Buying an apartment before construction has been completed—commonly referred to internationally as an off-plan property purchase—can provide buyers with attractive prices, instalment opportunities and the possibility of significant capital appreciation before completion.

However, purchasing a property that has not yet been completed also exposes the buyer to risks that do not normally arise when purchasing a finished property.

The development may be delayed. The completed apartment may differ substantially from the plans and advertisements. The developer may experience financial difficulties. The land may be subject to mortgages or attachments. Construction may not comply with the approved project. The developer may even become insolvent before transferring title to the buyer.

Turkish law provides significant protection for individual buyers purchasing residential units from developers, particularly through Law No. 6502 on Consumer Protection and the legislation governing prepaid housing sales (ön ödemeli konut satışı). The Turkish Ministry of Trade continues to regulate and provide official guidance on these transactions.

Nevertheless, legal protection after a problem arises is not a substitute for proper due diligence before money is transferred.

For anyone considering an off-plan property purchase in Turkey, the key question should therefore not simply be:

“Is this a good investment?”

It should also be:

“What legal protection do I have if the developer does not deliver what was promised?”

1. What Is an Off-Plan Property Purchase Under Turkish Law?

“Off-plan property” is a commercial expression rather than the principal statutory terminology used by Turkish consumer legislation.

Where a consumer agrees to purchase residential property and pays all or part of the price before the property is transferred or delivered, the transaction may constitute a prepaid housing sale (ön ödemeli konut satışı) under Law No. 6502.

The purpose of this regime is particularly relevant to developments marketed while construction is ongoing or even before substantial construction has begun.

Consumer protection rules generally become relevant where the buyer acts for personal purposes and the seller acts commercially or professionally.

The legal analysis may be different where property is purchased by a company or as part of the buyer’s professional commercial activity. Therefore, whether the purchaser legally qualifies as a consumer should always be determined at the beginning of the transaction.

2. The First Major Protection: The Developer Must Have a Building Permit

One of the most important rules concerning prepaid housing sales in Turkey is that a developer cannot legally enter into a prepaid housing sale agreement with a consumer before obtaining the relevant building permit (yapı ruhsatı).

The Turkish Ministry of Trade expressly states that prepaid housing sales cannot be concluded with consumers before a building permit has been obtained.

This requirement is extremely important.

A buyer should therefore be cautious where a developer requests a substantial deposit while explaining that:

• the building permit will be obtained later;
• zoning approval is still pending;
• the project is still being revised;
• the landowner and developer have not finalized their arrangement;
• or official construction approvals are “in process.”

Before paying significant amounts, the buyer should verify the legal status of the project rather than relying exclusively on sales-office representations.

3. The Land Registry Must Be Investigated Before Signing

One of the biggest mistakes in off-plan transactions is focusing exclusively on the apartment and ignoring the legal status of the underlying land.

Before signing, the buyer should obtain and examine the current land registry record (tapu kaydı).

The investigation should determine:

• who legally owns the land;
• whether the developer itself owns the land;
• whether development is based on a construction agreement with the landowner;
• whether mortgages exist;
• whether attachments or enforcement restrictions exist;
• whether usufruct rights, easements or other encumbrances affect the property;
• whether construction servitude (kat irtifakı) has been established;
• and whether there are annotations that could affect future transfer.

This is particularly important where the marketing company is not actually the registered landowner.

A glossy brochure displaying a developer’s name does not establish ownership of the land.

The legal relationship between the developer, landowner and buyer must therefore be investigated separately.

4. The Buyer Must Receive Pre-Contract Information

Turkish consumer law requires a consumer purchasing prepaid housing to receive a preliminary information form before the contract is concluded.

According to the Ministry of Trade’s current guidance, this information must be provided at least one day before the agreement is concluded.

The purpose is to prevent consumers from being required to make major real-estate investment decisions immediately at a sales office without adequate information.

The preliminary information should therefore be carefully compared with:

• the eventual contract;
• floor plans;
• architectural plans;
• payment schedules;
• delivery promises;
• technical specifications;
• common-area descriptions;
• and promotional material.

Any inconsistency should be resolved before signature.

5. The Legal Form of the Contract Is Extremely Important

A simple document signed at a developer’s sales office should not automatically be assumed to constitute a legally sufficient property transfer arrangement.

Turkish consumer legislation imposes formal requirements on prepaid housing transactions.

The Ministry of Trade states that a valid prepaid housing sale may be structured through the transfer of construction servitude in favour of the consumer together with a written agreement, or through a properly executed preliminary real-estate sale agreement before a notary (taşınmaz satış vaadi sözleşmesi), depending on the structure of the transaction.

Law No. 6502 also prevents the seller from demanding payment or placing the consumer under a financial obligation before a legally valid agreement has been established.

This is particularly important for foreign buyers who may be asked to sign:

• a “reservation form”;
• a “booking agreement”;
• an ordinary private sales contract;
• or a preliminary payment document.

The legal effect of each document must be examined independently.

A document titled “Sales Agreement” is not necessarily sufficient merely because the parties have signed it.

6. Construction Servitude and Condominium Ownership Are Not the Same Thing

Buyers should understand the distinction between construction servitude (kat irtifakı) and condominium ownership (kat mülkiyeti).

Construction servitude identifies independent sections of a building that is planned or under construction and connects the buyer’s right with a particular unit.

Condominium ownership, by contrast, relates to the completed building and the legally independent units within it.

Therefore, a buyer should determine exactly what legal right is being promised at each stage of the development.

The contract should identify the property clearly, including:

• province;
• district;
• neighbourhood;
• block;
• parcel;
• independent section number where available;
• floor;
• net and gross area;
• and technical characteristics.

Ambiguous descriptions such as “a two-bedroom apartment in Block C” may create serious evidentiary difficulties if disputes later arise.

7. Check the Technical Specification, Not Only the Floor Plan

Many off-plan disputes arise because the completed property is physically different from what the buyer believed they were purchasing.

Differences may concern:

• apartment size;
• room configuration;
• balcony size;
• ceiling height;
• parking spaces;
• storage units;
• swimming pools;
• landscaping;
• sports facilities;
• building materials;
• kitchen appliances;
• views;
• façade design;
• or common areas.

For this reason, the technical specification (teknik şartname) should be treated as one of the most important contractual documents.

Marketing material should also be preserved.

If a project is marketed as having a swimming pool, private parking, specific branded materials or particular social facilities, documentation showing those promises may later become important in determining whether the delivered property complies with the contract.

8. How Long Can the Developer Take to Deliver the Property?

Current Turkish consumer rules provide that the transfer or delivery period in prepaid housing transactions cannot exceed 48 months from the contract date.

However, the parties may agree on a shorter period, and where the contract contains a shorter binding delivery deadline, the developer must comply with that agreed deadline.

For example:

If the contract promises delivery within 24 months, the developer cannot simply rely on the statutory maximum of 48 months and delay performance for another two years.

The contractually agreed date matters.

For this reason, buyers should avoid vague contractual wording such as:

“Estimated delivery: 2028.”

It is preferable for the contract to establish a clear and objectively identifiable final delivery date.

9. Handing Over the Keys Does Not Necessarily Mean Legal Delivery

A developer may attempt to argue that the property has been delivered simply because the buyer received a key.

However, Turkish consumer rules provide more structured criteria for delivery.

The Ministry of Trade explains that delivery may occur through registration of condominium ownership in the consumer’s name or through registration of construction servitude combined with transfer of possession of the residential property in a condition suitable for habitation.

Therefore, buyers should examine:

• whether title has been properly transferred;
• whether the property can actually be occupied;
• whether utilities can be used;
• whether essential construction work is complete;
• and whether the physical condition corresponds to the contractual obligations.

Receiving a key to an unfinished building should not automatically be treated as the end of the developer’s obligations.

10. Large Projects Must Provide Financial Security

One of the most significant protections in prepaid housing law concerns the risk that the developer may become unable to complete the development.

For qualifying projects containing 30 or more residential units, the developer must provide legally recognized protection before commencing prepaid sales. Official Ministry guidance refers to mechanisms including building completion insurance and alternatives such as:

• bank guarantees;
• progress-payment systems (hakediş sistemi);
• linked credit arrangements;
• or another legally accepted form of protection covering consumer payments.

This issue should be investigated before the buyer makes large advance payments.

A buyer should ask:

What protection exists if this developer becomes insolvent tomorrow?

The answer should be documented rather than verbal.

11. Developer Insolvency Is One of the Biggest Off-Plan Risks

The most serious scenario is not necessarily late delivery.

It is developer insolvency.

If a project stops during construction, the buyer may discover that:

• the land is mortgaged to a bank;
• enforcement proceedings have commenced;
• subcontractors have claims;
• the developer has insufficient funds;
• other buyers have competing rights;
• and the buyer has paid a substantial percentage of the purchase price without obtaining title.

This is why financial due diligence is just as important as checking the apartment itself.

The developer’s corporate registration, authority to sell, land rights and available security should all be reviewed before large payments are made.

12. The Consumer Has a 14-Day Right of Withdrawal

Turkish consumer law grants consumers purchasing prepaid housing a particularly important early-stage protection.

The consumer may withdraw from the agreement within 14 days without providing a reason and without paying a contractual penalty, subject to the statutory rules governing the exercise of that right.

This period should not be confused with the broader right to withdraw from the transaction at later stages.

The 14-day right gives the consumer an opportunity to reconsider the purchase shortly after entering the agreement.

13. There Is Also a Broader Right to Withdraw From the Contract

In addition to the 14-day cooling-off period, Turkish prepaid housing legislation also recognizes a consumer’s ability, subject to statutory conditions, to withdraw from the agreement for a longer period.

Official Ministry materials refer to the consumer’s right to withdraw from the prepaid housing sale for up to 24 months from the contract date, subject to the conditions and deductions permitted by the applicable legislation.

This right should be distinguished from withdrawal arising because the developer has breached the agreement.

Where the developer itself is responsible for serious non-performance, delay or another contractual violation, different remedies may apply and the buyer’s position may be stronger than that of a consumer who simply changes their mind.

14. What Happens If the Developer Delivers Late?

Late delivery can constitute contractual default.

Depending on the circumstances and the contract, the buyer may potentially:

• continue demanding completion and delivery;
• claim damages caused by the delay;
• demand agreed contractual penalties;
• claim rental loss or other provable financial losses;
• or seek termination and repayment where the statutory conditions are satisfied.

The appropriate strategy depends heavily on whether the buyer still wants the property.

This is particularly important where property values have increased dramatically since the original purchase.

A buyer who purchased an apartment for EUR 200,000 that is now worth EUR 350,000 may not necessarily benefit from simply recovering the original purchase price.

In such a situation, demanding performance together with compensation for delay may be more commercially sensible.

15. What If the Completed Apartment Is Different From What Was Promised?

Late delivery is not the only legal problem that may arise.

The apartment may be delivered but fail to comply with the contract.

For example:

The apartment may be smaller.

A promised terrace may disappear.

Materials may be lower quality.

The sea view shown in the project may be obstructed because another block was constructed.

Parking may not be allocated as promised.

Common facilities may never be completed.

Depending on the nature and seriousness of the discrepancy, Turkish consumer law relating to defective goods may provide the buyer with remedies. The Ministry of Trade recognizes consumer remedies in relation to defective goods, including contractual withdrawal or price reduction under the statutory conditions.

This is why brochures, technical specifications, plans and written sales representations should be retained.

16. Special Considerations for Foreign Buyers

Foreign buyers may generally acquire real estate in Turkey within the legal restrictions applicable to foreign ownership.

The Tapu and Cadastre General Directorate identifies specific documentation for foreign purchasers, including passport or identity documentation, relevant property information, compulsory earthquake insurance for buildings, foreign-exchange purchase documentation where applicable, and authorized translation where the buyer does not speak Turkish.

Foreign ownership is also subject to statutory restrictions. TKGM materials confirm, among other limitations, the nationwide acquisition limit applicable to foreign natural persons and restrictions relating to certain protected areas.

For a foreign buyer purchasing off-plan, this means due diligence should cover two separate questions:

Is the project legally safe to purchase?

and

Is this particular foreign purchaser legally entitled to acquire this property when title is eventually transferred?

Both questions should be answered before substantial funds are committed.

17. Never Rely Exclusively on the Real Estate Agent or Developer

An estate agent’s role is normally to facilitate the transaction.

The buyer’s lawyer has a different function.

The lawyer should independently examine matters such as:

• title ownership;
• mortgages and attachments;
• zoning status;
• building permit;
• construction servitude;
• developer authority;
• technical specifications;
• delivery deadline;
• penalty clauses;
• termination rights;
• financial security;
• and the form of the agreement.

A statement such as:

“Don’t worry, everybody signs this contract”

should never replace legal due diligence.

The larger the investment, the more important independent verification becomes.

18. What Should Be Checked Before Paying a Deposit?

Before substantial funds are paid, a buyer should ideally know:

Who owns the land?

Does the developer legally have authority to sell this unit?

Has the building permit been issued?

Is the land mortgaged?

Is the apartment clearly identified?

What is the guaranteed delivery date?

What happens if delivery is late?

What happens if the apartment is different from the plans?

What financial protection exists if the developer fails?

Is the sales contract legally valid in form?

Can the buyer cancel the transaction?

Can the purchaser legally acquire the property under Turkish foreign ownership rules?

If these questions cannot be answered clearly, the buyer should reconsider making a significant advance payment.

19. What Happens If a Dispute Arises?

Where the purchaser qualifies as a consumer, disputes arising from the transaction may fall within the Turkish consumer-dispute system.

For 2026, the Ministry of Trade states that consumer disputes below TRY 186,000 fall within the monetary jurisdiction of Consumer Arbitration Committees, while disputes at or above that amount must generally proceed through the applicable court route. For consumer court disputes, mandatory mediation applies under Article 73/A subject to statutory exceptions; disputes directly concerning rights in rem over immovable property are among the matters requiring particular procedural analysis.

Off-plan property cases frequently involve amounts well above the arbitration committee threshold.

Depending on the claim, proceedings may seek:

• performance;
• title transfer;
• repayment;
• compensation;
• contractual penalties;
• or other appropriate remedies.

The legal strategy must therefore be determined according to the exact contractual breach.

Conclusion: Off-Plan Property Can Be a Good Investment, but the Contract Must Protect the Buyer Before the Building Exists

Off-plan property purchases can offer significant commercial opportunities in Turkey, but the buyer accepts a fundamental risk: substantial money may be paid before the physical asset has been completed and before final ownership has been transferred.

Turkish consumer legislation reduces this risk through important protections.

These include the requirement for a building permit before prepaid consumer sales, preliminary information requirements, formal contractual requirements, security mechanisms for qualifying large developments, withdrawal rights and a statutory maximum delivery period of 48 months.

Nevertheless, the most effective protection remains proper legal due diligence before the agreement is signed.

The title record, building permit, development structure, financial encumbrances, technical specification, delivery date, contractual penalties and developer’s legal authority should all be investigated independently.

For foreign investors, the purchaser’s eligibility to acquire the eventual title and the documentation required by the Turkish land registry must also be addressed at the beginning rather than at the end of the development.

In off-plan property transactions, the buyer is not merely purchasing an apartment.

The buyer is purchasing a promise that the apartment will exist in the future.

The strength of that promise depends largely on the contract, the developer’s legal position and the protections established before the first substantial payment is made.