If you are living abroad and considering buying property in Turkey, this is probably your first question: what exactly changes when the home is not yet built. Buying off-plan in Turkey is common, but it relies on contracts, permits, and consumer protections that are different from a completed property. Understanding the legal framework, how title is structured during construction, and what your rights are if the project is delayed will help you assess risk before you commit.
How off-plan purchases work in Turkey
Off-plan property purchases in Turkey typically use a notarized preliminary sales contract, called a promise to sell agreement (satış vaadi sözleşmesi), signed with the developer before the unit is completed. This agreement can be annotated at the land registry (şerh) to protect the buyer’s personal right against third parties until title transfer, which is permitted under Article 26 of the Land Registry Law No. 2644. The notarial form and annotation are central risk controls in an off-plan transaction because the title deed (tapu) of a completed unit cannot be issued until legal and construction milestones are met. [1][3]
Legal basis and consumer protections
Consumer protections for buying a home before it is built fall under Law No. 6502 on Consumer Protection and the dedicated Regulation on Prepaid Housing Sales (Ön Ödemeli Konut Satışları Hakkında Yönetmelik). These set mandatory disclosures, a right of withdrawal within a set period, rules on changes to project specifications, and requirements for delivery timelines and remedies. The Regulation also introduces the concept of building completion insurance (bina tamamlama sigortası) or other assurance mechanisms that developers may use to secure delivery obligations in prepaid housing sales. These rules are enforceable regardless of contract language, as they derive from public consumer law. [1][2]
Title structure during construction: construction servitude and condominium
Developers commonly establish construction servitude (kat irtifakı) on the land before or during construction. This allows the sale and registration of shares corresponding to future independent sections and gives buyers a registrable deed referencing the planned unit. After the building is completed and the occupancy permit (yapı kullanma izin belgesi, often called “iskan”) is obtained under the Zoning Law No. 3194, construction servitude can be converted to full condominium ownership (kat mülkiyeti) with an updated title deed. The Condominium Law No. 634 governs both stages and the transition to final ownership. Buyers should verify that the developer has or will establish construction servitude for their unit and that conversion to condominium will follow issuance of the occupancy permit. [4][5]
Permits, project due diligence, and what to verify
Before signing, verify the building license (yapı ruhsatı) issued by the municipality under the Zoning Law No. 3194, as construction without a valid license risks fines, delays, or legalization procedures. Confirm that the land registry records match the project, including the parcel, zoning status, and any mortgages or encumbrances. If a preliminary sales contract is used, ensure it is executed before a notary and annotated at the land registry to secure your contractual priority. Review the project specifications, delivery date, and penalty clauses required by the Regulation on Prepaid Housing Sales, and ask for evidence of the developer’s assurance instrument, such as building completion insurance or a bank guarantee, where applicable. These checks align with the statutory framework that governs lawful construction and consumer sales. [2][3][5]
Payments, currency, and delivery
Off-plan payments are typically made in stages tied to construction progress, and the agreement must state the total price, schedule, and delivery conditions as required by the Regulation on Prepaid Housing Sales. Delivery is legally tied to handing over a unit that meets agreed specifications and to the developer completing the legal steps that allow lawful use, which in practice aligns with obtaining the occupancy permit and then moving to condominium ownership under the Condominium Law. The exact sequencing between technical delivery and title formalities should be defined clearly in the contract to avoid disputes, and any changes to key specifications or timelines must comply with Law No. 6502 and its Regulation. [1][2][4]
Your rights if there is delay, change, or non-completion
If the developer delays delivery, alters agreed specifications, or fails to complete, remedies flow from Law No. 6502 and the Regulation on Prepaid Housing Sales. These include rights to withdraw within a statutory cooling-off period, to seek termination or specific performance depending on the breach, and to claim legal interest or compensation where provided by law and contract. Where building completion insurance has been obtained under the Regulation, the insurer’s obligation is designed to protect consumers against non-completion risk according to the policy terms. Disputes under consumer contracts can be brought to Consumer Arbitration Committees for claims under the monetary threshold and to Consumer Courts for higher amounts, as administered by the Ministry of Trade. These institutional routes are expressly established for consumer real estate sales. [1][2][7]
Taxes and fees on off-plan purchases
The first delivery of new housing by a developer is within the scope of Value Added Tax (VAT) under Article 1 of the Value Added Tax Law No. 3065. Applicable VAT rates for housing depend on legal criteria set by law and presidential decrees, including net area and location-based valuation thresholds, and should be confirmed for the specific project with the seller or a tax professional. Notarial fees apply to preliminary sales contracts, and land registry fees apply upon registration of construction servitude shares and later upon transfer to condominium title under the relevant land registry regulations. For planning purposes, buyers should obtain written, itemized cost estimates and verify the tax treatment with the Turkish Revenue Administration or a licensed advisor, as VAT and fees are statutory and enforceable. [6][3]
Summary and practical note
Off-plan purchases in Turkey are governed by specific consumer rules and property laws that, when followed, can significantly reduce risk. Key protections include notarized and land-registry-annotated preliminary sales contracts, mandatory disclosures and cooling-off rights, the availability of completion assurance mechanisms, and the structured path from construction servitude to condominium ownership after the occupancy permit. Before committing, verify permits, land registry status, title structure, delivery conditions, and the developer’s compliance with the Regulation on Prepaid Housing Sales. Because tax and legal outcomes depend on the exact contract and project, seek advice from a licensed Turkish lawyer and a tax professional for your situation.
Related Questions:
– Q# Can foreigners buy property off-plan or must it be completed first in Turkey?
– Q# How does a “promise to sell” (satış vaadi sözleşmesi) protect a buyer in Turkey?
– Q# What is construction servitude (kat irtifakı) and how is it converted to condominium title?
– Q# Which permits and approvals should I check before signing a property contract in Turkey?
References:
[1] Official Gazette (Resmi Gazete). “Law No. 6502 on Consumer Protection.” https://www.resmigazete.gov.tr/eskiler/2013/11/20131128-1.htm
[2] Official Gazette (Resmi Gazete). “Regulation on Prepaid Housing Sales (Ön Ödemeli Konut Satışları Hakkında Yönetmelik), RG: 27.11.2014/29188.” https://www.resmigazete.gov.tr/eskiler/2014/11/20141127-3.htm
[3] Ministry of Justice / Legislation Information System. “Land Registry Law No. 2644 (Tapu Kanunu) – Article 26.” https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=2644&MevzuatTur=1&MevzuatTertip=5
[4] Ministry of Justice / Legislation Information System. “Condominium Law No. 634 (Kat Mülkiyeti Kanunu).” https://www.mevzuat.gov.tr/MevzuatMetin/1.3.634.pdf
[5] Ministry of Justice / Legislation Information System. “Zoning Law No. 3194 (İmar Kanunu).” https://www.mevzuat.gov.tr/MevzuatMetin/1.5.3194.pdf
[6] Turkish Revenue Administration (GİB). “Value Added Tax Law No. 3065 (KDV Kanunu).” https://www.mevzuat.gov.tr/MevzuatMetin/1.5.3065.pdf
[7] Republic of Türkiye Ministry of Trade. “Consumer Arbitration Committees and Application.” https://tuketici.ticaret.gov.tr/
Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or investment advice. Property law and tax rules in Turkey change frequently. Consult a licensed Turkish lawyer, accountant, or real estate professional before making any purchasing decision.