Off-plan property in Türkiye: legal risks and what to check

Buying "off-plan" means paying for a flat before the building is finished, sometimes before construction starts. In Türkiye this is common, and the law gives buyers some protection, but the protection depends on what kind of title and contract you get. This guide explains the Turkish terms, the rules for consumers and the extra conditions if you plan to use the purchase for citizenship. Rules are as of October 2026.

Three stages of title you need to know

Turkish law separates three situations, and the title deed (tapu) shows which one applies:

Article 3 of the Condominium Law (No. 634) says that kat irtifakı is converted into kat mülkiyeti on the basis of an occupancy permit (yapı kullanma izin belgesi, commonly called iskan) issued for the whole building. The conversion can be requested by the landowner or by any one of the servitude holders. Until the occupancy permit exists, your title stays at the kat irtifakı stage.

Two ways to contract for an unfinished home

• Transfer of kat irtifakı now. The developer transfers the servitude for your unit to you at the land registry. Your name is on the register from the start.
• Notarised promise to sell (satış vaadi sözleşmesi). The developer promises to transfer the unit later. Under Article 26 of the Land Registry Law, a notarised promise-to-sell contract can be annotated on the register at either party's request; if the sale is not completed within five years of the annotation, the annotation is removed automatically.

An unannotated private agreement, a reservation form or a "sales contract" signed only at the developer's office is not a land registry transaction. Under the consumer rules below, such a contract is invalid for pre-paid housing sales.

Consumer protection for pre-paid housing

The Ministry of Trade's consumer guide on pre-paid housing sales (ön ödemeli konut satışı) sets out these rules for buyers acting as consumers:

• The seller may not sign a pre-paid sale before obtaining a building permit (yapı ruhsatı).
• You must receive a pre-contract information form at least one day before signing, with plans and a technical specification list.
• The sale is valid only if made by a written contract together with registration of the kat irtifakı in your name, or by a promise-to-sell contract drawn up by a notary. Otherwise it is invalid, and the seller may not ask for any payment.
• You may withdraw within 14 days without giving a reason or paying a penalty.
• You may also terminate within 24 months without giving a reason; the seller may then claim taxes and fees plus compensation of up to 2, 4, 6 or 8 percent of the price, depending on how long after signing you terminate.
• Delivery must take place within 48 months of the contract unless a shorter period is agreed. Handing over the keys is not legal delivery: delivery means registration of kat mülkiyeti in your name, or registration of kat irtifakı plus handover of a home fit to live in.
• For projects with 30 or more homes, the seller must have building completion insurance or another accepted form of security (bank security letter, staged payment system or linked loan) before selling. Below 30 homes this security is not mandatory.

Citizenship and off-plan purchases

If you want to use an off-plan purchase for citizenship by investment, the citizenship regulation and the Land Registry add stricter conditions:

• The unit must already have kat irtifakı or kat mülkiyeti. A project without kat irtifakı does not qualify, and neither does bare land bought after 12 December 2023.
• Under the promise-to-sell route, at least 400,000 US dollars must be paid in advance, no later than the date of the notarised contract, and in one single contract. Payments after the contract date do not count.
• The unit must be registered in the name of the party promising to sell when the undertaking is given. A promise based on another promise is not accepted.
• The undertaking not to transfer or cancel the contract for three years is annotated on the register. When the unit is later transferred to you, the remaining part of the three years is carried over to the new title.
• A unit owned by the developer company is accepted only if that company carried out the whole construction investment, as shown by the building permit or service contract.

If the building is not finished, or the developer cannot transfer the unit, your citizenship file can be affected as well as your money.

What to check before paying

1. Title record. Get the current land registry record. Check the owner, whether kat irtifakı is established, and any mortgages, seizures, lawsuits or earlier promise-to-sell annotations.
2. Building permit. Ask for the yapı ruhsatı and check the project matches it.
3. Contract form. Insist on a notarised promise-to-sell contract or a land registry transfer, not a private agreement.
4. Annotation. Have the promise-to-sell annotated on the title.
5. Security. For 30+ unit projects, ask which form of security the seller has and get it in writing.
6. Delivery date and penalties. Check the delivery date (maximum 48 months) and what happens if it is missed.
7. Payments. Pay through banks only. For foreigners, the price is paid in foreign currency sold to a Turkish bank, and the bank sends the exchange certificate to the land registry.
8. Occupancy permit. After completion, follow up until the iskan is issued and your title is converted to kat mülkiyeti.

Location limits for foreigners still apply to off-plan homes; see where foreigners can buy.

How we can help

We translate developer contracts, information forms and land registry records between Turkish and your language, so you can read what you sign before you sign it. We can also interpret at the notary or land registry. We do not assess developers or give legal opinions; for that, use an independent lawyer. See our buying process section for more.