Real Estate Law

What is Real Estate Law?

Real estate law is a broad branch of law covering the purchase and sale of immovable property, leasing, zoning planning, building permits and real estate development projects. This field includes many topics from real estate investments to residential purchase and sale, from commercial real estate transactions to zoning law applications.

Due to the great economic importance of the real estate sector in Turkey, legal regulations in this field are quite complex and detailed. Since legal problems that may occur in real estate transactions can lead to major financial losses, getting expert legal consultancy is critical.

Our Real Estate Law Service Areas

Real Estate Purchase and Sale Process

Preliminary Investigation and Due Diligence

The most critical stage in real estate purchase and sale transactions is the detailed examination of the legal status of the real estate.

Investigation Scope:

• Title Deed Status: Ownership status, mortgage, seizure controls
• Zoning Status: Position in zoning plan, construction conditions
• Building Status: Building permit, building use permit, zoning status
• Debts and Obligations: Dues debts, tax debts
• Legal Problems: Lawsuit, execution proceedings, dispute situations

Contract Preparation

Real estate sales contract is a critical document that determines the rights and obligations of the parties.

Matters That Should Be Included in Contract:

• Full description and features of real estate
• Sales price and payment terms
• Delivery date and conditions
• Warranties and commitments
• Termination conditions
• Tax and fee sharing

Condominium Law

Establishment of Condominium

Condominium is a legal institution that enables independent sections of a building to be subject to separate ownership.

Conditions for Establishing Condominium:

• Completion of the building
• Obtaining building use permit
• Establishment of floor easement
• Preparation of management plan
• Application to title deed office

Condominium Owners Assembly

The condominium owners assembly is the body responsible for the management and maintenance of common areas.

Duties of Condominium Owners Assembly:

• Determining common expenses
• Manager selection
• Management plan changes
• Repair and maintenance decisions
• Resolution of disputes

Real Estate Rental Law

Types of Rental Contracts

Rental Disputes

We provide legal support for resolving disputes arising in rental relations.

Common Dispute Topics:

• Rent increases
• Eviction demands
• Deposit refund
• Repair obligations
• Contract termination

Zoning Law and Building Permits

Zoning Plans

Zoning plans are basic tools that ensure the orderly development of settlements.

Types of Zoning Plans:

• Master Zoning Plan: General settlement decisions
• Implementation Zoning Plan: Detailed construction conditions
• Revision Plans: Updating existing plans
• Parcellation Plans: Determination of parcels

Building Permit Process

Building permit is the necessary permission for construction activities to be carried out within the legal framework.

Building Permit Application Process:

1. Project preparation
2. Collection of required documents
3. Application to municipality
4. Technical examination
5. Permit approval
6. Building inspection company selection

Real Estate Development Projects

Project Development Process

Legal consultancy in real estate development projects continues from the beginning to the end of the project.

Legal Consultancy Stages:

• Land Acquisition: Land purchase and sale transactions
• Zoning Processes: Zoning plan changes, permit procedures
• Financing: Credit agreements, investor agreements
• Construction: Contracting agreements, building inspection
• Sales: Pre-sale agreements, transfer procedures

Pre-Sale Agreements

Special regulations apply to the sale of real estate that has not yet been completed.

Features of Pre-Sale Agreement:

• Consumer Protection Law scope
• Special form and content requirements
• Right of withdrawal regulations
• Warranty and insurance obligations
• Delivery delay compensations

Real Estate Taxes

Taxes in Real Estate Purchase and Sale

Tax Advantages

• VAT exemption for first home purchase
• 5-year holding exemption
• Housing loan interest deduction
• Renovation and repair expenses

Real Estate Disputes

Common Types of Disputes

• Ownership Disputes: Title deed cancellation and registration lawsuits
• Boundary Disputes: Cadastre and boundary determination
• Zoning Disputes: Zoning plan objections
• Rental Disputes: Eviction and rent increase lawsuits
• Condominium Disputes: Management and common expense problems

Alternative Resolution Methods

• Mediation: Fast and economical solution
• Arbitration: Expert arbitrator decision
• Negotiation: Direct agreement
• Conciliation: Pre-court solution

Real Estate Acquisition by Foreigners

Legal Regulations

Real estate acquisition by foreigners in Turkey is subject to special regulations.

Acquisition Conditions:

• Reciprocity principle
• Area limitations
• Military forbidden zone restrictions
• Situations requiring special permission
• Declaration obligations

Foreign Investor Consultancy

• Legal status analysis
• Permission and approval processes
• Tax planning
• Contract preparation
• Transfer procedures

Advantages of Our Real Estate Law Consultancy