REAL ESTATE LAW
Hayalioğlu & Partners (HP Law) provides premier real estate legal counsel in Istanbul to international property investors, developers, and corporate landlords. Our services encompass acquisition due diligence, title deed transactions (Tapu), zoning and construction permits, urban transformation (Kentsel Dönüşüm), commercial leasing, construction contracts in return for land share, and property dispute resolution before Turkish civil courts.
Table of Contents
- What is Real Estate Law?
- What is The Scope of Real Estate and Construction Law Services?
- What Are Real Estate Law Cases?
- What Are Hayalioğlu & Partners’s Real Estate and Construction Law Services in Turkey?
Real Estate and Construction are sectors that closely concern almost every segment of society. Various disputes and litigation issues may arise from time to time in these sectors, which include many titles, from rental contracts to real estate registration, from title deeds to expropriation. Real Estate Law or Construction Law is a branch of law that deals with issues such as solving legal problems in these sectors, resolving disputes, and protecting the rights of interested parties within the framework of the law.
Hayalioğlu & Partners provides all kinds of legal services needed in Turkey’s Real Estate Law field in accordance with current legislation. So, what is Real Estate Law? What are Real Estate Law Services?
What is Real Estate Law?
Real Estate Law is the legal process that determines the rights of immovable properties such as housing, flats, detached houses, apartments, lands, and fields. Real Estate Law, the branch of law in which the principles are determined to resolve real estate disputes, is evaluated within the scope of “Property Law” in Civil Law.
Real Estate Law is a complex and difficult legal field. It requires special legal expertise. Because in these sectors, there are many exceptions in the legal sense. Therefore, lawyers/attorneys specializing in this field can provide Real Estate and Construction Law services.
What is The Scope of Real Estate and Construction Law Services?
Real Estate Law is a field that provides support for immovable property. Immovables are assets with financial value and parties, such as housing, land, and all kinds of buildings or fields. The scope of this branch of law is very wide.
Many issues, from landlords who do not comply with the terms of the lease agreement to the eviction of the tenant who does not vacate, from the elimination of the partnership to the correction of the title deed, fall under the scope of Real Estate and Construction Law. Also;
- Landlord-tenant issues,
- Real estate disputes in which the heirs are partners,
- Unjustly occupied immovables,
- Expropriation,
- Services provided on many subjects, such as disputes in return for flats, are also considered within the scope of real estate law.
By the way, Real Estate Law is quite broad and has sub-branches.
What Are Real Estate Law Cases?
Real Estate Law cases are quite numerous. Real estate eviction lawsuits are common. However, there are many titles subject to litigation in real estate. The common ones among real estate lawsuits can be listed as follows;
- Land registry correction case,
- Mortgage cases,
- The lawsuit for the arrangement of the real estate sales promise to contract,
- Dissolution of partnership lawsuits,
- Inheritance abduction cases,
- Prohibition case of intervention in real estate,
- Deed cancellation and registration cases,
- Occupation compensation cases,
- Preemption cases,
- Expropriation cases,
- Urgent expropriation cases,
- Confiscation cases without expropriation,
- Building contracts litigation,
- The case for the arrangement of the flat in return contract,
- Cases involving foreigners who acquire real estate in Turkey.
Real estate lawsuits can be between individuals, institutions, or businesses. Private or public institutions can be parties to these lawsuits. For this reason, real estate lawsuits are related to different laws or branches of law.
What Are Hayalioğlu & Partners’s Real Estate and Construction Law Services in Turkey?
Hayalioğlu & Partners provides support with expert lawyers/attorneys in Real Estate and Construction Law Services. Legal services are provided to parties such as commercial real estate developers, management companies, investment funds, and lenders. Legal consultancy services are provided on property financing, real estate purchase, development and leasing, management, and disposal.
Hayalioğlu & Partners’s lawyers/attorneys have extensive knowledge of the real estate industry. In case of any dispute in real estate transactions, professional processes are carried out regarding the legal risks and responsibilities of the clients. Also, legal entities are supported in real estate acquisition, management, and disposal. Services provided in the fields of Real Estate and Construction Law are as follows;
- Preparation, negotiation, and closing of real estate purchase and sale processes,
- Detailed due diligence and auditing in real estate transactions,
- Real estate development,
- Property management plans,
- Real estate financing,
- Mortgage structuring,
- Land valuation disputes,
- Preparation of lease agreements,
- Zoning and permit disputes,
- Expropriation disputes,
- Property tax disputes,
- Preparation, negotiation, and execution of construction contracts,
- Handling construction disputes.
Real Estate Law Frequently Asked Questions (FAQ)
Can foreign nationals purchase real estate in Turkey?
Yes. Under Article 35 of the Land Registry Law No. 2644, foreign citizens of eligible countries can purchase real estate in Turkey up to 30 hectares nationwide and up to 10% of the private property area within a specific district, subject to military and security clearances.
What is the required property investment amount for Turkish Citizenship?
Foreign investors who purchase real estate worth at least 400,000 USD (or equivalent in foreign currency) with an official title deed annotation stating that the property will not be sold for at least three (3) years are eligible to apply for Turkish Citizenship by Investment.
What are the legal remedies if a construction contractor delays delivery in Turkey?
Under Turkish contract law and construction contracts in return for land share, landowners can claim monthly delay compensation (rental loss), contractual penalties, or petition for termination of the contract along with damages for positive and negative losses.
How does commercial lease termination and eviction operate in Istanbul?
Commercial lease eviction requires strict statutory grounds under the Turkish Code of Obligations (Articles 350-352), including non-payment of rent following two justified notices, valid written eviction undertakings (tahliye taahhütnamesi), reconstruction, or completion of the statutory 10-year lease extension period.
