Your Complete Guide to Your Rights When Property Handover Is Delayed in Turkey 2025

Some investors and buyers—especially those coming from Arab countries or newly settled in Türkiye—experience significant anxiety when a developer delays the agreed handover date of a project. This concern is natural: your real estate investment represents a substantial part of your savings and dreams. The good news, however, is that Turkish law stands firmly on the side of the buyer and provides clear rights and effective mechanisms to protect your investment in full. In this practical, up-to-date 2025 guide, we explain in detail your rights, the steps you must take, and how to secure fair compensation—or even terminate the contract and recover your money.

Your fundamental rights: What should you do first when the project handover is delayed?

When you face a delay in receiving your property, you may feel lost. Don’t worry— the law gives you three main options. Here’s what you need to know and do immediately:

First step: Check your contract

The preliminary sales contract notarized by the Noter (notary public) is your strongest weapon. Refer to it immediately and verify the specified handover date and any penalty clauses regarding delay.

Second step: Communicate formally with the developer

Send an official, registered notice to the developer informing them that the delay period has begun and requesting clarification of the situation. This step is essential to establish your legal position later.

Third step: Know your legal options

You have three basic rights guaranteed by law:

1. Continue with the contract and claim compensation: You can wait to receive the property while obligating the developer to pay a “delay penalty” for each month of delay, which often equals the rental value of a comparable property.
2. Terminate the contract and recover the full amount: If the delay is unjustified or prolonged, you have the right to request “termination of the property purchase contract in Türkiye” and recover all amounts you paid, together with statutory interest.
3. Negotiate alternative solutions: In some cases, you can negotiate to swap the property for another ready unit or obtain additional benefits as compensation.

The legal framework that protects you: The Turkish Consumer Protection Law

Your rights as an off-plan property buyer are not mere promises from the developer; they are strongly protected under Law No. 6502 on the Protection of Consumers (Tüketicinin Korunması Hakkında Kanun), specifically Article 47, which makes no distinction between Turkish and foreign buyers—ensuring full protection.

The role of the Noter (notary public) in Türkiye is also very important; a contract notarized there acquires official status and becomes a document the developer cannot easily evade. This document forms the basis of any legal action against a developer that you may need to file before the competent Consumer Court.

A step-by-step procedural guide when the developer delays

If the developer does not respond to your amicable attempts, follow these organized steps to secure your rights:

1. Official notice (İhtarname): Send an official notice to the developer via a notary public. This step is essential and constitutes a formal legal warning.
2. Collect documentation: Prepare a complete file containing:
   • A copy of the notarized sales contract.
   • Receipts for the payments you have made.
   • A copy of the official notice sent.
   • Any other correspondence between you and the developer.
3. Specialized legal consultation: Before going to court, it is crucial to obtain specialized real estate legal advice in Türkiye from a real estate attorney experienced in such cases—preferably one who has worked with Arab and other foreign investors.
4. Filing the lawsuit: Your attorney will submit your file to the Consumer Court (Tüketici Mahkemesi). These courts are known for relatively faster procedures compared to other courts.

Your first option: Claiming compensation (delay penalty)

This is the most common option. If you still want the property but have suffered loss due to the delay, you are entitled to claim monetary compensation.

How is the delay penalty for property delivery calculated?

The contract usually specifies the penalty amount. If it does not, the court appoints an expert to assess the “comparable rent” (Emsal Kira)—that is, the monthly rental value of a similar property in the same area with similar specifications.

Illustrative example:

• Estimated monthly rental value of the property: 20,000 TRY
• Delay beyond the specified handover date: 8 months
• Total compensation due: 160,000 TRY

Your second option: Terminate the contract and recover your money

In cases of substantial delay or impossibility of delivery, terminating the purchase contract before handover is the best solution. The law grants you the right to request cancellation of the contract and the return of all amounts you have paid.

The court will order the return of your money with statutory interest applied from the date of each payment you made, compensating you for the loss of value over time. This process ensures you do not suffer any financial loss as a result of the developer’s fault.

Tips for foreign investors to avoid this problem

Prevention is always better than cure. To avoid falling into the trap of delayed delivery, follow these tips before signing:

• Check the developer’s reputation: Research the company’s track record, past projects, and customer feedback.
• Study the contract carefully: Have a lawyer review the contract before signing and ensure there is a clear, explicit clause for a “penalty for failure to deliver the property on time.”
• Notarize the contract: Do not accept unofficial agreements. A notarized contract is your only real safeguard.
• Verify project permits: Ask the developer for evidence of all necessary building permits from the municipality, and you can verify the property’s status via the official website of the General Directorate of Land Registry and Cadastre.

Government-guaranteed projects in Türkiye?

Projects carrying a government guarantee are the safest choice for investors. This category includes:

• Public housing projects (TOKİ): The Housing Development Administration, directly affiliated with the Presidency, renowned for strict adherence to timelines and specifications.
• Private projects with government backing: Such as developments carried out in partnership with major public companies like “Emlak Konut.”

In these projects, the government is either the direct developer or a supervisory guarantor. This means the likelihood of delivery delays is very low, as government oversight ensures strict compliance with schedules and building standards. If any issue arises—an unlikely scenario—the government guarantee provides an extra layer of protection to resolve the matter swiftly and in the buyer’s favor.

How can Skyline Real Estate help you?

At Skyline Real Estate, we understand that navigating legal procedures in another country can be stressful. Thanks to our deep expertise in the Turkish real estate market and our broad network of specialists, we can provide the support you need.

We don’t just sell properties—we provide end-to-end advisory services to protect your investment. We can connect you with trusted attorneys who speak your language and specialize in property disputes, and we help you understand every aspect of your legal position so you can make the right decision.

Contact us today for an initial consultation to help you determine your next step.

Frequently Asked Questions (FAQ)

Do these rights apply to me as a foreign investor?

Absolutely. The Turkish Consumer Protection Law protects all buyers on Turkish soil—Turkish or foreign—without discrimination.

How long does a court case usually take?

Consumer Court cases are relatively quick and typically take about 6 to 18 months until a first-instance judgment.

Will I lose my money if the developer declares bankruptcy?

Even in the event of bankruptcy, your right to the property or to recover your funds remains, and you have priority as a creditor of the company. Procedures may take longer, but your right does not lapse.

How much do real estate attorneys in Türkiye usually charge?

Fees vary by lawyer, experience, and case complexity, but are often a percentage of the recovered amount, agreed in advance.

The developer is offering me an alternative apartment in another project. Should I accept?

It depends entirely on the offer. The alternative unit must be assessed for value, location, and specifications. It is essential to consult your lawyer before accepting any alternative and to formalize the new agreement officially.

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Disclaimer: The information in this article is for guidance only and does not constitute legal advice. Please consult a qualified attorney for advice tailored to your specific situation.

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