Construction Disputes
Legal assessment of disputes arising during or after a construction project.
A construction dispute may concern an unfinished project, delayed registration or a completed apartment that differs from the agreement. The legal assessment begins with the contract type, the buyer’s purpose and the relationship between the developer, landowner and registered property. These distinctions affect the remedies and procedure.
Issues that may need review
- The contractual handover date has passed, but the apartment or its title has not been transferred.
- The delivered unit differs from the agreed plan, floor area, specification or permitted use.
- A handover record contains a release or statement that conflicts with unresolved defects.
- The developer’s financial problems or a dispute with the landowner threatens completion or registration.
Documents for an initial assessment
- Sale or construction agreement, annexes, amendments, plans and technical specification.
- Payment receipts, instalment documents, bank guarantees and any linked-finance records.
- Title records, building and occupancy documents, progress reports and dated photographs.
- Handover forms, defect lists, notices, correspondence and documents from existing proceedings.
Process and conditions that matter
The contract and actual progress are first compared. Legal review may need a technical inspection or evidence-preservation procedure before defects are repaired or the building changes. The claim must distinguish late performance, defective performance, non-performance and the consequences of ending the contract.
For a qualifying prepaid consumer housing sale, the statutory maximum delivery period is 48 months; an earlier contractual date remains binding. This rule does not set the deadline for every construction arrangement. The relevant route may involve a notice, negotiation, applicable mediation or court proceedings, with the precise remedy and procedural conditions assessed together.
If you are outside Turkey
A buyer abroad may receive photographs or assurances without being able to inspect the site. A dated record of the agreed specifications, actual condition and communications is particularly useful. Before a representative signs a handover or settlement, their authority and any waiver language should be reviewed against the unresolved issues.
Questions and answers
Does receiving the keys always mean legal delivery has occurred?
No. The prepaid consumer housing rules recognise registration of kat mülkiyeti in the consumer’s name, or registration of kat irtifakı together with transfer of possession in a habitable condition. Handing over keys alone does not meet those conditions.
Can I simply stop every payment if construction is delayed?
That decision depends on the contract, the legal ground and the state of performance. The consequences of withholding payment should be assessed before action is taken.
Is the landowner–developer contract relevant to an apartment buyer?
It may be. The developer’s rights to the land or units and later registered transfers can affect the dispute. Current case law and the particular chain of transactions need examination.
Discuss a property matter
Identify the property, the main question and any important approaching date. A passport or a complete case file is not required for the first message.