How can a buyer document construction defects after handover in a new-build, and what timelines apply for notifying the developer under Turkish law?

If you have received handover of a newly built property, you can document defects through dated evidence and formal notices, and you must observe defect-notice and limitation periods set by the Turkish Code of Obligations and, where applicable, the Consumer Protection Law.

What to collect and how to document defects

The starting point is a dated delivery protocol (teslim tutanağı) signed at handover, supported by photos and videos, and any third-party technical inspection or expert report (bilirkişi raporu) describing the defects and their causes. Under Turkish law on construction contracts (eser sözleşmesi), the employer/buyer must examine the work after delivery and notify the contractor of discovered defects within a reasonable time; using a notary-served notice (noter ihtarnamesi) establishes formal, dated proof of notification and content, and the Turkish Notaries Union provides the procedural framework for such notices. Independent engineer reports and serially dated photo/video evidence are acceptable documentation to substantiate both apparent defects and subsequently discovered hidden defects. Where defects concern common areas in a condominium, the building’s owners’ association or manager may also document and notify on behalf of co-owners, as common parts are managed collectively under the Condominium Law. [1][2][3][4]

Legal basis and defect-notice timelines after handover

For construction works, Articles 470–486 of the Turkish Code of Obligations (Law No. 6098) govern contractor liability for defects. After delivery, the buyer must inspect within ordinary practice and notify defects within a reasonable time upon discovery; failure to notify in time may result in loss of rights for those defects, except where the contractor has acted deceitfully. For immovable works such as buildings, claims based on defects are time-barred five years from delivery; if a defect relates to the ruin of a building or a defect endangering safety in life or property, the limitation period is fifteen years from delivery. These rules operate regardless of whether the buyer is a consumer or a commercial party, as they arise from the construction contract regime. [1]

When the buyer is a consumer purchasing from a developer

If a natural person buys a dwelling from a professional developer for non-commercial purposes, the Consumer Protection Law (Law No. 6502) applies in addition to the Code of Obligations. In consumer sales, the consumer has statutory remedies for defective performance, including repair, replacement, price reduction, or rescission, and must notify the seller of the defect within a reasonable time after discovery. For immovable property, the statutory limitation period for asserting consumer defect claims is five years from delivery, with no limitation against a seller who concealed the defect with gross fault or deceit. If the contract is a prepaid housing sale (ön ödemeli konut satışı), additional protections and procedural obligations apply to the developer, including form and guarantee requirements governed by Law No. 6502 and its secondary legislation. Consumers may file complaints with Consumer Arbitration Committees or Consumer Courts via the Ministry of Trade’s systems, in line with the annually updated jurisdictional thresholds published in the Official Gazette. [2][5]

Common areas and developer obligations in condominium projects

In multi-unit projects, construction defects often concern common areas such as roofs, facades, stairs, elevators, parking, mechanical rooms, or landscaping. The Condominium Law (Law No. 634) treats these as common parts maintained under the decisions of the condominium owners’ association and managed by the building manager. The association or manager may collect technical evidence, maintain defect logs, and serve developer notifications on behalf of all owners. Individual owners should also document how a common-area defect affects their unit, but enforcement for repairs in common parts is typically coordinated by the association. The same defect-notice and limitation periods apply; however, for large-scale or safety-related defects, using a professional expert report strengthens causal link and scope and may be decisive in court or in settlement discussions. [3][6]

Building inspection regime and interaction with developer liability

Turkey’s Building Inspection Law (Law No. 4708) imposes independent third-party oversight during construction, but it does not remove the developer’s or contractor’s liability to the buyer for defects under the Code of Obligations or Consumer Protection Law. If municipal occupancy permits (iskan) or approvals were granted, these documents do not preclude later defect claims where the defect was hidden at delivery or concerns safety. Where structural stability or life-safety is implicated, the extended fifteen-year limitation under the Code of Obligations remains applicable. Buyers may also submit complaints to relevant municipal authorities or the Ministry of Environment, Urbanization and Climate Change concerning building code non-compliance, in parallel with civil claims against the developer or contractor. [1][4]

Practical steps to preserve rights and meet deadlines

To preserve rights, buyers should promptly perform a systematic post-handover inspection and send a detailed notary notice describing each defect, its location, and requested remedy. Keeping a timeline with dated photos, videos, correspondence, and access logs for repair visits helps demonstrate timely notification and cooperation for remediation. Where urgent safety issues exist, an immediate expert assessment and interim measures are advisable, and the notice should state risks to life or property. For consumer transactions, filing a complaint through the Ministry of Trade’s Consumer Information System (TÜBİS) provides an official record if disputes persist. In all cases, monitoring the five-year general limitation from delivery—and the fifteen-year period for safety-related construction defects—ensures claims are filed within enforceable periods. Because limitation and notice rules are strict, buyers should seek advice from a licensed attorney for case-specific strategy and filings. [1][2][5][7]

Summary

Under the Turkish Code of Obligations, buyers must examine the property after delivery and notify discovered defects within a reasonable time, keep dated evidence, and pursue remedies within five years from delivery for immovable works, or fifteen years if the defect endangers life or property. Where the buyer is a consumer, the Consumer Protection Law adds five-year defect liability for immovable property and accessible complaint channels through public bodies. Common-area defects are handled by the condominium association, but individual documentation still matters. Independent inspection reports, formal notary notices, and timely filing are central to preserving rights.

Related Questions:
– Q2 (What are the buyer’s legal remedies for construction defects in Turkey?)
– Q3 (How does the Consumer Protection Law apply to off-plan and prepaid housing sales?)
– Q4 (What should a handover protocol include in a new-build property in Turkey?)
– Q5 (How are defects in common areas handled under the Condominium Law?)

References:
[1] Resmi Gazete (Official Gazette). “Türk Borçlar Kanunu (Law No. 6098).” https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6098&MevzuatTur=1&MevzuatTertip=5
[2] Resmi Gazete (Official Gazette). “Tüketicinin Korunması Hakkında Kanun (Law No. 6502).” https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6502&MevzuatTur=1&MevzuatTertip=5
[3] Resmi Gazete (Official Gazette). “Kat Mülkiyeti Kanunu (Law No. 634).” https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=634&MevzuatTur=1&MevzuatTertip=3
[4] Resmi Gazete (Official Gazette). “Yapı Denetimi Hakkında Kanun (Law No. 4708).” https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=4708&MevzuatTur=1&MevzuatTertip=5
[5] T.C. Ticaret Bakanlığı (Ministry of Trade). “Tüketici Bilgi Sistemi (TÜBİS) – Başvuru Ekranı ve Bilgilendirme.” https://tuketici.ticaret.gov.tr
[6] T.C. Çevre, Şehircilik ve İklim Değişikliği Bakanlığı. “Condominium (Kat Mülkiyeti) Guidance and Building Management Resources.” https://www.csb.gov.tr
[7] Türkiye Noterler Birliği (Turkish Notaries Union). “Notarial Notices (İhtarname) – Procedures and Information.” https://www.tnb.org.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.