Buying an off-plan property means purchasing something that may exist only on architectural drawings, promotional brochures, computer-generated images, model apartments or promises made by the developer. This makes trust particularly important.

A buyer may agree to purchase an apartment because it is advertised as having a certain size, view, balcony, floor plan, ceiling height, parking space, garden, swimming pool, social facilities or particular construction quality. Problems arise when the completed property is materially different from what was originally promised.

Can the developer simply say that the project has changed?

Can the buyer refuse to accept the property?

Can the buyer terminate the agreement and recover the money already paid?

Under Turkish law, buyers—particularly consumers purchasing residential property from professional developers—may have significant legal remedies where an off-plan property is delivered differently from what was promised.

The appropriate remedy depends on what was promised, the extent of the difference, whether the project was formally changed, whether the buyer accepted the modification and whether the discrepancy constitutes a defective performance under Turkish consumer law.

What Is an Off-Plan Property Sale Under Turkish Law?

Off-plan property transactions in Turkey are generally regulated as prepaid housing sales (“ön ödemeli konut satışı”) where a consumer pays all or part of the purchase price before the residential property is transferred or delivered.

These transactions are specifically regulated by Law No. 6502 on Consumer Protection and the Regulation on Prepaid Housing Sales.

Turkish consumer legislation imposes detailed requirements on developers because the buyer commits substantial funds before physically receiving the property. The Ministry of Trade also confirms that prepaid housing sale contracts are subject to special rules concerning preliminary information, contractual form, withdrawal, project changes and delivery.

The protection is particularly relevant when the seller is a commercial developer or construction company and the buyer acquires the property for personal residential purposes.

Where the buyer is acting for commercial or professional purposes—for example, a company acquiring multiple apartments as an investment—the Consumer Protection Law may not necessarily apply in the same way. In that situation, the Turkish Code of Obligations, the contractual documents and general property law principles become particularly important.

The Developer Is Not Free to Deliver Something Substantially Different

A developer cannot ordinarily promise one property during the sales process and then deliver a materially different property without legal consequences.

Under Turkish consumer law, a product is defective if, at the time of delivery, it does not possess the qualities that it should objectively have or otherwise fails to comply with the contract. The Ministry of Trade expressly identifies goods lacking characteristics stated in advertisements, announcements or internet listings as potentially defective goods.

This principle is especially important in off-plan property transactions because the buyer’s decision is frequently based on documents and representations produced before construction is completed.

Accordingly, the legal analysis should not be limited to the final title deed.

The following documents may become critical evidence:

• the preliminary information form,
• the prepaid housing sale agreement,
• architectural and floor plans,
• technical specifications,
• brochures,
• catalogues,
• advertisements,
• developer websites,
• model-apartment photographs,
• e-mails and WhatsApp conversations,
• payment records,
• construction specifications,
• commitments relating to common areas and social facilities.

A court may therefore need to compare what was legally promised at the time of sale with what was ultimately delivered.

What Types of Differences May Create a Legal Problem?

Not every insignificant construction difference will necessarily justify cancellation of the entire transaction.

However, substantial discrepancies can create liability.

Examples may include:

A smaller apartment than promised.

If the contract, technical documents or sales materials represented the apartment as having a particular usable or net area and the final property is materially smaller, the difference may constitute defective performance.

A materially different floor plan.

Moving bedrooms, removing rooms, reducing balconies, changing kitchen arrangements or significantly altering the functionality of the property may become legally relevant.

Loss of a promised view or location advantage.

If a property was specifically sold at a premium because of its sea view, park view, position within the development or orientation, a substantial deviation may affect both its use and economic value.

Missing balcony, terrace or garden.

Features that materially influenced the purchase decision cannot necessarily be dismissed as minor architectural modifications.

Lower-quality materials.

The use of significantly cheaper flooring, windows, kitchen units, sanitary equipment or insulation than those described in the technical specifications may constitute defective performance.

Missing parking facilities.

If private parking or a designated parking space formed part of the contractual promise, failure to provide it may generate a claim.

Missing social facilities.

Swimming pools, gyms, children’s areas, security services, green areas and similar facilities are frequently significant selling points in large residential developments.

Whether their absence gives rise to an individual buyer’s claim depends on the contractual documentation and the importance attributed to those facilities during the sales process.

Promotional Brochures Can Matter

One of the most important mistakes buyers make is assuming that only the notarised contract matters.

This is not always correct.

Consumer law looks beyond the formal contract when determining whether the property has the characteristics promised to the buyer. Characteristics represented in advertisements and promotional materials may be relevant when assessing whether the delivered property is defective.

Consider a developer advertising:

“Every apartment has an uninterrupted sea view.”

A buyer purchases a higher-priced apartment specifically because of this representation. The completed project is then positioned or redesigned so that another building substantially blocks the promised view.

The developer cannot necessarily escape liability merely because the phrase “sea view” was omitted from one section of the final contract.

The advertisement, brochure, sales correspondence and surrounding circumstances may all become important evidence regarding the characteristics reasonably promised to the consumer.

For this reason, buyers should preserve promotional documents from the moment they begin considering the investment.

Turkish Law Has a Special Rule for Changes to the Project

A particularly important protection exists where the developer makes changes to the project after the prepaid housing agreement has been concluded.

According to the Ministry of Trade’s current guidance on prepaid housing sales, where a subsequent change is made to the project containing the purchased residence, the change must be notified to the consumer in writing or through a permanent data storage medium.

The consumer is not necessarily required to accept that change.

If the consumer does not accept the project modification, Turkish consumer legislation allows the consumer to withdraw from the contract within one month of notification without paying taxes, fees, expenses, compensation or similar charges.

This is an extremely important remedy.

Suppose a buyer purchases an apartment because the original development includes extensive landscaped areas and a swimming pool. The developer later redesigns the project, removes substantial portions of the landscaped area and constructs an additional residential block.

The legal issue is not simply whether the developer possessed administrative permission to make the architectural change.

A modification may be permissible from a planning perspective while still affecting the buyer’s contractual rights.

The developer must therefore consider both public construction regulations and private contractual obligations owed to the purchaser.

What If the Buyer Was Never Told About the Change?

Failure to properly notify the purchaser can materially strengthen the buyer’s position.

The special protection relating to project changes is based on the consumer being informed and given an opportunity to decide whether to continue with the altered project.

A developer should therefore not assume that a buyer has accepted a substantial alteration merely because construction continued.

Evidence becomes crucial.

The developer may argue that the buyer knew of the changes.

The buyer may argue that no written notification was ever received.

Accordingly, correspondence, e-mails, registered notices, electronic communications and contractual records can become central evidence in subsequent litigation.

When Does a Different Property Become a “Defective Property”?

Turkish consumer law uses the concept of “ayıplı mal,” or defective goods.

A property may be considered defective when it does not conform to the contract or does not possess characteristics that the consumer was entitled to expect. The Ministry of Trade confirms that failure to provide characteristics represented in advertising or online promotional materials may fall within the concept of defective goods.

For real estate, the defect can be:

• physical,
• architectural,
• functional,
• technical,
• legal,
• or economic.

A defect therefore does not necessarily mean that the building is structurally unsafe.

A property can be perfectly habitable but still be legally defective because its important characteristics differ from what the buyer purchased.

For example, delivering a 95-square-metre apartment when the buyer was contractually promised a materially larger usable area may affect both functionality and market value even if the apartment itself is technically sound.

What Rights Does the Buyer Have?

Article 11 of Law No. 6502 provides consumers with important alternative remedies where a product is defective.

The Ministry of Trade summarises these rights as including termination of the contract, reduction of the purchase price, free repair and replacement with a defect-free equivalent.

In an off-plan property dispute, which remedy is appropriate depends upon the nature and seriousness of the discrepancy.

1. Termination of the Contract

Where the discrepancy is sufficiently serious, the purchaser may seek to terminate the contract and recover the purchase price.

This remedy is particularly significant where the delivered property is fundamentally different from the property that motivated the buyer to enter the agreement.

For example, if a major contractual characteristic disappears and the buyer would not reasonably have purchased the property in its altered state, termination may become an important option.

However, whether termination is proportionate and legally available must be assessed individually.

2. Reduction of the Purchase Price

In many cases the buyer wishes to keep the apartment but believes that it is worth substantially less than what was promised.

The buyer may then seek an appropriate reduction in the purchase price.

For example:

A buyer pays a substantial premium for a large terrace.

The completed terrace is dramatically smaller.

If the buyer nevertheless wishes to keep the apartment, an expert assessment may be required to determine the reduction in market value attributable to the discrepancy.

3. Free Rectification

Where the defect can reasonably be corrected, the purchaser may demand rectification without additional cost.

This may be particularly relevant to construction quality, fixtures, installations, finishes and other defects that can physically be remedied.

4. Replacement With a Conforming Property

Depending on the nature of the project and practical possibility of replacement, a consumer may also seek replacement with a property that conforms to what was agreed.

In a large development containing comparable unsold units, this may occasionally be practically possible.

In other developments, however, replacing a uniquely positioned apartment may be considerably more complicated.

Can the Buyer Also Claim Compensation?

Potentially, yes.

Consumer remedies relating to defective property do not necessarily eliminate claims for additional loss where the conditions for compensation are satisfied.

A buyer may suffer losses beyond the difference in the value of the property.

For example, the buyer might incur:

• temporary accommodation expenses,
• additional financing costs,
• valuation expenses,
• costs necessary to remedy construction defects,
• loss arising from delayed or defective delivery,
• or other demonstrable financial damage.

Whether these amounts can be recovered depends upon causation, fault where legally required, evidence and the specific contractual relationship.

The damages claim should therefore be distinguished from the consumer’s primary statutory remedy concerning the defective property itself.

Can the Developer Protect Itself With a Broad “Project May Change” Clause?

Developers frequently include clauses allowing architectural or technical modifications.

Such clauses should not automatically be assumed to give the developer unlimited authority to alter the substance of the property.

Turkish consumer law also regulates unfair contractual terms. The Ministry of Trade confirms that unfair terms contained in consumer contracts are legally ineffective against consumers.

Accordingly, a clause should be examined carefully if it effectively allows the developer to:

• materially reduce the size of the property,
• remove essential promised facilities,
• substitute substantially inferior materials,
• fundamentally alter the apartment,
• or change economically important characteristics without providing the consumer with a meaningful remedy.

A contractual clause permitting necessary technical modifications is different from a provision effectively allowing the seller to deliver any property it chooses.

The language and scope of the particular agreement therefore matter greatly.

The Difference Between Gross Area and Net Area Is Often Crucial

One of the most frequent disputes in Turkish off-plan sales concerns the size of the apartment.

Marketing documents may refer to gross area, construction gross area, saleable area or net usable area.

These expressions are not interchangeable.

A buyer may believe that a property advertised as 150 square metres contains approximately 150 square metres of usable internal living space, while the seller may have calculated a substantial portion of common areas into the stated gross figure.

The correct legal analysis requires examining:

1. exactly how the area was described,
2. the technical annexes,
3. approved architectural drawings,
4. the actual measured area,
5. and what a reasonable purchaser was led to understand.

An architectural or real estate expert report often becomes essential where the parties disagree about measurements or reduction in property value.

What If the Buyer Signs a Handover Report?

The purchaser should be careful when signing delivery or handover documents.

Developers may ask buyers to sign documents stating that the apartment has been inspected and accepted without objection.

Where visible discrepancies exist, buyers should normally record them expressly rather than signing an unconditional acceptance document.

For example:

“Apartment delivered, but rights concerning the deficiency in the balcony area, missing parking allocation and differences from the technical specifications are expressly reserved.”

The effect of any acceptance document depends on the circumstances and the nature of the defect. A seller cannot necessarily eliminate statutory consumer protection merely through standard contractual wording, particularly where an unfair term is involved.

Nevertheless, documenting objections at delivery can significantly reduce evidential disputes.

Buyers Should Document the Property Before Accepting Delivery

Before final acceptance, it may be advisable to conduct a professional technical inspection.

The inspection can compare:

• contractual plans,
• approved architectural plans,
• measured net area,
• ceiling heights,
• rooms and balconies,
• technical specifications,
• building materials,
• common areas,
• parking arrangements,
• social facilities,
• and the actual completed property.

Photographs and video recordings should also be retained.

Where the discrepancy is substantial, obtaining an independent architect, engineer or valuation report before alterations are made to the property may become highly valuable evidence.

How Long Does the Buyer Have to Bring a Defect Claim?

Time limits are important.

For consumer claims concerning residential or holiday-purpose immovable property, the limitation period relating to defects is generally five years from delivery of the property. Ministry of Trade materials reflect this special five-year period for such immovable property.

However, the legal position may be different where a defect has been concealed through gross fault or fraud; consumer legislation provides stronger protection in such circumstances.

The applicable limitation period must therefore be assessed according to the exact legal basis of the claim rather than assuming that every property dispute is subject to the same deadline.

The Buyer Also Has a 14-Day Withdrawal Right in Prepaid Housing Sales

Separate from defective performance and project modification rights, Turkish prepaid housing legislation provides a consumer with a general right to withdraw from a prepaid housing contract within 14 days of conclusion without providing a reason and without paying a contractual penalty. The Ministry of Trade’s March 2026 guidance continues to confirm this right.

This should not be confused with the remedies available when a project is subsequently altered.

There are therefore several potentially different legal mechanisms:

• the initial statutory withdrawal right,
• the special right arising from subsequent project changes,
• rights arising from defective delivery,
• contractual termination rights,
• and potential damages claims.

Determining which legal basis is strongest can materially affect the outcome of the dispute.

What Should a Buyer Do When the Property Is Different From What Was Promised?

The first step should generally be to gather the complete contractual record.

The buyer should preserve:

• the signed agreement,
• notarial documents,
• payment records,
• pre-contract information,
• advertisements,
• brochures,
• screenshots of the project’s website,
• WhatsApp messages,
• e-mails,
• floor plans,
• technical specifications,
• photographs of model apartments,
• and documents delivered during handover.

The actual apartment should then be compared technically and legally with the promised property.

Where appropriate, the developer should be formally notified of the discrepancies and the buyer’s chosen legal remedy.

Because the appropriate remedy can vary considerably depending upon whether the buyer wants to keep or return the property, a legal strategy should be determined before making an unconditional acceptance or signing a settlement document.

Consumer Court Proceedings

Where a purchaser qualifies as a consumer and the dispute falls within the Consumer Protection Law, consumer-law dispute mechanisms become applicable.

For consumer disputes falling outside the monetary jurisdiction of Consumer Arbitration Committees, the Ministry of Trade’s current guidance refers to mandatory mediation followed, where necessary, by proceedings before the Consumer Court under Article 73/A of Law No. 6502.

In significant real estate disputes, technical expert evidence is frequently crucial because the court may need to determine:

• whether the completed property differs from the contract,
• whether the difference constitutes a defect,
• whether it can be remedied,
• the cost of rectification,
• and the amount by which the discrepancy reduces the property’s market value.

Conclusion: Buying Off-Plan Does Not Mean Accepting Whatever the Developer Eventually Builds

An off-plan buyer accepts the risk that construction will occur in the future, but this does not mean that the developer has unlimited freedom to change the property.

Under Turkish consumer law, the property ultimately delivered should substantially correspond with the contractual and legally relevant characteristics promised to the purchaser.

Where a developer makes a subsequent project change, the consumer must be properly informed, and Turkish law provides a specific right to reject the modification and withdraw within the applicable period without the listed costs.

Where the completed property differs from the agreement, technical specifications, advertising or other legally relevant representations, the discrepancy may also constitute defective performance. Depending upon the circumstances, the buyer may seek termination and repayment, reduction of the purchase price, rectification, replacement and potentially additional damages.

For this reason, off-plan buyers should never assess a dispute solely by asking:

“Did I eventually receive an apartment?”

The correct question is:

“Did I receive the apartment I was legally promised?”