Buying an Off-Plan Apartment in Turkey: Your Legal Rights and a 9-Point Checklist (2026)
- No pre-paid housing sale contract may be made before a building permit is issued; the promise of sale must be drawn up by a notary, or the sale registered at the land registry (Law No. 6502, Arts. 40–41).
- The pre-contract information form must be given at least one day before signing, and the seller may not ask for any payment before a valid contract exists.
- Buyers have a 14-day cancellation right with no reason and no penalty, and a right to withdraw for up to 24 months from the contract; the seller's compensation on withdrawal is capped at 2% to 8% of the price, depending on timing.
- The home must be delivered within the agreed period and in any case within 48 months of the contract date.
Buying off-plan means paying for a home that does not exist yet. In the right project this brings a better price and a wider choice of apartments; in the wrong one it can turn into years of uncertainty. Turkish law regulates this purchase as a pre-paid housing sale (ön ödemeli konut satışı) and gives the buyer important rights. This guide lists what to check before signing and the rights Consumer Protection Law No. 6502 gives you.
Short answer
Before buying off-plan, check in this order: who the developer and seller are, whether there is a building permit, who owns the land on the title register and what is recorded on it, whether the contract is notarised, whether there is a guarantee and what the delivery date is. Then sign knowing your cancellation, withdrawal and late-delivery rights.
1. Know the developer and the seller
- Ask which projects they have delivered and, if possible, visit them and talk to residents.
- Ask for the contractor's building contractor licence number (yapı müteahhitliği yetki belgesi). This number also appears on the building permit.
- If the selling company and the building company are different, find out what each is responsible for under the contract.
Our guide to finding a reliable contractor covers the selection criteria in detail.
2. No building permit, no contract
Article 40 of Law No. 6502 is clear: no pre-paid housing sale contract may be made with consumers before a building permit is issued. Ask for the permit's date and number and see a copy. Check that the number of units and storeys on the permit matches the project being sold.
3. Check the title deed record
Find out from the land registry record who owns the land and whether there is a mortgage, attachment or annotation on it. If the construction servitude (kat irtifakı) has been established, your apartment has an independent unit number, which should be written in the contract. The Ministry of Trade also advises buyers to check annotations on the title record.
4. Pre-contract information form and notarised contract
- The seller must give you a pre-contract information form with the content set by the Ministry at least one day before the contract (Art. 40).
- The sale must be registered at the land registry, or the promise of sale must be drawn up by a notary (Art. 41).
- Before a valid contract exists, the seller may not ask you for any payment or promissory note under any name (Art. 41/2). Asking for a "deposit" or "reservation fee" before the contract breaches this rule.
According to the Ministry of Trade, the contract and its annexes should clearly state the home's gross and net area, location and aspect, the promised interior features, the unit, site and floor plans and the specification list (materials). If you pay by promissory notes, they must be made out to a named person and issued separately for each instalment.
5. Guarantee: building completion insurance
Under the Ministry of Trade's rules, for projects with 30 or more homes the seller must provide building completion insurance, a bank letter of guarantee, a progress-payment system or a guarantee linked to the mortgage loan before starting sales. The type of guarantee should be written in the contract. Compensation under these guarantees cannot be seized and does not enter a bankruptcy estate (Art. 42). See our building completion insurance guide.
6. Delivery: 48 months at most
The home must be delivered within the period promised in the contract, which may in no case exceed 48 months from the contract date (Art. 44). The contract should state a clear date, not vague wording such as "when construction ends". Registration of the construction servitude in your name with handover of possession also counts as delivery.
7. Your cancellation and withdrawal rights
| Right | Period | Rule |
|---|---|---|
| Cancellation | 14 days | No reason, no penalty; sending the notice to the seller within the period is enough (Art. 43) |
| Withdrawal | Up to 24 months from the contract | Seller may claim taxes and fees plus up to 2% of the price in the first 3 months, 4% for months 3–6, 6% for months 6–12 and 8% for months 12–24 (Art. 45) |
| Refund | Within 180 days | From the date the withdrawal notice reaches the seller (Art. 45/3) |
If the seller fails to perform at all or properly, it may not claim anything from you. No compensation may be claimed either if the buyer cannot pay because of death or permanent loss of earning capacity (Art. 45/2).
8. Payment plan and mortgage
- Where possible, tie payments to construction progress and have the contract state which stage each payment corresponds to.
- If you buy with a mortgage, the loan agreement takes effect at the end of the cancellation period; the bank may not charge interest, commission or fees during those 14 days (Art. 43/2).
9. Assess the project and location yourself
- Ask about the difference between net and gross m², the share of common areas and the parking allocated to your unit.
- See the location yourself: transport, schools and amenities.
- Ask for the soil survey and structural design information; our earthquake-safety checklist can help.
Checklist before you sign
- Projects the developer has delivered and its contractor licence number
- Building permit (date, number, number of units)
- Title record: owner, mortgage, attachment, annotations; unit number if assigned
- Pre-contract information form received at least one day before signing
- Notarised promise of sale (or land registry registration)
- Annexes: gross/net area, plans and specification list
- Guarantee type and document (mandatory for projects of 30+ homes)
- A clear delivery date (48 months at most)
- Payment plan tied to construction stages; promissory notes named and one per instalment
ÇET Yapı's view
ÇET Yapı develops its residential projects under the İnsaya brand. Merter İnsaya Residences, which we delivered, was completed in 15 months. İnsaya Bahçelievler is under construction today, and İnsaya 14 Ataköy is at the pre-registration stage. Pre-registration is free and non-binding; sales start only once the legal conditions above are met. Project details are on insaya.com.
This article is for general information. Before a specific purchase decision, we recommend having your contract reviewed by a lawyer.
Frequently Asked Questions
What is the most important document when buying off-plan in Turkey?
The building permit (yapı ruhsatı). Under Article 40 of Law No. 6502, no pre-paid housing sale contract may be made with a consumer before the permit is issued. Next come the title deed record, the notarised promise of sale and the guarantee document.
Where must an off-plan sale contract be made?
The sale must be registered at the land registry, or the promise of sale (satış vaadi sözleşmesi) must be drawn up by a notary (Art. 41). The seller may not ask for any payment or promissory note before a valid contract exists.
Can I cancel an off-plan purchase?
Yes. You may cancel within 14 days without giving a reason or paying a penalty. After that you may still withdraw for up to 24 months from the contract date; the seller may then claim taxes and fees plus compensation of up to 2%, 4%, 6% or 8% of the price depending on the period. The refund must be made within 180 days of the seller receiving your notice.
When must an off-plan home be delivered?
Within the period stated in the contract and in any case within 48 months of the contract date. Registration of the construction servitude (kat irtifakı) in the buyer's name together with handover of possession also counts as delivery (Art. 44).
Is building completion insurance mandatory for every project?
No. Under the Ministry of Trade's rules, for projects with 30 or more homes the seller must provide building completion insurance or another guarantee, such as a bank letter of guarantee, before starting sales. For smaller projects a guarantee is not mandatory and protection has to be built into the contract.
Does registering interest (pre-registration) bind me?
No. Pre-registration is not a sale contract. The law prohibits taking any payment, or any document that puts the consumer in debt, before a valid contract exists.
Sources
Talk to us about your project
We are ready to share the experience we have gained since 1993 in educational buildings, housing, urban transformation and restoration projects.
Contact Us