Who this service is for
Construction and zoning work in Türkiye brings together property law, contract law and public planning rules. We act for the full range of foreign parties caught up in that mix:
- Foreign buyers of off-plan or under-construction property who need their purchase and the developer's promises checked before money moves.
- Foreign investors and developers putting up residential, commercial, hotel or mixed-use projects, often on land they buy or take under a land-share arrangement.
- Employers and contractors on the two sides of a build, including those working under FIDIC-style international forms adapted to Turkish law.
- Owners in older buildings facing urban transformation, a risky-building designation, or a redevelopment vote by their co-owners.
Whatever your role, the questions are the same: is the title and zoning sound, is the contract balanced, are the permits in order, and what happens if the work is late or defective. We answer those questions in plain English and act on them in Turkish.
The Turkish legal framework for construction and zoning
There is no single "construction code" in Türkiye. Four statutes carry most of the weight, and a project usually touches all of them:
Around these sit the Land Registry Law No. 2644, the secondary planning and building-inspection regulations, and municipal zoning plans (imar planı) that decide what may be built on a given parcel and how high. Because the public-law layer (zoning, permits) and the private-law layer (contracts, title, defects) interact, a problem in one often surfaces as a dispute in the other. We map both before you commit.
If your project also involves buying or holding land, our work overlaps with Turkish real estate transactions, where title checks, acquisition and the foreign-ownership rules are handled.
Construction and FIDIC-style contracts
The contract is where most disputes are won or lost. Turkish law treats a build as a work contract (eser sözleşmesi): the contractor owes a completed, conforming result, not just effort.
For larger or international projects, parties often use FIDIC forms (Red, Yellow or Silver Book). FIDIC is workable in Türkiye, but it is a contractual framework, not Turkish law — its clauses on variations, time, claims and dispute boards must be reconciled with mandatory TBK rules and read alongside the chosen governing law and dispute-resolution clause. We draft and negotiate:
- Bespoke Turkish-law construction contracts and amendments to FIDIC forms.
- Price, milestone and progress-payment (hakediş) mechanics, retention and bank-guarantee terms.
- Variation, delay, liquidated-damages (penalty) and termination clauses.
- Governing-law and dispute clauses that actually work in a cross-border build.
Where the deal extends beyond the build itself, we coordinate this with broader construction and commercial contract drafting so supply, finance and service agreements line up.
Zoning, parcelization and building permits
You cannot lawfully build, then occupy, without the right permits. The Zoning Law No. 3194 controls what a parcel may carry and the steps to a legal building.
The route usually runs: confirm the parcel's zoning status (imar durumu) and development rights; carry out any parcelization or merger of plots (ifraz / tevhit) needed to create a buildable parcel; obtain the building permit on an approved project; build under building inspection (yapı denetimi); then secure the occupancy permit before sale, lease or use.
We run the permit and zoning diligence, identify where a project diverges from its approved plan, and advise on zoning-status changes, objections to municipal decisions and regularisation where the law allows it.
Contractor liability and construction defects (ayıp)
When a building turns out to be defective — cracks, leaks, poor materials, work that does not match the project — the contractor is liable. The key practical question is how long you have to claim.
Depending on the defect, the employer's remedies under the work-contract rules can include requiring repair, a price reduction, or — for a serious, unusable result — rejection, alongside damages. To preserve a claim you generally must inspect and notify defects in good time after delivery, and keep evidence (reports, photographs, expert findings).
We assess the defect, secure technical evidence, send the formal notices, and pursue repair, price reduction or compensation through negotiation, court or arbitration.
Delayed delivery and late-handover claims
Late handover is one of the most common complaints foreign off-plan buyers bring to us. A developer who misses the contractual completion or delivery date is in default, and the buyer usually has remedies.
Depending on the contract, late handover can give rise to a claim for delay damages or a contractual penalty, rent-equivalent compensation for the period you were kept out of the property, and in serious cases a right to terminate and recover what you paid. The contract's wording on the delivery date, grace periods, force majeure and penalties is decisive — which is why these clauses must be checked before signing, not after the delay.
We explain how these claims work, and what to do when a developer keeps moving the date, in our guide to delayed property delivery by a construction company. Where the project includes leasing, we also handle the residential and commercial lease agreements that follow completion.
Urban transformation (kentsel dönüşüm) under Law No. 6306
Türkiye's urban-transformation programme lets older, earthquake-vulnerable buildings be demolished and rebuilt. If you own a unit in such a building, this can affect you directly — sometimes against your wishes.
For a foreign owner abroad, the danger is silence: notices arrive in Türkiye, deadlines run, and a project is decided while you are unaware. We monitor the process, advise on whether to object or negotiate, review the rebuild and revenue-sharing terms offered, and protect your share and any contractor or rent-support entitlements.
Land-share-for-construction contracts and condominium title
A common Turkish development model is the land-share-for-construction contract (arsa payı karşılığı inşaat sözleşmesi): the landowner gives the contractor a share of the land or finished units in exchange for the contractor building at its own cost.
The pitfalls are well known: the contractor fails to finish, transfers shares it has not earned, or the building is delivered without occupancy permit, leaving owners with construction servitude but no clean condominium title. Inside completed buildings, common-area decisions, management plans (yönetim planı) and majority votes are also governed by Law No. 634.
We draft and review these contracts, structure the share-transfer triggers, and resolve disputes over incomplete work, unearned transfers and title.
Cross-border and foreigner-specific mechanics
You do not need to be in Türkiye to run or defend a construction matter. The mechanics that make remote handling possible are standard, and we set them up for you.
- Power of attorney (vekâletname): a notarised, apostilled PoA lets us act for you on permits, contracts, registry steps and litigation without you travelling. We tell you exactly what powers to include.
- Apostille and translation: foreign documents generally need an apostille and a sworn Turkish translation to be used before Turkish authorities and courts.
- Holding structure: many foreign investors hold a project through a Turkish company rather than personally, for liability, tax and management reasons.
We explain how to grant a power of attorney for use in Türkiye from wherever you are, and can set up a Turkish company to hold the project where that fits your plan. Acquisition by a foreign buyer can also trigger registry checks and ownership limits — for example, security-zone clearance and per-buyer caps — which we handle as part of our Turkish real estate transactions service rather than leaving them to chance.
Common risks and mistakes foreign parties make
Most construction losses we see were avoidable. The recurring mistakes:
- Paying before checking title and zoning. Money moves before anyone confirms the seller's title, the parcel's development rights or the project's permits.
- Accepting handover without the iskan. A building with no occupancy permit is a problem you inherit, not the developer's.
- Relying on a brochure, not a contract. Marketing promises about completion dates and finishes are worth only what the signed contract repeats.
- Missing limitation periods. Defect and objection deadlines pass quietly while an owner abroad waits to "see how it goes."
- Transferring land shares too early in a land-share deal. Owners hand the contractor leverage and then cannot enforce completion.
- Ignoring urban-transformation notices. A redevelopment decision is taken at home in Türkiye while the foreign owner never sees the notice.
Disputes, litigation and arbitration
When a construction matter turns into a dispute, the forum and strategy depend on the contract and the parties. We handle defect, delay, payment and termination disputes through negotiation, the Turkish courts and arbitration.
Court claims on work contracts are heard before the civil courts, with technical issues typically referred to court-appointed experts (bilirkişi), and appeals concentrated in the Yargıtay 15. Hukuk Dairesi. Many international and large-value construction contracts instead choose arbitration, which can be faster and neutral, and which keeps the dispute out of the public courts.
For projects with an arbitration clause, see our construction arbitration and dispute resolution service. Where a contractor or developer owes you money — a court judgment or unpaid progress payments — we can enforce a money judgment or progress-payment debt through Turkish enforcement proceedings.
Why instruct a Turkish construction lawyer
Construction sits at the intersection of public planning law, private contract law and property title. A clause that reads fine in English can collide with a mandatory rule of the Turkish Code of Obligations; a building that looks finished can be unsaleable for want of an iskan; a redevelopment vote can bind you on a deadline you never saw.
A Turkish construction lawyer reads the contract, the zoning file and the registry together, in the language the authorities and courts actually use. We tell you, before you commit, where the real risks are — and if a dispute arises, we run it through the right forum on the right deadlines. Engagement terms are agreed in writing at the outset, so you know the scope and basis of our work before it begins.
How we work with you
Project and document review
We start with your goal and your papers — contract, plans, payment records, correspondence and any notices — and give you a plain-English read on where you stand and what needs checking.
Title, zoning and permit due diligence
We verify the title, the parcel's zoning status and development rights, and the building and occupancy permits, so you know what may lawfully be built and used before money moves.
Contract drafting or negotiation
We draft or negotiate the construction, land-share or FIDIC-based contract — price, milestones, delay penalties, defects, security and dispute clauses — to balance the risk in your favour.
Power of attorney and authority set-up
We prepare a tailored power of attorney and tell you exactly how to notarise and apostille it, so we can act on permits, registry steps and litigation without you travelling.
Permitting and regulatory steps
We handle or supervise the zoning, parcelization, building-permit and occupancy-permit steps with the competent municipality and building inspection.
Defect, delay or dispute resolution
If the work is late or defective, we secure evidence, serve the formal notices on time, and pursue repair, price reduction, compensation or termination through negotiation, court or arbitration.
Closing, handover and ongoing support
We oversee handover and the occupancy permit, settle condominium title, and stay available for the management, leasing and follow-on matters that come after completion.
Construction and zoning law in Türkiye: common questions
Do I need to be in Türkiye to handle a construction matter?
No. Almost everything — contract negotiation, permits, registry steps and litigation — can be handled remotely through a notarised, apostilled power of attorney. We tell you exactly which powers to include and how to legalise the document where you live.
What laws govern construction and zoning in Türkiye?
Mainly four: the Zoning Law No. 3194 for planning and permits, the Code of Obligations No. 6098 (Articles 470–486) for construction contracts, the Urban Transformation Law No. 6306 for risky-building redevelopment, and the Condominium Law No. 634 for title and building management. The Land Registry Law No. 2644 and municipal zoning plans also apply.
How long do I have to claim for defects against a contractor?
For an immovable building, a defect claim is generally time-barred five years from delivery under TBK Article 478. Where the contractor acted with gross fault (ağır kusur), that period extends to twenty years. A shorter two-year period applies to works that are not immovable structures. These limits are strict, so get advice early. Confirm the exact period for your facts with a lawyer.
What can I do if a developer delivers my property late?
Depending on your contract, late handover can give you delay damages or a contractual penalty, rent-equivalent compensation for the time you were kept out, and in serious cases a right to terminate and recover what you paid. The contract's delivery-date, grace-period and penalty clauses are decisive, so they should be reviewed carefully.
What is a yapı ruhsatı and a yapı kullanma izni (iskan)?
A yapı ruhsatı is the building permit a municipality issues before construction, in line with the zoning plan and approved project. A yapı kullanma izni, or iskan, is the occupancy permit confirming the finished building matches its permit and may lawfully be used. You need both — never accept handover on a building permit alone.
Can I buy a property in Türkiye that has no occupancy permit (iskan)?
You can, but it is risky. A property without an iskan can be hard to sell, mortgage, insure or connect to utilities, and unlicensed or non-conforming work can lead to fines or demolition. Always ask for the occupancy permit before completing, and have a lawyer check the position first.
What changed in urban transformation (kentsel dönüşüm) in 2023?
Law No. 7471, published in the Official Gazette on 9 November 2023, lowered the decision threshold for reconstructing a risky building under Law No. 6306. Reconstruction can now be decided by a simple majority of the shareholders, replacing the previous two-thirds land-share rule. We recommend confirming how the current rule applies to your building before acting.
My building was declared a risky building. What are my options as a foreign owner?
You can join the redevelopment, object to the technical report and decision within the statutory deadlines, or negotiate the rebuild and revenue-sharing terms. The critical risk for owners abroad is missing notices and deadlines, so the first step is to put someone in Türkiye on watch through a power of attorney.
What is a land-share-for-construction contract (arsa payı karşılığı inşaat)?
It is a deal where a landowner gives a contractor a share of the land or finished units in exchange for the contractor building at its own cost. It is a work contract under the Code of Obligations combined with land-share transfers and condominium title. The main risk is transferring shares before the matching construction is actually done.
Can I use a FIDIC contract for a project in Türkiye?
Yes. FIDIC forms are widely used on larger and international projects, but FIDIC is a contractual framework, not Turkish law. Its clauses on variations, time, claims and dispute boards must be reconciled with mandatory Code of Obligations rules and a workable governing-law and dispute clause. We adapt FIDIC forms to Turkish law.
Where are construction disputes resolved in Türkiye?
Court claims on construction contracts go to the civil courts, with technical issues referred to court-appointed experts and appeals concentrated in the Yargıtay 15. Hukuk Dairesi. Many international or high-value contracts instead choose arbitration, which can be faster and neutral. The dispute clause in your contract decides the forum.
Are there limits on foreigners owning property for a development?
Turkish law places certain limits on foreign property acquisition, including security-zone clearances and per-buyer area limits under the Land Registry Law No. 2644. The exact figures change and must be checked against current rules for your specific case, which we do as part of our real estate service. We do not rely on dated thresholds.
Should I hold a Turkish project personally or through a company?
Many foreign investors hold a project through a Turkish company for liability, tax and management reasons, while smaller purchases are often held personally. The right choice depends on the project size, your tax position and your exit plan. We advise on the structure and can set up the company.
What documents do you need to start?
Usually the signed contract or draft, the title deed (tapu) and zoning information for the parcel, the project plans and permits, payment records, and any notices or correspondence with the contractor, developer or municipality. We tell you what is missing and how to obtain it.
How do I start working with Lexin Legal on a construction matter?
Book a consultation. We review your goal and documents, give you a plain read on the risks, agree the scope and engagement terms in writing, and set up a power of attorney so we can act for you in Türkiye without you needing to travel.
