Off-Plan Property Not Delivered in Türkiye: Refund, Damages and Asset Protection

Off-Plan Property Not Delivered in Türkiye: short answer

A foreign buyer acting outside a commercial or professional purpose receives the same prepaid-home protection as a Turkish consumer.

Scope of review: termination, refund, damages and urgent asset preservation when a Turkish developer does not deliver an off-plan property.

Law checked through: 6 September 2026. Responsible lawyer: Attorney Emirhan Keskin.

Off-Plan Property Not Delivered in Türkiye

Consumer status depends on purpose, not nationality: a personal home purchase may fall under Act No.

6502, while a company purchase or factually commercial acquisition may follow ordinary or commercial rules.

The 14-day withdrawal and 24-month no-reason rescission are not the same as rescission for the developer's default.

Asset protection also divides in two: an injunction under Civil Procedure Code Article 389 preserves the promised unit or another disputed right, while a due unsecured refund or damages claim is ordinarily protected by precautionary attachment under Enforcement and Bankruptcy Act Article 257, not by a blanket injunction over unrelated assets.

A properly framed case establishes the buyer's classification, valid contract or restitution basis, payments, binding delivery date, legal non-delivery, recorded election of remedy and each loss. It then seeks either performance-related protection over the identified unit or refund and damages supported by a timely precautionary attachment. Building-completion insurance, a bank guarantee, a progress-payment system or linked-credit security in a project of 30 or more homes must be investigated as an additional recovery source.

Control point	Legal test	Evidence source
Buyer and purpose classification	Determine whether the buyer acted outside commercial or professional activity and whether the asset is a home, rather than assuming that every foreign individual is or is not a consumer.	Passport or company records, number of units, intended use, business activity, marketing and financing documents
Contract, permit and unit identity	Verify the building permit, prescribed notarial promise or registered floor-easement structure, and the exact block, floor, unit, area and specifications promised.	Notarial contract, land record, building permit, approved project, unit plan, technical specification and brochure
Binding delivery date	Fix the contract date, apply the transitional 36- or 48-month ceiling, compare it with the earlier contractual date and determine whether any extension was validly agreed rather than imposed unilaterally.	Dated signed contract and addenda, notices, construction schedule and communications
Legal and physical delivery	Test title registration, floor-easement status, actual possession and habitability separately; keys or a staged ceremony alone do not satisfy the statutory test.	Current title, occupancy permit, utilities, handover record, site inspection, photographs and engineer report
Payments and loss	Reconcile every payment, currency, bank recipient, linked loan, promissory note, refund, substitute rent and claimed consequential loss.	Bank and foreign-exchange records, receipts, loan file, notes, rent invoices, tax records and loss schedule
Security and collection risk	Identify mandatory project security and concrete signs of asset dissipation, enforcement, concordat, insolvency or multiple sales before choosing an injunction or attachment.	Insurance policy, bank guarantee, progress-payment or linked-credit records, trade registry, title searches and enforcement notices

Legal basis and governing rules

Legal basis — Consumer Protection Act Articles 40-44

A prepaid home sale exists when a consumer pays before later transfer or delivery; construction permission, prescribed official form, project security and, for contracts under the current regime, a delivery period no longer than 48 months are regulated protections. Official source: Consumer Protection Act No. 6502 — official consolidated text.

The contract's earlier date remains binding, the transaction date fixes any transitional 36- or 48-month ceiling, and foreign nationality does not reduce protection where the buyer meets the consumer-purpose test.

Legal basis — Consumer Protection Act Articles 43 and 45

The consumer has a penalty-free 14-day withdrawal, a no-reason rescission for up to 24 months subject to statutory deduction caps, and a fee-free rescission until transfer or delivery where the seller fails to perform its obligations. Official source: Consumer Protection Act No. 6502 — official consolidated text.

A developer in breach cannot apply the 2%, 4%, 6% or 8% no-reason deduction schedule to disguise its own non-performance.

Legal basis — Official delivery and refund rules

Delivery requires registered condominium title or registered floor-easement title plus habitable possession; an Article 45 rescission refund and debt documents are due no later than 180 days after the notice reaches the seller. Official source: Consumer Protection Act No. 6502 — official consolidated text.

A key handover alone does not stop the non-delivery claim, and the chosen statutory route fixes the refund maturity used for enforcement or attachment.

Legal basis — Obligations Code Articles 117 and 123-125

A debtor enters default after notice or automatically on a contractually fixed due day; before rescinding a bilateral contract the creditor generally grants a suitable additional period unless performance would be useless, the debtor refuses, or exact-time performance was decisive. The creditor then chooses performance plus delay loss, abandonment of performance plus expectation loss, or rescission with restitution and reliance loss. Official source: Turkish Code of Obligations No. 6098 — official consolidated text.

Passing a calendar date establishes default but does not in every case eliminate the additional-period analysis or permit mutually inconsistent remedies.

Legal basis — Enforcement and Bankruptcy Act Articles 257-264

A due unsecured monetary claim may support precautionary attachment; an unmatured claim requires the debtor's lack of a fixed residence or concrete preparation to hide or dissipate assets, flee, or use fraudulent transactions to defeat creditors. The order normally requires security. Official source: Enforcement and Bankruptcy Act No. 2004 — official consolidated text.

Refund protection must show maturity or a statutory early-attachment ground and must target identifiable developer assets with approximate proof.

Legal basis — Civil Procedure Code Articles 389-397

A unit-specific injunction requires approximate proof that a change would seriously impede or defeat the asserted right or cause serious harm; a pre-action order carries one-week implementation and two-week merits-action requirements. Official source: Code of Civil Procedure No. 6100 — official consolidated text.

The buyer may preserve a still-claimed unit but should not use an injunction as a substitute for attachment after electing a pure refund.

Legal basis — Consumer mediation, in-rem exception and urgent protection

A personal consumer refund or damages action ordinarily requires pre-action mediation, while Consumer Protection Act Article 73/A exempts consumer disputes arising from rights in rem over immovables. An injunction or precautionary attachment may be sought first, and Mediation Act Article 18/A pauses the follow-on suit clock while mandatory mediation runs. Official source: Enforcement and Bankruptcy Act No. 2004 — official consolidated text.

Urgent preservation need not wait, but a buyer with a personal money claim must enter mediation before the residual filing period expires and file promptly after the final record.

Legal basis — Private International Law Act Articles 21, 24, 26 and 48

Rights in rem over Turkish land and the form of transactions concerning them follow Turkish law, while the law governing contractual and qualifying consumer obligations is selected under separate conflict rules. A foreign claimant provides litigation security unless reciprocity supplies an exemption. Official source: Private International Law and International Civil Procedure Act No. 5718.

A foreign-law clause cannot transfer Turkish title outside Turkish form; its effect on personal claims and any treaty, statutory or actual-reciprocity security exemption must be analysed separately.

Supporting framework: For Off-Plan Property Not Delivered in Türkiye, Title cancellation, registration, price repayment, damages, rent loss and interim protection are different remedies. The correct defendant, court, fee basis and limitation analysis depend on the remedy.

Evidence and proof plan

In a Off-Plan Property Not Delivered in Türkiye matter, The buyer proves the contract or payment basis, each payment, the agreed and statutory due dates, lack of legal delivery, the remedy elected and the amount and causation of loss.

The seller proves compliant pre-information, permit, form, delivery, any lawful deduction and the project security it was required to provide.

Once breach is established, the developer must prove absence of fault to escape fault-based damages under Obligations Code Article 112; fee-free Article 45 rescission for failure to perform does not depend on relabelling the delay as a no-reason exit.

Evidence — Notarial sale promise, registered contract and all addenda

The record Notarial sale promise, registered contract and all addenda is linked to the buyer and purpose classification test. Its source, date, authorship and integrity are verified. Determine whether the buyer acted outside commercial or professional activity and whether the asset is a home, rather than assuming that every foreign individual is or is not a consumer.

Its verification method is: Passport or company records, number of units, intended use, business activity, marketing and financing documents

Evidence — Building permit, approved plans and technical specification

The record Building permit, approved plans and technical specification is linked to the contract, permit and unit identity test. Its source, date, authorship and integrity are verified. Verify the building permit, prescribed notarial promise or registered floor-easement structure, and the exact block, floor, unit, area and specifications promised.

Its verification method is: Notarial contract, land record, building permit, approved project, unit plan, technical specification and brochure

Evidence — Current land register for the project parcel and promised unit

The record Current land register for the project parcel and promised unit is linked to the binding delivery date test. Its source, date, authorship and integrity are verified. Fix the contract date, apply the transitional 36- or 48-month ceiling, compare it with the earlier contractual date and determine whether any extension was validly agreed rather than imposed unilaterally.

Its verification method is: Dated signed contract and addenda, notices, construction schedule and communications

Evidence — Pre-information form and proof of when it was delivered

The record Pre-information form and proof of when it was delivered is linked to the legal and physical delivery test. Its source, date, authorship and integrity are verified. Test title registration, floor-easement status, actual possession and habitability separately; keys or a staged ceremony alone do not satisfy the statutory test.

Its verification method is: Current title, occupancy permit, utilities, handover record, site inspection, photographs and engineer report

Evidence — Complete bank, foreign-exchange, receipt and instalment history

The record Complete bank, foreign-exchange, receipt and instalment history is linked to the payments and loss test. Its source, date, authorship and integrity are verified. Reconcile every payment, currency, bank recipient, linked loan, promissory note, refund, substitute rent and claimed consequential loss.

Its verification method is: Bank and foreign-exchange records, receipts, loan file, notes, rent invoices, tax records and loss schedule

Evidence — Promissory notes, linked-credit documents and cancellation instructions

The record Promissory notes, linked-credit documents and cancellation instructions is linked to the security and collection risk test. Its source, date, authorship and integrity are verified. Identify mandatory project security and concrete signs of asset dissipation, enforcement, concordat, insolvency or multiple sales before choosing an injunction or attachment.

Its verification method is: Insurance policy, bank guarantee, progress-payment or linked-credit records, trade registry, title searches and enforcement notices

Evidence — Contractual delivery date and every extension communication

The record Contractual delivery date and every extension communication is linked to the buyer and purpose classification test. Its source, date, authorship and integrity are verified. Determine whether the buyer acted outside commercial or professional activity and whether the asset is a home, rather than assuming that every foreign individual is or is not a consumer.

Its verification method is: Passport or company records, number of units, intended use, business activity, marketing and financing documents

Evidence — Occupancy permit, condominium or floor-easement registration records

The record Occupancy permit, condominium or floor-easement registration records is linked to the contract, permit and unit identity test. Its source, date, authorship and integrity are verified. Verify the building permit, prescribed notarial promise or registered floor-easement structure, and the exact block, floor, unit, area and specifications promised.

Its verification method is: Notarial contract, land record, building permit, approved project, unit plan, technical specification and brochure

Deadlines, competent court and venue

Filing deadline

For Off-Plan Property Not Delivered in Türkiye, The no-reason withdrawal period is 14 days from contract formation.

A consumer may rescind without giving a reason for up to 24 months; the maximum contractual deduction is 2% in months 0-3, 4% in months 3-6, 6% in months 6-12 and 8% in months 12-24, plus the permitted statutory costs.

Seller non-performance permits fee-free rescission until transfer or delivery.

A notified non-mandatory project change may be rejected by fee-free rescission within one month after notification.

The agreed delivery date binds the seller.

The maximum is 48 months for contracts made on or after the 1 October 2022 effective date of the amendment; under the statutory transition rule, an earlier transaction is governed by the law in force when made, including the former 36-month ceiling where applicable.

Under the Article 45 route, payments and debt documents must be returned within 180 days after the notice reaches the seller.

A formally valid contractual performance, refund or breach claim without a shorter special rule generally has the ten-year Article 146 period from maturity.

For repayment under an invalid informal immovable sale, current Court of Cassation doctrine also uses ten years, but from the point hope of conveyance ends or performance becomes impossible; it does not begin while the buyer's possession continues.

Competent court or authority

For Off-Plan Property Not Delivered in Türkiye, For a consumer claim worth less than TRY 186,000 in 2026, the provincial or district Consumer Arbitration Committee is the compulsory merits forum.

At TRY 186,000 or more, a personal refund or damages claimant completes mandatory mediation and sues in the consumer court, or the civil court of first instance acting as a consumer court where no consumer court exists; a consumer dispute arising from an in-rem right over the immovable is exempt from that mediation precondition.

A factually commercial monetary claim belongs in the commercial court after Commercial Code Article 5/A mediation; a non-consumer, non-commercial contract claim ordinarily belongs in the civil court of first instance.

Insolvency may require filing in a separate concordat or bankruptcy process.

Territorial venue

In a Off-Plan Property Not Delivered in Türkiye matter, A consumer may use the court at the consumer's residence as well as applicable general venues; a foreign consumer with no Turkish residence will commonly rely on the developer's Turkish domicile or the contractual place of performance. A claim seeking registration of ownership or another in-rem result is subject to exclusive venue at the property's location under Civil Procedure Code Article 12. A personal refund claim does not become an in-rem action merely because the contract concerned a home.

Mediation or prior application

For Off-Plan Property Not Delivered in Türkiye, For 2026 consumer disputes below TRY 186,000, the Consumer Arbitration Committee route applies and mediation is not a precondition.

At TRY 186,000 or more, Consumer Protection Act Article 73/A generally requires mediation before a personal refund or damages action, but expressly exempts a consumer dispute arising from an in-rem right over the immovable.

The ordinary consumer mediation period is three weeks from appointment, extendable once by at most one week.

A commercial receivables or damages case instead follows the six-week commercial period, extendable by at most two weeks.

Limitation and forfeiture periods do not run between mediation application and the final record, and urgent injunction or attachment applications remain available.

Interim protection and urgent action

For a still-claimed identified unit, seek an Article 389 injunction and request implementation within one week after pronouncement or service; if obtained before suit, file the merits action within two weeks after requesting implementation.

For an elected refund or damages claim, seek precautionary attachment under Enforcement and Bankruptcy Act Article 257: request execution within ten days from the order date and, if obtained before proceedings, sue or commence enforcement within seven days after attachment or service of the attachment record.

If mandatory mediation applies, Article 18/A(16) stops the two-week or seven-day follow-on suit period from the mediation application until the final record.

Before the 180-day statutory refund date, attachment requires proof of an unmatured-claim ground such as concrete asset concealment or dissipation.

Measure security and foreign-plaintiff litigation security under Article 48 are distinct and both may be required.

In a Off-Plan Property Not Delivered in Türkiye matter, the right at risk, imminent danger and precise scope of the requested measure must appear in the same application. Interim protection does not replace the final judgment.

Cross-border documents and remote representation

A foreign or digital document used for Off-Plan Property Not Delivered in Türkiye is checked separately for issuer, country, date, electronic signature, apostille or legalization and certified translation. Admissibility before a Turkish authority and evidential weight are not the same question.

For a client abroad dealing with Off-Plan Property Not Delivered in Türkiye, the power of attorney must contain the authority required for that Turkish proceeding. Service address, translation route and secure document-transfer channel are fixed at the start.

Step-by-step legal action plan

For Off-Plan Property Not Delivered in Türkiye, the sequence below prevents missed deadlines and connects each legal assertion to a verifiable record. Any urgent protective application required by the file proceeds in parallel.

1. Classify the buyer's actual purpose and the property as consumer, commercial or ordinary private acquisition.
2. Obtain the notarial contract, title records, building permit, approved project and exact unit specification.
3. Calendar the contractual delivery date, the applicable transitional 36- or 48-month ceiling and every signed extension separately.
4. Inspect and document construction progress, occupancy permission, habitability, possession and title status.
5. Reconcile every payment, currency conversion, promissory note, linked loan and outstanding instalment.
6. Choose performance, abandonment with expectation damages, or rescission with refund and reliance loss before drafting final relief.
7. Serve the required notarial withdrawal, default, additional-period or rescission notice and preserve proof of receipt.
8. Identify building-completion insurance, guarantees, progress-payment protection and linked-credit claims immediately.
9. Collect current evidence of the developer's land, vehicles, bank receivables, enforcement cases, related-party transfers and insolvency status.
10. For a foreign claimant, establish any Article 48 reciprocity exemption or budget and lodge the court-fixed litigation security within the judicial deadline.
11. Seek a unit-specific injunction or monetary precautionary attachment using the correct claim, risk and security analysis.
12. Execute the preservation order within the applicable one-week or ten-day deadline and obtain official proof.
13. If the selected claim requires it, enter consumer or commercial mediation before the residual follow-on filing period expires.
14. File the merits case or enforcement proceeding within the remaining Article 397 or Article 264 period after mediation ends.
15. Quantify refund, applicable interest and each causally proven damage without double recovery.
16. Register the judgment or enforce the monetary award and file any concordat, bankruptcy or guarantor claim on time.

1. Quantify refund, applicable interest and each causally proven damage without double recovery.

Quantify refund, applicable interest and each causally proven damage without double recovery. is documented through Notarial sale promise, registered contract and all addenda. The controlling test at this stage is: Determine whether the buyer acted outside commercial or professional activity and whether the asset is a home, rather than assuming that every foreign individual is or is not a consumer. The contract's earlier date remains binding, the transaction date fixes any transitional 36- or 48-month ceiling, and foreign nationality does not reduce protection where the buyer meets the.

For the step “Quantify refund, applicable interest and each causally proven damage without double recovery.”, the verification method is: Passport or company records, number of units, intended use, business activity, marketing and financing documents Moving forward without completing this record creates an avoidable risk concerning jurisdiction, deadline or the scope of relief.

Review or appeal: A Consumer Arbitration Committee decision may be challenged in the consumer court within two weeks after service. A consumer, commercial or civil court final judgment is generally appealable to the regional court within two weeks after valid service, subject to the current monetary finality rules. A debtor may object to a precautionary attachment on the statutory grounds within seven days from implementation if present, or within seven days after service of the attachment record if absent; the ruling may be appealed and the appeal does not automatically stop attachment. Injunction objections and appeals follow the corresponding Civil Procedure Code regime.

Enforcement after the decision

After a decision, counsel checks whether the operative part grants the requested relief, the service and appeal deadline, any finality requirement, and the registry or authority that must implement it.

A properly framed case establishes the buyer's classification, valid contract or restitution basis, payments, binding delivery date, legal non-delivery, recorded election of remedy and each loss.

It then seeks either performance-related protection over the identified unit or refund and damages supported by a timely precautionary attachment.

Building-completion insurance, a bank guarantee, a progress-payment system or linked-credit security in a project of 30 or more homes must be investigated as an additional recovery source.

A Off-Plan Property Not Delivered in Türkiye matter is not operationally complete until payment, registration, cancellation, delivery or the required administrative act occurs. Non-compliance may require enforcement or a separate remedy.

Off-Plan Property Not Delivered in Türkiye — frequently asked questions

What is the definite Turkish-law rule for Off-Plan Property Not Delivered in Türkiye?

The practical legal result is: A properly framed case establishes the buyer's classification, valid contract or restitution basis, payments, binding delivery date, legal non-delivery, recorded election of remedy and each loss. It then seeks either performance-related protection over the identified unit or refund and damages supported by a timely precautionary attachment.

What is the effect of Consumer Protection Act Articles 40-44?

A prepaid home sale exists when a consumer pays before later transfer or delivery; construction permission, prescribed official form, project security and, for contracts under the current regime, a delivery period no longer than 48 months are regulated. The contract's earlier date remains binding, the transaction date fixes any transitional 36- or 48-month ceiling, and foreign nationality does not reduce protection where the buyer meets the consumer-purpose test.

How does Consumer Protection Act Articles 43 and 45 affect the case?

The consumer has a penalty-free 14-day withdrawal, a no-reason rescission for up to 24 months subject to statutory deduction caps, and a fee-free rescission until transfer or delivery where the seller fails to perform its obligations. A developer in breach cannot apply the 2%, 4%, 6% or 8% no-reason deduction schedule to disguise its own non-performance.

How is Buyer and purpose classification proved in Turkey?

Determine whether the buyer acted outside commercial or professional activity and whether the asset is a home, rather than assuming that every foreign individual is or is not a consumer. Passport or company records, number of units, intended use, business activity, marketing and financing documents

What must be done if Contract, permit and unit identity is missing?

Verify the building permit, prescribed notarial promise or registered floor-easement structure, and the exact block, floor, unit, area and specifications promised. Notarial contract, land record, building permit, approved project, unit plan, technical specification and brochure

What is the filing deadline for Off-Plan Property Not Delivered in Türkiye?

For Off-Plan Property Not Delivered in Türkiye, the first deadline check is: The no-reason withdrawal period is 14 days from contract formation. A consumer may rescind without giving a reason for up to 24 months; the maximum contractual deduction is 2% in months 0-3, 4% in months 3-6, 6% in months 6-12 and 8% in months 12-24, plus the permitted statutory costs. Seller non-performance permits fee-free rescission until transfer or delivery. Evidence of service and the final filing date should be retained in the file.

Which Turkish court and venue handle Off-Plan Property Not Delivered in Türkiye?

For Off-Plan Property Not Delivered in Türkiye, For a consumer claim worth less than TRY 186,000 in 2026, the provincial or district Consumer Arbitration Committee is the compulsory merits forum. A consumer may use the court at the consumer's residence as well as applicable general venues; a foreign consumer with no Turkish residence will commonly rely on the developer's Turkish domicile or the contractual place of performance.

Is mediation or a prior application required for Off-Plan Property Not Delivered in Türkiye?

For Off-Plan Property Not Delivered in Türkiye, the precondition analysis is: For 2026 consumer disputes below TRY 186,000, the Consumer Arbitration Committee route applies and mediation is not a precondition. At TRY 186,000 or more, Consumer Protection Act Article 73/A generally requires mediation before a personal refund or damages action, but expressly exempts a consumer dispute arising from an in-rem right over the immovable. Any mandatory completion record must accompany the filing.

Which interim protection is available for Off-Plan Property Not Delivered in Türkiye?

For Off-Plan Property Not Delivered in Türkiye, urgent relief must be limited to the identified risk: For a still-claimed identified unit, seek an Article 389 injunction and request implementation within one week after pronouncement or service; if obtained before suit, file the merits action within two weeks after requesting implementation.

Which review or appeal applies to a decision on Off-Plan Property Not Delivered in Türkiye?

After service of a decision on Off-Plan Property Not Delivered in Türkiye, the applicable route is: A Consumer Arbitration Committee decision may be challenged in the consumer court within two weeks after service. A consumer, commercial or civil court final judgment is generally appealable to the regional court within two weeks after valid service, subject to the current monetary finality rules.

Related legal guides

• Fraudulent Transfer of a Foreign Owner's Turkish Property: Title Recovery and Urgent Injunction
• Real Estate Law in Turkey
• Property and Investment Guide
• Property Law for Foreign Buyers
• Legal Guides for Turkey
• Contact the Law Office

Official sources

• Consumer Protection Act No. 6502 — official consolidated text
• Ministry of Trade — prepaid home sales guidance, 5 March 2026
• Regulation on Prepaid Home Sales — official consolidated text
• Turkish Code of Obligations No. 6098 — official consolidated text
• Code of Civil Procedure No. 6100 — official consolidated text
• Enforcement and Bankruptcy Act No. 2004 — official consolidated text
• Mediation in Civil Disputes Act No. 6325 — official consolidated text
• Ministry of Trade — 2026 Consumer Arbitration Committee threshold
• Private International Law and International Civil Procedure Act No. 5718

This publication about Off-Plan Property Not Delivered in Türkiye provides general information on Turkish law and does not guarantee a result. Current law, service dates, evidence and the parties’ status must be reviewed for the individual matter.