Construction and Real Estate Law
Construction and real estate law governs the preparation and execution of building projects and the ownership and use rights over immovable property. Our office provides litigation and advisory services in disputes between contractors, landowners, employers, owners and tenants.
Main topics
- Drafting construction contracts and flat-for-land agreements
- Structuring payment plans and securities
- Disputes between contractors and employers, claims for incomplete or defective work
- Land registry cancellation and registration cases
- Partition of co-owned property
- Lease disputes, rent determination and eviction cases
General information on the process
Most disputes in construction projects stem from ambiguities at the drafting stage. Clearly regulating delivery dates, the payment plan, securities, delay penalties and the allocation of independent units in the contract helps prevent disputes later on.
In many disputes arising from leases, partition of property and neighbour law, mediation is mandatory before a lawsuit can be filed. In real estate cases, land registry records, zoning status and expert examinations are decisive elements of the process.
Guide
How should a flat-for-land agreement be made?
Since a flat-for-land construction agreement includes the transfer of land shares to the contractor, it must be executed before a notary in the official (düzenleme) form. Agreements made without this formality risk being invalid. The agreement should clearly set out the specifications of the building, the delivery date, the allocation of independent units and the stages at which title deeds will be transferred.
What should I do if the work delivered to me is defective?
After delivery, the employer should inspect the work in the ordinary course of business and notify the contractor of any defects within a reasonable time. Without such notice, the work may be deemed accepted. Sending the notice through a notary is useful for proving it later.
What is a partition case?
Where several persons co-own a property, any co-owner may request that the co-ownership be ended. The court orders physical division if possible, or otherwise the sale of the property and the distribution of the proceeds among the co-owners. Mediation is also required before filing these cases.
The information in this section is general in nature and does not constitute legal advice. The specific circumstances of each case must be assessed individually.