Foreign Buyer Is Charged Site Fees Before Receiving the Keys in Turkey: Can the Charges Be Challenged? (2026 Updated Guide)

A foreign property buyer in Turkey is charged apartment complex maintenance fees before receiving the keys. Learn when site fees begin, who may be responsible, how to challenge disputed charges, and what foreign buyers should check before paying.

Buying an apartment in Turkey can create an unexpected dispute when the foreign buyer receives a demand for site fees, common expenses or maintenance charges before the keys have even been delivered. The buyer may have never entered the apartment, may still be waiting for construction defects to be corrected, or may be unable to use the property because the developer has not completed the contractual handover. Nevertheless, the site management may begin issuing monthly charges and sometimes add interest or start debt-collection proceedings. Whether these charges can be challenged depends on several factors, particularly the date ownership passed to the buyer, the legal basis of the common expense, the management plan, the contractual delivery arrangements and whether the buyer’s inability to use the apartment resulted from the developer’s delay.

What Are Site Fees?

Residential complexes commonly have expenses relating to security, cleaning, elevators, landscaping, swimming pools, heating systems, technical maintenance, personnel, insurance and other common facilities.

Owners and, in some circumstances, occupants can be responsible for contributing to common expenses under the condominium framework.

However, a dispute may arise over when the foreign buyer’s liability actually began.

Receiving the Keys and Becoming the Owner Are Not Always the Same Date

One of the most important distinctions is between legal ownership and physical delivery.

A buyer may receive title before receiving the keys. Alternatively, the purchase contract may have been signed while title transfer and physical delivery remain pending.

These different situations should not be treated identically.

First Check the Title Transfer Date

The foreign buyer should determine when the property was officially registered in their name.

If title has already passed, the site management may rely on ownership status when demanding common expenses. However, this does not automatically resolve every dispute concerning the developer’s delayed delivery or contractual responsibility.

Then Check the Physical Delivery Date

Determine when the apartment was actually handed over—or whether delivery has occurred at all.

Relevant evidence can include a handover protocol, key-delivery document, defect report, emails, messages and correspondence with the developer.

No Keys Does Not Automatically Mean No Site Fee

Foreign buyers should be careful with the assumption that “I did not receive the keys, therefore I owe nothing.”

Common expenses are not necessarily determined exclusively by actual physical use of the apartment. Some expenses relate to ownership and maintenance of the common property rather than the owner’s individual use.

The precise legal and contractual circumstances must therefore be examined.

Non-Use of Common Areas May Not Eliminate Every Common Expense

An owner generally cannot assume that refusing to use a swimming pool, elevator, garden, security service or another common facility automatically eliminates responsibility for common expenses.

The nature of the expense and the applicable condominium arrangements matter.

But Developer Delay Can Create a Separate Claim

The site management’s claim and the buyer’s claim against the developer should be separated.

Even where the buyer is legally responsible for certain common expenses toward the site management, the buyer may potentially have a contractual claim against the developer if those expenses arose during a period in which the developer wrongfully delayed delivery.

This distinction can be decisive.

Review the Sale Contract

The purchase agreement should be examined carefully for clauses concerning delivery, title transfer, site management, common expenses, maintenance fees and the date on which these obligations pass to the buyer.

Some contracts expressly allocate site expenses before or after handover.

Check the Promised Delivery Date

If the developer promised delivery on a specific date but failed to deliver, preserve the relevant contractual clause.

The length and reason for the delay should also be documented.

Why Were the Keys Not Delivered?

The reason matters.

The buyer may have refused delivery because of serious defects. The developer may not have completed construction. Occupancy or other project issues may exist. Alternatively, the buyer may simply have failed to attend an agreed handover appointment.

Each scenario can produce a different legal assessment.

Buyer Refuses Delivery Because of Defects

Suppose the developer states that the apartment is ready, but the foreign buyer identifies major construction defects and refuses to sign the handover protocol.

The dispute then involves whether valid delivery was actually offered and whether the identified defects justified the buyer’s refusal.

Photographs, expert reports and written defect notifications can become important.

Developer Has Not Completed the Apartment

The buyer’s position can be materially different where the apartment objectively cannot be delivered because construction is incomplete.

The foreign buyer should document the condition of the property and all communications concerning postponed delivery.

Site Management and Developer May Be Separate Entities

Foreign buyers sometimes send every objection to the construction company even though the payment demand comes from a separate site-management body.

Identify exactly who is claiming the money.

The legal relationship with the management and the contractual relationship with the developer may require separate responses.

Ask for a Detailed Account Statement

Do not pay an unexplained lump sum merely because it is described as “site debt.”

Request a breakdown showing the period charged, monthly amount, type of expense, interest, previous balance and any additional charges.

Ask for the Legal Basis of the Charges

The buyer should identify how the monthly contribution was determined.

Relevant documents can include the management plan, owners’ meeting decisions, operating project or budget and other records supporting the calculation.

Check Whether the Amount Was Properly Allocated

Different common expenses may be allocated according to different rules or applicable arrangements.

The buyer should therefore examine not only whether a charge exists but also whether the amount attributed to the apartment was calculated correctly.

Extraordinary Charges Should Be Examined Separately

A monthly maintenance fee is different from a large one-time demand for major repairs, renovation, equipment replacement or another extraordinary expense.

The foreign buyer should request a specific explanation for substantial additional charges.

Charges Before Title Transfer Require Particular Attention

If the demanded fees relate to a period before the buyer became the registered owner, the management should be asked to explain the legal basis for imposing those historical charges on the buyer.

The title date and each charged month should be compared carefully.

Developer-Owned Periods Should Be Identified

If the developer remained the owner during part of the period for which fees are demanded, determine who was responsible for those expenses during that time.

A buyer should not automatically accept a developer’s historical liabilities simply because the property was later transferred.

Obtain the Management Plan

The management plan can contain important provisions concerning the administration of the complex and allocation of common expenses.

Foreign buyers should obtain and review it rather than relying only on statements from sales representatives.

Sales Brochures Are Not Enough

A developer may have advertised “free maintenance,” “no site fees for the first year” or similar benefits.

If such a promise formed part of the transaction, preserve brochures, advertisements, emails and written sales communications.

The legal effect will depend on the circumstances and contractual evidence.

WhatsApp and Email Evidence Should Be Preserved

Foreign buyers frequently communicate with developers and property managers through messaging applications.

Preserve messages concerning delivery dates, key collection, defects, maintenance charges and promises that fees would begin only after handover.

Screenshots alone should not be the only evidence where complete digital records can be retained.

What If the Buyer Was Abroad?

Being outside Turkey does not by itself eliminate common-expense obligations.

The key questions remain ownership, the nature of the expense, contractual arrangements and the legal basis of the charge.

Can the Buyer Object to the Site Management?

Yes, disputed charges can be challenged where there is a legal or factual basis.

The objection should identify the exact months and amounts disputed and explain why the buyer believes liability did not arise or was incorrectly calculated.

A general statement such as “I never lived there” may be insufficient.

Do Not Ignore Formal Payment Demands

If the management sends a formal demand, the buyer should respond promptly.

Ignoring the matter can allow interest, enforcement expenses and procedural risks to increase.

What If Enforcement Proceedings Are Started?

Site-management debts can lead to enforcement proceedings.

A foreign buyer who receives an official payment order should immediately determine the applicable objection period and procedure. Enforcement deadlines can be short, and missing them may substantially complicate the defense.

Service of Documents to Foreign Buyers Can Create Problems

Foreign owners may live outside Turkey and discover proceedings only after significant time has passed.

The validity of service, registered address and method of notification should be examined where the buyer states that they never received the relevant documents.

Do Not Rely Only on the Developer to Handle the Case

A developer may promise to “solve everything with management,” but the foreign buyer should still monitor any formal proceedings personally through legal representation where appropriate.

Contractual promises do not automatically stop enforcement deadlines.

Can Interest Be Challenged?

Potentially. The underlying debt, due date, calculation method and legal basis of the claimed interest should be examined.

If the principal amount itself is disputed, the interest calculation should be reviewed separately.

Can the Buyer Pay Under Reservation?

Depending on the circumstances, a buyer concerned about enforcement consequences may consider whether payment while expressly preserving rights is strategically appropriate.

The consequences should be evaluated before payment, particularly if reimbursement will later be sought from the developer.

Can Payments Be Recovered?

If the buyer pays amounts that were not legally owed, recovery may potentially be pursued depending on the legal basis and facts.

Evidence of every payment should therefore be retained.

Can the Developer Be Required to Reimburse Site Fees?

Potentially, particularly where the sale contract places responsibility on the developer until delivery or where the buyer’s loss results from a legally attributable delay.

The site-management obligation and reimbursement claim against the developer should nevertheless be analyzed separately.

Delayed Delivery Can Create Wider Claims

Site fees may be only one element of the buyer’s loss.

Depending on the contract and circumstances, delayed delivery can potentially raise claims involving rental loss, contractual penalties, additional accommodation expenses or other provable damages.

Foreign Buyers Should Document the Entire Delay

Create a timeline showing the contractual delivery date, title-transfer date, actual or proposed handover dates, defect notifications, key-delivery date and every site-fee demand.

This chronology can reveal whether the disputed charges coincide directly with the developer’s delay.

What If the Developer Controls the Site Management?

New developments sometimes involve close relationships between the developer and initial management structure.

That relationship does not automatically invalidate charges, but the legal basis, management decisions and expense calculations should still be examined independently.

Request Supporting Financial Documents Where Legally Available

If charges appear unusually high, the buyer should determine what records can be reviewed concerning the site’s budget and expenditure.

The objective is to distinguish genuine common expenses from unsupported demands.

Compare the Apartment With the Correct Unit

Administrative mistakes can occur in large developments.

Verify the apartment number, block, ownership date and account details. A previous owner’s or developer’s balance should not be accepted without investigation.

Multiple Properties Require Separate Review

A foreign investor owning several apartments should obtain a separate statement for each unit.

Do not accept a consolidated figure that makes it impossible to determine which property or period generated the debt.

What If the Apartment Was Purchased as an Investment?

The fact that the property was never personally occupied does not automatically eliminate common-expense liability.

Investment properties remain subject to the applicable ownership and condominium rules.

Tenant and Owner Responsibilities Should Be Distinguished

If the apartment was rented after delivery, determine which expenses are payable by the tenant and which remain the owner’s responsibility.

The lease agreement does not necessarily alter the rights of the site management against persons legally responsible under the applicable framework.

Do Not Sign a Handover Protocol Without Checking It

The handover document may contain statements that the buyer accepts the apartment without objection or acknowledges certain financial obligations.

Foreign buyers should understand the document before signing.

Preserve Defect Reservations

If keys are accepted despite unresolved defects, the buyer should consider documenting those defects expressly rather than allowing key delivery to be interpreted as unconditional acceptance of every aspect of the property.

2026 Practical Strategy for Foreign Buyers

A foreign buyer who receives a site-fee demand before key delivery should first separate three dates: the title-transfer date, the contractual delivery date and the actual key-delivery date. The buyer should then obtain the management account statement, management plan, relevant expense decisions and purchase contract.

If the site management has a legally sustainable claim but the charge resulted from the developer’s delayed handover, the buyer should separately evaluate recovery from the developer rather than assuming that refusing payment to management is the only solution.

Immediate Action Checklist

The foreign buyer should determine the title-transfer date, identify the contractual delivery date, document whether keys were actually delivered, obtain a detailed site-fee statement, identify the legal basis of each charge, review the management plan, preserve developer communications, check whether historical charges relate to the developer’s ownership period, respond promptly to formal demands and protect all deadlines if enforcement proceedings have started.

Frequently Asked Questions

Can a foreign buyer be charged site fees before receiving the keys?

Potentially. Key delivery is not necessarily the only factor determining liability. Ownership, the type of expense, management arrangements and the purchase contract must be examined together.

Does not living in the apartment eliminate site fees?

Not automatically. Many common expenses relate to ownership and maintenance of the common property rather than actual personal use.

What if the developer has delayed delivery?

The buyer may potentially have a separate contractual claim against the developer for expenses or losses caused by the delay.

Can fees relating to the period before title transfer be challenged?

Potentially. The management should be asked to establish why the buyer is responsible for charges arising before ownership was transferred.

What documents should the foreign buyer request?

The purchase contract, title information, handover documents, management plan, detailed account statement and documents supporting the relevant common-expense decisions are particularly important.

Can a foreign buyer challenge excessive site fees?

Potentially. The legal basis, allocation method and decisions underlying the charges should be examined.

What if the buyer receives an enforcement payment order?

The buyer should act immediately. The applicable objection procedure and deadline should be determined without delay.

Can the buyer recover site fees from the developer?

Potentially, depending on the contract and whether the developer’s breach or delayed delivery caused the buyer to incur those expenses.

Does being outside Turkey excuse payment?

Not automatically. Physical absence does not itself determine responsibility for common expenses.

What is the most important first step?

Compare the title-transfer date, contractual delivery date and actual key-delivery date with every month for which site fees are claimed. This usually reveals whether the dispute concerns the site management’s demand, the developer’s delayed delivery, or both.

Legal Support for Foreign Property Buyers

Foreign buyers can face disputes involving site fees, delayed handover, construction defects, management charges, enforcement proceedings and developer liability. Fırat Fesih Kaya Law Office assists foreign property buyers and investors in evaluating disputed maintenance charges, reviewing purchase and management documents, responding to payment demands and enforcement proceedings, and pursuing claims against developers where delayed delivery or contractual breaches cause financial losses.

Lawyer Fırat Fesih Kaya provides legal assistance to foreign buyers in property and real estate disputes in Turkey.

Phone: +90 312 434 22 22

Mobile / WhatsApp: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey