The Liability of Contractors Towards Apartment Owners: Legal Rights and Common Disputes in Practice

Introduction

In recent years, the rapid growth of the construction sector in Turkey has fueled a strong demand for homeownership. Thousands of individuals are entering into agreements with contractors, especially in the context of urban transformation and large-scale residential projects. However, many buyers experience serious issues due to contractors failing to meet their obligations. In this article, we examine the legal responsibilities of contractors toward apartment owners, based on Turkish law and practical examples.

In cases involving construction defects or delivery issues, working with an experienced real estate lawyer in Alanya ensures that your rights are protected and enforced effectively.

1. Legal Status and Responsibilities of the Contractor

A contractor is usually the party who undertakes the construction work under a construction contract signed with a landowner and agrees to deliver apartments in accordance with the contract and approved project. Their responsibility is not limited to completing the construction, but also includes delivering the apartment in compliance with legal, technical, and contractual standards.

The obligations of contractors are governed by the Turkish Code of Obligations, Turkish Civil Code, Zoning Law, and Condominium Law. In particular, Articles 470 and onwards of the Turkish Code of Obligations provide a legal framework for contractor liabilities under a work contract.

2. Construction Defects and Incomplete Work: Liability for Defective Performance

2.1. What is a Construction Defect?

Low-quality materials, missing features promised in the contract, poor workmanship, and deviations from the approved project are all considered defects. These defects fall into two categories:

• Obvious Defects: Easily noticeable at the time of delivery (e.g., broken tiles, cracked walls).
• Hidden Defects: Issues that appear only after delivery, which are not immediately visible (e.g., water leakage, faulty insulation).

With the help of a property lawyer, technical and legal assessments can be conducted more efficiently.

2.2. Statute of Limitations

According to Turkish law:

• The statute of limitations for construction defects in residential properties is 5 years.
• If the defect is due to gross negligence (e.g., structural errors), the period may be extended up to 20 years.

3. Late Delivery and Compensation for Delay

Contractors are obligated to deliver apartments on the date specified in the contract. If they fail to do so, the buyer has the right to:

• Claim compensation for delay
• Terminate the contract and request a refund
• Seek damages

Such disputes can be resolved more effectively with the support of a qualified site lawyer or real estate attorney.

4. Violations of Zoning and Construction Laws

Contractors must comply with building permits, zoning plans, and architectural projects. Otherwise, unauthorized construction may result in administrative fines and legal sanctions.

5. Lack of Occupancy Permit (İskan)

If the occupancy permit (iskan) is not obtained:

• Utility connections (electricity, water, gas) may not be established
• Title deed transactions could be restricted
• The value of the property may significantly decrease

These are serious consequences often resulting from contractor negligence.

6. Rights of Apartment Owners Regarding Common Areas

Contractors must deliver not only the individual apartments but also common areas (e.g., stairwells, gardens, parking lots) as promised. If these areas are incomplete or defective, apartment owners can take legal action collectively or individually.

7. Legal Remedies for Buyers

When contractors fail to fulfill their obligations under the contract, buyers may pursue the following legal remedies:

• Request repair of defects
• Demand a reduction in price
• Terminate the contract
• Seek compensation for damages
• Claim delay penalties

At this stage, the assistance of an experienced real estate or construction lawyer is crucial.

8. Legal Support for Contractor Disputes in Alanya

In Alanya and surrounding areas, many local and foreign investors experience problems due to unfulfilled promises by contractors. Common legal issues include:

• Delivery of defective properties
• Failure to obtain occupancy permits
• Unauthorized construction
• Breach of contract

With the guidance of a professional lawyer in Alanya, clients can effectively pursue:

• Construction defect lawsuits
• Compensation claims
• Contract termination and refund cases
• Title deed cancellation and correction cases

Conclusion

Apartment buyers must carefully review their contracts, seek professional support during delivery, and take timely legal action when necessary. In Alanya, where such disputes are frequent, local legal expertise is highly valuable. Working with a skilled real estate attorney or site lawyer ensures your rights are fully protected.

?Frequently Asked Questions 

What are my rights if the contractor delivers a defective apartment?
You may request that defects be repaired, ask for a price reduction, terminate the contract, or seek compensation.

What is a hidden defect and how is it discovered?
A hidden defect is an issue not visible at the time of delivery but appears later (e.g., plumbing leaks). It must be reported to the contractor as soon as it is noticed.

Can I take legal action if the contractor delays delivery?
Yes. You can claim compensation, terminate the contract, or sue for financial loss caused by the delay.

What can I do if the apartment has no occupancy permit?
You may file a lawsuit against the contractor to demand compensation, termination, or enforcement of their obligations.

Can we sue the contractor for defects in common areas?
Yes. The homeowners’ association or individual owners may bring legal claims regarding common area defects.

Where can I find legal help for contractor-related issues in Alanya?
An Alanya-based lawyer with experience in real estate law and construction disputes can assist with contract review, litigation, and resolution of all such matters.