The Problem
You purchased a newly built apartment or villa in Turkey and discovered serious construction defects — water leaks, cracking walls, faulty electrical wiring, or poor insulation. The developer dismisses your complaints, delays repairs, or has disappeared entirely. Construction defects are unfortunately common in Turkey rapid development market, and foreigners who purchased off-plan are particularly vulnerable.
How the Law Works in Turkey
Construction defect liability is governed by the Turkish Code of Obligations (TBK) Articles 474–479 (contractor liability) and Articles 219–231 (seller warranty). Developers have a five-year warranty obligation for structural defects (gizli ayıp) from the date of delivery. For defects that could not be discovered upon reasonable inspection (hidden defects), the discovery date starts the clock. Consumer Protection Law (Law No. 6502) provides additional protections when the buyer qualifies as a consumer. The statute of limitations for structural defects is five years from delivery.
What the Tourist Should Do
Document all defects with dated photographs and videos immediately upon discovery. Send a notarized notice (ihtar) to the developer specifying all defects and demanding repair within a reasonable period (typically 30 days). If the developer fails to respond, hire an independent court-appointed expert (bilirkişi) to assess the defects and their cost. File a lawsuit at the Consumer Court (Tüketici Mahkemesi) for defects under the monetary threshold, or at the Civil Court of First Instance (Asliye Hukuk Mahkemesi) for larger claims.
The Risks
Failing to notify the developer in writing within a reasonable time after discovering a defect may weaken your claim. Some developers structure sales through shell companies that are dissolved after project completion, making it hard to enforce judgments. Accepting the property without a detailed inspection report (yapı denetim raporu) can complicate claims for visible defects. The five-year warranty period runs from delivery, not from defect discovery for visible issues.
LetFix Solution
LetFix represents foreign property owners in construction defect claims against Turkish developers. Our lawyers handle inspections, expert reports, negotiations, and court proceedings to secure repair or compensation for defective properties.
