New Build Property Defects in Turkey: Your Legal Rights

Finding cracks in the walls, a leaking roof, or a floor plan that does not match what you signed for — defective new-build property is one of the most common disputes foreign buyers face in Turkey. The discovery often comes weeks or months after the keys are handed over, at a point when you feel deeply committed to the purchase. What most buyers do not realise is that Turkish law provides a solid framework of remedies precisely for this situation, and acting early makes a significant difference.

What Counts as a Defect Under Turkish Law

A defect is any characteristic that reduces the property's value or suitability for its agreed purpose. Turkish courts recognise two broad categories. Apparent defects are visible at the time of delivery: missing fixtures, poor tiling, or a unit that clearly diverges from the agreed floor plan or brochure. Hidden defects surface later: water seeping through the facade, condensation from inadequate insulation, plumbing failures inside walls, or structural cracks appearing months after move-in.

Under the Consumer Protection Law (6502 sayılı Tüketicinin Korunması Hakkında Kanun), which governs most residential purchases by individuals, a significant protection applies during the first six months after delivery. If a defect emerges in that window, the seller must prove the property was sound at handover — the burden of proof sits with them, not with you. This rule, confirmed by multiple Yargıtay (Court of Cassation) decisions, often proves decisive in early-stage disputes.

Your Four Legal Remedies

When a defect is established, Turkish consumer law gives you four options. Crucially, the choice belongs to you — the seller cannot unilaterally steer you toward the cheapest fix.

• Free repair (ücretsiz onarım): The seller or contractor corrects the defect at their own expense, within a reasonable time and without causing you disproportionate inconvenience. This is the most common first step.
• Price reduction (bedel indirimi): If repair is impractical or refused, you can claim a reduction in the purchase price proportional to the defect's impact on the property's value. A court-appointed expert calculates the figure.
• Replacement: Where a comparable defect-free unit exists — typically in larger developments with multiple identical apartments — you can demand a substitute.
• Contract rescission (sözleşmeden dönme): In the most serious cases — structural failures, safety hazards, or defects that make the property unfit for its purpose — you can seek to cancel the contract entirely and recover your money.

Yargıtay has consistently affirmed all four remedies in new-build disputes. If the issues extend to the title deed itself, the title deed cancellation process in Turkey is a separate but sometimes concurrent avenue.

Documenting Defects: Do This First

Strong evidence is what separates a successful claim from a failed one. Before contacting the seller, take these steps:

1. Photograph and video everything with time and date stamps — every crack, stain, missing element, or discrepancy.
2. Commission a written report from a licensed construction engineer or architect. This independent professional opinion carries far more weight than your own description.
3. File a tespit davası — a court-ordered evidence-preservation proceeding. A civil court appoints an independent expert who inspects and officially records the defects. This report is extremely difficult for the seller to dispute later and becomes the cornerstone of any claim.
4. Send a formal written notice (ihtarname) through a notary. This puts the seller on record, establishes a response deadline, and is admissible in court.

One of the costliest mistakes is accepting verbal repair promises without a written reservation of your rights. If the seller sends workers without your explicit written approval of their scope — and a clause preserving your right to further remedies — you may inadvertently weaken your position.

Who Is Responsible and Where Do You File?

Claims for defective residential property purchased by a consumer in Turkey go before the Consumer Court (Tüketici Mahkemesi). The court typically appoints a bilirkişi (expert witness) to assess the defects and calculate the appropriate remedy value. For lower-value claims, the Consumer Arbitration Panel (Tüketici Hakem Heyeti) provides a free and faster alternative. Claims above the threshold set annually by law must proceed through the Consumer Court.

Your primary defendant is the party who sold you the property. If the developer has dissolved or the sale passed through intermediaries, the chain of liability can become complex. If you are also buying property in Turkey for the first time as a foreigner, understanding where defect claims sit within the overall transaction helps you plan ahead.

When the purchase was made off-plan, the risks of buying off-plan in Turkey overlap directly with defect law — units frequently diverge from the agreed plans at the point of delivery.

Frequently Asked Questions

Q: Does the same law apply if I bought the property for investment rather than personal use?

If you purchased for commercial or rental purposes rather than personal residential use, you may not qualify as a consumer. In that case, the Turkish Code of Obligations (Türk Borçlar Kanunu) applies, with somewhat different rules around notification and proof. A lawyer can confirm which regime governs your transaction.

Q: What if the developer has gone bankrupt?

When the developer is insolvent, your defect claim becomes a creditor claim in the bankruptcy process. Acting quickly — before the estate is distributed — is critical. In some situations, direct claims against a guarantor or construction insurer may also be available.

Q: Can I hire my own contractor and deduct the cost from outstanding instalments?

Self-help repairs without proper legal procedure are risky. Courts may question why you repaired unilaterally, and deducting costs from instalments without a judicial order can expose you to breach-of-contract claims. Always obtain legal advice before taking either step.

Q: How long do I have to bring a claim?

The applicable limitation periods depend on the type of defect and the governing law. For hidden defects, the clock starts running from the moment the defect becomes apparent — not from delivery. Act as soon as you discover the problem; delay weakens your position even before the limitation period expires.

How Mona Hukuk Can Help

Our Antalya team advises foreign property buyers through every stage of defective new-build disputes — gathering evidence, filing tespit applications, sending formal notices, and representing clients before Consumer Courts and in negotiations with developers. We work in English, German, Russian, Arabic, Spanish, and French.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.