

A project contract may contain a clause allowing changes to plans, measurements or unit numbering.

The effect depends on:

• The exact wording;
• Whether the buyer was informed;
• Whether the change is technical or material;
• Whether the buyer received an equivalent unit;
• Whether the purchase price was adjusted;
• Whether the developer acted in good faith;
• Whether the clause unfairly removes all developer liability.

A general clause allowing changes does not necessarily authorize the developer to replace a valuable apartment with a substantially inferior one.

What Evidence Should the Buyer Preserve?

The buyer should collect:

• The sale agreement;
• Reservation and payment documents;
• Floor plans;
• Project brochures;
• Website screenshots;
• Messages with the developer or agent;
• Apartment photographs;
• Title deed records;
• Delivery documents;
• Official numbering records;
• Approved project plans;
• Valuation reports;
• Evidence of rental value;
• Records of additional expenses.

The buyer should preserve original digital files and record when the change was first communicated.

Statements such as “top-floor apartment,” “open view,” “private parking,” “specific unit number” or “same unit as shown in the plan” may be important evidence.

What Should the Foreign Buyer Do Immediately?

The buyer should:

1. Request the proposed change in writing.
2. Ask for the legal and technical reason.
3. Compare the original and revised plans.
4. Avoid signing acceptance documents immediately.
5. Record an objection in writing.
6. Obtain an independent valuation.
7. Check the title and registration status.
8. Send a formal notice to the developer.
9. Consider mediation and urgent legal protection.
10. Obtain legal advice before making further payments.

If there is a risk that the original apartment will be transferred to another person, the buyer should act urgently.

Is Mediation Required?

Pre-litigation mediation may be mandatory for certain consumer, civil or commercial disputes.

Mediation may address:

• Delivery of the original unit;
• A replacement apartment;
• Price reduction;
• Compensation;
• Correct title registration;
• Cancellation and repayment;
• Moving and rental expenses;
• A written settlement.

The agreement should clearly identify the apartment, floor, block, size, parking rights, title registration and consequences of non-performance.

Mediation should not delay an urgent application if the developer is preparing to transfer the unit to another buyer.

Can a Foreign Buyer Handle the Dispute From Abroad?

In many cases, yes.

A foreign buyer may authorize a Turkish lawyer to:

• Review the sale documents;
• Obtain project and title records;
• Send formal notices;
• Coordinate valuation;
• Attend mediation;
• Request urgent legal measures;
• File a civil or consumer claim;
• Challenge an incorrect registration;
• Pursue compensation or cancellation.

The power of attorney may require notarization, apostille or consular legalization and certified translation, depending on where it is signed.

Lawyer Fırat Fesih Kaya assists foreign buyers with unit substitution, floor changes, title registration disputes, developer liability, compensation and property litigation in Turkey.

Common Mistakes by Foreign Buyers

Foreign buyers should avoid:

1. Accepting a different unit verbally;
2. Signing a delivery document without objections;
3. Assuming a new unit number is merely administrative;
4. Failing to compare the revised plan;
5. Paying the final balance before confirming the property;
6. Ignoring a risk of transfer to another buyer;
7. Losing brochures and sales messages;
8. Accepting a lower-value apartment without adjustment;
9. Signing a waiver or release too quickly;
10. Waiting until title registration is completed.

Conclusion

A developer cannot normally change the apartment floor or unit number after sale without considering the buyer’s contractual and legal rights.

A purely administrative numbering change may not justify a claim if the physical apartment remains identical. A material change affecting the floor, view, size, block, parking, storage, value or title registration may constitute a serious breach.

A foreign buyer may request the original apartment, an equivalent replacement, price reduction, compensation or cancellation depending on the facts. Early written objection, evidence preservation and urgent legal review are essential.

Frequently Asked Questions (FAQ)

1. Can a developer change the apartment floor after sale?

The developer may make a lawful project adjustment in some cases, but a material change to the agreed floor or apartment may be challenged by the buyer.

2. Is a unit number change always unlawful?

No. An official renumbering may be harmless if the physical apartment, floor, size and value remain the same.

3. Can the buyer reject a lower-floor apartment?

Possibly. If the contract promised a specific floor, view or unit and the substitute is materially inferior, the buyer may object and seek legal remedies.

4. Can the buyer demand the original apartment?

Yes, potentially, if the original unit was clearly agreed and remains available. The contract and project documents must be reviewed.

5. Can the buyer request a price reduction?

Yes. A price reduction may reflect a lower floor, reduced area, loss of view, parking or other loss in value.

6. Can the buyer cancel the purchase?

Cancellation may be possible where the change is serious and the substitute apartment is materially different from the purchased property.

7. Does title deed transfer eliminate the buyer’s rights?

No. The buyer may still have claims if the registered unit does not match the contract or the developer concealed a material change.

8. Can the developer rely on a “subject to change” clause?

The clause may be relevant, but it does not automatically permit a substantial reduction in quality or value.

9. Is mediation required before suing the developer?

Mediation may be mandatory for certain claims. The requirement should be checked before filing a lawsuit.

10. Can a foreign buyer pursue the dispute from abroad?

In many cases, yes. A properly authorized Turkish lawyer may manage notices, valuation, mediation, title records and court proceedings.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

If a developer changes your apartment floor, unit number or block after sale, Fırat Fesih Kaya Law Office can review your contract and project records, object to the substitution, seek correct title registration and pursue price reduction, compensation or cancellation remedies.

Lawyer Fırat Fesih Kaya provides legal support to foreign buyers in unit substitution disputes, title registration problems, developer liability, incomplete delivery and real estate litigation in Turkey.

Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Office Address: Mevlana Boulevard No:221, Yildirim Tower, Office No:148, Balgat, Cankaya, Ankara, Turkey