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Developer in Turkey Delays or Delivers a Defective Apartment: Buyer's Rights in Alanya

Author: Attorney Rufina Taştan· Antalya Bar AssociationPublished on:

Short answer: if a developer in Turkey delays handing over your apartment or delivers it with defects, a consumer buyer is protected by Consumer Protection Law No. 6502. An off-plan apartment must be delivered within the contract term and in any case within 48 months; during the first 24 months you can withdraw without giving reasons; liability for defects in a home lasts 5 years from handover. Mediation is mandatory before suing in the consumer court.

Last updated: 1 November 2026.

What must a developer do before selling off-plan?

  • No off-plan sale to consumers without a building permit (Art. 40).
  • A pre-contract information form at least one day before signing.
  • Registration with the land registry, and the promise-to-sell contract executed by a notary (Art. 41). Otherwise the seller cannot rely on invalidity against the consumer.
  • For projects above a set size, building completion insurance or another guarantee (Art. 42).

Late delivery or withdrawal: what are your options?

SituationWhat Law No. 6502 says
First 14 dayswithdrawal without reasons or penalty (Art. 43)
Up to 24 months from contracttermination without reasons; developer may keep taxes and fees plus compensation of no more than 2% / 4% / 6% / 8% of the price depending on time elapsed (Art. 45)
Developer failed to performno compensation may be claimed from the buyer (Art. 45(2))
Delivery deadlinecontract term, and never more than 48 months (Art. 44)
Refund deadlinewithin 180 days of the termination notice (Art. 45(3))

With a delay, buyers usually either keep the contract and claim damages (for example lost rent) or terminate and claim back everything paid. Check the title deed first (how to check a tapu) and send a formal notice through a notary.

The apartment was handed over with defects

Under Art. 11 the buyer chooses one remedy: terminate, keep the apartment with a price reduction, repair at the developer's cost, or replacement with an equivalent defect-free unit if possible. Repair or replacement must be completed within 60 working days for housing. Liability lasts 5 years from handover (Art. 12); if the defect was hidden by gross negligence or fraud, limitation periods do not apply.

Where to file

Small claims go to the consumer arbitration committee (the threshold is updated each year); other claims require mediation first (Art. 73/A) and then the consumer court. Claims about the property right itself (e.g. registering the title in the buyer's name) are exempt from mandatory mediation. Buyers who are not consumers rely on the default and defect rules of the Turkish Code of Obligations.

Buyers abroad can act through a representative: power of attorney from abroad. For developer disputes: real estate lawyer in Alanya · lawyer in Gazipaşa · lawyer in Manavgat. See also avoiding property fraud in Alanya.

Frequently asked questions

The developer says our contract is void because it was not notarised. Is that right?

Under Art. 41 the seller cannot rely on that against a consumer buyer. Still, proper registration protects you better.

How much can the developer keep if I withdraw without reason?

Taxes and fees plus at most 2–8% of the price, depending on time elapsed, within 24 months. Nothing if the developer breached the contract.

Can I claim lost rent for the delay?

Usually yes; the amount is set with expert evidence on market rent.

Does a foreign buyer count as a consumer?

Yes. What matters is a non-commercial purpose, not citizenship.

This article is general information as of 1 November 2026 and is not individual legal advice. The outcome depends on the contract and the facts of the case.

Rufina Taştan Law Office — lawyer in Alanya: legal advice in English, Russian and Turkish.

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