Buying a property and later discovering that part of the building was constructed illegally can transform what appeared to be a secure investment into a serious legal and financial problem.
The issue may involve an entire building constructed without a permit, an additional floor, an enclosed terrace, an extension to an apartment, an illegally converted basement, a balcony incorporated into the living area, or alterations that do not comply with the approved architectural project.
Under Turkish law, such a discovery may create two separate legal problems at the same time:
- an administrative zoning problem between the property and the competent public authority; and
- a private-law dispute between the buyer and the seller.
These two dimensions must be analysed independently.
The fact that the buyer did not personally construct the illegal section does not necessarily protect the property itself from administrative enforcement. At the same time, however, the buyer may have substantial claims against the seller if the illegality existed before the sale and was not properly disclosed.
1. What Is an “Illegal Structure” Under Turkish Law?
Not every physical alteration automatically constitutes an illegal structure. The first question is whether the construction or alteration required a building permit and whether it complies with the permit, approved architectural project, zoning plan and applicable regulations.
Under the Turkish Zoning Law No. 3194, construction activities are generally subject to zoning and licensing requirements. A structure constructed without the required permit or contrary to its permit and approved plans may be subject to administrative measures under Articles 32 and 42 of the Zoning Law. The Ministry of Environment, Urbanisation and Climate Change also confirms that alterations contrary to approved projects may trigger enforcement under these provisions.
Common examples may include:
- constructing an additional floor without approval;
- enlarging an apartment beyond the approved architectural plan;
- closing a terrace or balcony in a manner requiring approval;
- converting common areas into private living space;
- constructing an additional room or annex without a permit;
- changing the designated use of a section of the property;
- combining or separating independent units contrary to the approved project; or
- constructing an entire building without a valid building permit.
Whether a particular alteration is unlawful must therefore be determined by comparing the actual physical condition of the property with the municipal permit file and approved architectural project.
2. The Title Deed Does Not Automatically Guarantee That the Building Is Legally Compliant
One of the most important misconceptions in Turkish real estate transactions is the assumption that obtaining a title deed means that everything constructed on the property is legally authorised.
It does not necessarily mean this.
Land registry records establish property rights, while zoning compliance depends on separate administrative documents such as the building permit, approved architectural project and, where applicable, the occupancy permit.
Accordingly, a buyer may legally become the registered owner of an apartment while later discovering that part of the apartment or building differs from the plans approved by the municipality. This conclusion follows from the separate land-registration and zoning-control mechanisms governing Turkish real estate.
For this reason, examining only the title deed before purchasing property is not sufficient due diligence where zoning compliance is important.
3. What Can the Municipality Do After an Illegal Structure Is Discovered?
A serious risk arises from Article 32 of the Zoning Law.
Where competent authorities determine that construction has taken place without the necessary permit or contrary to the permit and its annexes, administrative enforcement procedures may be initiated.
Depending on the circumstances, this may ultimately involve:
- recording the violation;
- stopping ongoing construction;
- requiring the structure to be brought into compliance;
- permitting legalisation where the applicable zoning rules allow it;
- ordering demolition where the illegality cannot or is not remedied; and
- imposing administrative fines under Article 42.
An extremely important point is that paying an administrative fine does not by itself legalise an illegal structure. Whether the structure can remain depends upon whether it can lawfully be brought into conformity with zoning legislation and the approved project. The Ministry’s administrative guidance similarly treats rectification/legalisation and administrative sanctions as separate matters.
Therefore, a buyer should not assume that a monetary penalty will automatically solve the zoning problem.
4. Can an Illegal Part of the Property Be Demolished Even If the Current Buyer Did Not Build It?
Potentially, yes.
The administrative status of the structure and the personal liability for an administrative fine should not be confused.
A building or extension that remains contrary to zoning law may still face measures directed at the structure itself, including an order requiring compliance or demolition. The fact that ownership subsequently changed does not automatically transform an illegal structure into a lawful one.
However, liability for an administrative fine is a different question.
Council of State jurisprudence emphasises the principle of individuality of penalties. Article 42 sanctions should generally be directed at the person who actually carried out or caused the unlawful construction, and the person who owns the land when the violation is detected is not necessarily the same person who committed the violation. A recent Council of State 6th Chamber decision also reaffirmed that the person who actually constructed or commissioned the illegal works must be identified.
Consequently, a purchaser who can prove that the illegal construction already existed before acquisition may have important grounds to challenge an administrative fine personally imposed on him or her.
That does not, however, automatically eliminate the underlying zoning problem affecting the property.
5. Is an Illegal Structure Considered a Defect in the Property?
In many cases, yes.
Under Article 219 of the Turkish Code of Obligations, the seller is responsible where the sold property does not possess qualities promised to the buyer or contains defects that materially reduce its value or its suitability for the intended use.
A zoning illegality may therefore constitute a legal defect, an economic defect, or both.
For example, an illegally constructed section may:
- expose the property to demolition;
- prevent or complicate obtaining an occupancy permit;
- reduce its market value;
- make mortgage financing difficult;
- prevent certain alterations or redevelopment;
- create disputes with other condominium owners;
- restrict lawful use of the property; or
- cause the buyer to incur substantial legalisation or restoration expenses.
Accordingly, an undisclosed zoning violation existing at the time of sale may engage the seller’s liability for defects under the Turkish Code of Obligations.
6. What Rights Does the Buyer Have Against the Seller?
Article 227 of the Turkish Code of Obligations provides several alternative remedies where the seller is liable for defects.
Depending on the circumstances, the buyer may seek:
Rescission of the sale:
The buyer may declare that he or she is prepared to return the property and seek termination of the sale and restitution of the purchase price.
Reduction of the purchase price:
If the buyer wishes to keep the property, compensation corresponding to the reduction in the property’s value may be claimed.
Repair or removal of the defect:
Where legally and technically possible and where it would not impose disproportionate expense, the buyer may demand that the defect be remedied.
Replacement:
Although theoretically included among statutory remedies, replacement is naturally less straightforward in transactions involving individually identified real estate.
The buyer may also seek damages where the statutory conditions for compensation are satisfied.
The appropriate remedy depends heavily on the seriousness of the zoning violation.
If a small alteration can lawfully be corrected for a limited cost, rescission of the entire sale may be disproportionate. Conversely, if the principal part of the property is illegal, subject to demolition or incapable of obtaining lawful status, termination of the sale may become considerably more realistic.
7. What If the Seller Says: “I Didn’t Know About the Illegal Structure”?
Lack of knowledge does not necessarily eliminate the seller’s liability for defects.
Article 219 of the Turkish Code of Obligations establishes the seller’s statutory liability for qualifying defects. Moreover, where the seller acted with gross fault, contractual clauses attempting to exclude or limit defect liability are invalid under Article 221.
The seller’s knowledge nevertheless becomes particularly important where there is evidence that the illegality was deliberately concealed.
For example, the buyer’s position may become substantially stronger if evidence shows that the seller:
- knew that demolition proceedings were pending;
- had previously received a municipal notice;
- deliberately covered or concealed the illegal construction;
- falsely represented that the property fully complied with the approved plans;
- represented that an occupancy permit existed when it did not; or
- deliberately withheld correspondence with the municipality.
Such conduct may affect liability limitations, limitation periods and possible additional damages.
8. Open Defect or Hidden Defect? This Distinction Can Decide the Case
One of the most important issues in real estate defect litigation is whether the zoning problem constitutes an open defect or a hidden defect.
Under Article 223 of the Turkish Code of Obligations, a buyer subject to the general sales rules must examine the property within the ordinary course of events and notify the seller of defects for which the seller is to be held responsible. Hidden defects discovered later must likewise be notified when they become apparent.
However, whether a zoning violation could reasonably have been discovered by an ordinary buyer is frequently contentious.
An alteration hidden within technical municipal records may constitute a very different situation from an obvious absence of an occupancy permit.
This distinction can be seen in a recent Court of Cassation decision.
In Court of Cassation, 3rd Civil Chamber, File No. 2023/2764, Decision No. 2024/749, dated 21 February 2024, the Court upheld the rejection of a compensation claim concerning the absence of an occupancy permit. The courts considered the absence of the permit to constitute an open defect reducing the economic value of the apartment because the purchasers could have obtained information about the issue relatively easily at the time of purchase and there was no finding that the seller had fraudulently concealed it.
This decision is particularly important for buyers.
It means that merely saying “I discovered it later” does not automatically make a zoning problem a hidden defect.
The court may ask:
Could a reasonably careful buyer have discovered the problem before or at the time of purchase?
9. What If the Property Was Purchased From a Developer?
Where a person acquires a residential property for non-commercial purposes from a developer, construction company or professional seller, the Consumer Protection Law No. 6502 may apply.
The Law expressly includes residential and holiday-purpose immovable properties within the definition of goods and defines defective goods as goods that do not conform to the agreed characteristics or objectively expected characteristics at the time of delivery.
Article 11 provides consumers with important alternative remedies, including:
- withdrawal from the contract;
- reduction of the purchase price;
- free repair; and
- replacement with a defect-free equivalent where appropriate.
For residential and holiday-purpose immovable property, Article 12 provides a five-year limitation period from delivery, subject to statutory exceptions. Where a defect has been concealed through gross fault or fraud, the law states that limitation provisions do not apply.
The Consumer Protection Law also contains a presumption that defects appearing within six months following delivery existed at the time of delivery unless incompatible with the nature of the defect or the goods.
Therefore, purchasing an apartment directly from a developer may provide a considerably different legal framework from purchasing a second-hand property from an ordinary private individual.
10. Limitation Periods Must Be Checked Immediately
Delay can be fatal to an otherwise strong claim.
For ordinary real estate sales governed by the Turkish Code of Obligations, special provisions concerning defects in buildings must be examined. Article 244 provides a five-year limitation period beginning from transfer of ownership for claims arising from defects in a building, with a substantially longer period where the seller is grossly at fault.
For qualifying consumer transactions involving residential or holiday-purpose real estate, the Consumer Protection Law likewise establishes a five-year period from delivery, while providing special protection where a defect has been concealed through gross fault or fraud.
The applicable period therefore cannot be determined merely by asking when the buyer noticed the illegal construction.
The identity of the seller, the nature of the transaction, whether the property qualifies as a consumer transaction, the nature of the defect and whether concealment occurred must all be examined.
11. Could There Also Be Criminal Liability?
Turkish criminal law separately regulates certain unlawful construction activities.
Article 184 of the Turkish Penal Code provides criminal sanctions for a person who constructs or causes a building to be constructed without the required building permit or contrary to the permit.
However, criminal responsibility is personal.
Accordingly, merely purchasing a property containing an illegal structure does not automatically mean that the purchaser committed the criminal offence. The decisive question is who constructed or commissioned the unlawful building activity and what conduct occurred after the purchase.
This criminal-law issue should therefore be analysed separately from both the municipality’s administrative proceedings and the buyer’s civil claims against the seller.
12. What Evidence Should the Buyer Obtain?
Once an illegal structure is suspected, evidence should be secured before making major alterations.
The most important documents normally include:
- the title deed;
- the sale agreement;
- real estate advertisements;
- photographs taken before the sale;
- correspondence with the seller and real estate agent;
- approved architectural plans;
- the building permit;
- the occupancy permit;
- municipal zoning records;
- previous building inspection reports;
- demolition or enforcement decisions;
- municipal notices;
- bank valuation reports;
- expert reports; and
- evidence showing when the illegal construction was actually made.
The key comparison is usually between what the buyer was promised, what physically exists, and what the municipality legally approved.
A technical report prepared by an architect or civil engineer may therefore become one of the most important pieces of evidence in the dispute.
13. What Should the Buyer Do Immediately?
The buyer should avoid beginning with only one question — “Can I sue the seller?”
The first objective should be to determine the exact legal status of the structure.
A proper investigation should establish:
First: What does the approved architectural project show?
Second: What part of the actual property differs from the approved project?
Third: Can the violation legally be corrected or licensed?
Fourth: Is there already a municipal demolition, sealing or administrative fine decision?
Fifth: Did the violation exist before the purchase?
Sixth: Did the seller know or should the seller have known about it?
Seventh: Was the problem visible to an ordinary buyer or could it only have been discovered by examining municipal records?
Eighth: How much does the illegality reduce the property’s market value?
Only after answering these questions should the buyer decide whether to seek rectification, price reduction, damages or termination of the sale.
14. What Court Will Hear the Dispute?
Jurisdiction depends primarily on the parties and the legal nature of the transaction.
Where a consumer purchases residential property from a professional seller or developer, the dispute may fall within the jurisdiction of the consumer courts under Law No. 6502. Consumer court disputes are, subject to statutory exceptions, generally subject to mandatory mediation before litigation under Article 73/A.
A sale between private individuals may instead fall under the jurisdiction of the ordinary civil courts, depending on the precise claim.
Administrative proceedings concerning demolition orders and zoning-related administrative sanctions must meanwhile be assessed separately under administrative law.
It is therefore possible for a single illegal-structure problem to produce both a private-law case against the seller and an administrative-law case concerning municipal measures.
Conclusion: An Illegal Structure Is Not Just a Construction Problem
Discovering an illegal structure after buying property in Turkey should never be treated merely as a technical defect.
It can simultaneously affect:
ownership value, lawful use, financing, future resale, occupancy permits, redevelopment opportunities and exposure to municipal enforcement.
Turkish law may provide the buyer with significant remedies against the seller, including rescission of the sale, reduction of the purchase price, rectification and compensation, depending upon the circumstances.
At the same time, however, the buyer must recognise that a successful claim against the seller does not automatically resolve the administrative illegality of the building.
The most important legal distinction is therefore between:
the fate of the illegal structure itself
and
the financial responsibility between buyer and seller.
Before choosing a legal strategy, the title deed, municipal project, building permit, occupancy permit, physical condition of the property, date of the illegal construction and seller’s knowledge should all be examined together.
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