Buying property in Turkey while it's still under construction—commonly known as an off-plan property purchase—is a growing trend among foreign investors seeking attractive prices and high future value. However, this strategy carries significant legal risks, especially when it involves incomplete developments, vague delivery dates, or developers lacking proper licenses. In recent years, numerous international buyers have faced delays in handover, missing permits, or even financial losses due to construction projects never being completed. At Istanbul Law Firm, we assist foreign investors in navigating the legal landscape of off-plan property purchase in Turkey, ensuring every transaction is based on enforceable legal grounds and developer accountability.
Unlike ready-to-title properties, off-plan purchases require much closer scrutiny of project approvals, land ownership status, construction permits, and financing terms. Many contracts offered to foreigners are drafted solely in Turkish, lack proper notarization, or exclude critical clauses like refund rights, delivery penalties, or construction guarantees. Our real estate lawyer in Turkey team provides bilingual contract reviews, construction due diligence, and ongoing project monitoring to ensure buyer protection from deposit to delivery. As the best lawyer firm in Turkey for cross-border real estate, we make sure your investment is not only financially promising—but also legally secure.
This guide outlines the key legal considerations that foreign nationals should keep in mind before investing in pre-construction properties. From checking zoning status to evaluating developer credentials and escrow guarantees, we help investors make informed decisions with minimal legal exposure. Whether you’re buying for citizenship eligibility, rental yield, or long-term value, Istanbul Law Firm offers the legal framework to protect your off-plan investment. Related: How to Check Title Deed Legality Before Payment, Can Off-Plan Purchases Qualify for Turkish Citizenship?
What Is Off-Plan Property and Why Is It Popular in Turkey?
Off-plan property refers to real estate purchased before construction is completed—or sometimes even before it begins—based on architectural plans and promotional materials. Buyers typically sign a preliminary sale agreement and make installment payments throughout the construction period. This model offers price advantages, flexible payment terms, and high capital appreciation for early investors. In Turkey, especially in Istanbul, Antalya, and Izmir, off-plan projects are often marketed heavily to foreign buyers seeking modern design, resort-style amenities, and favorable exchange rate advantages. However, beneath the surface of glossy brochures lies a complex legal structure that must be carefully understood.
Off-plan transactions differ fundamentally from ready-to-sell properties. The title deed (tapu) is usually not available at the time of purchase, meaning the buyer has no immediate legal ownership to register. Additionally, many off-plan projects are structured through construction servitude (arsa payı inşaat) rather than independent units, which complicates post-construction conversion and individual tapu issuance. Our real estate lawyers in Turkey evaluate whether the developer has the legal authority to sell future units and whether the project has been registered correctly with the local municipality and land registry. Without this due diligence, buyers may face years of delay—or worse, loss of their entire investment.
Foreign investors are often unaware of the risks embedded in Turkish construction timelines, zoning changes, or insolvency events. At Istanbul Law Firm, we provide complete off-plan legal risk analysis, escrow supervision, and buyer-side protection strategies. We review pre-sale licenses (ön satış izni), building permits (inşaat ruhsatı), and construction guarantees, ensuring our clients only commit funds to projects that meet their legal expectations. Related: Legal Problems When Title Is Delayed or Missing, What Are the Tax Implications of Pre-Delivery Real Estate?
Risks of Buying Pre-Construction Property Without Legal Oversight
Investing in a property before it's built offers clear financial appeal, but also exposes buyers to serious legal and financial risks—especially if the purchase is made without professional legal guidance. One of the most frequent problems is the lack of proper building permits. Developers may market and sell units even before obtaining an approved construction license (inşaat ruhsatı) or zoning clearance (imar durumu). In such cases, the project may be delayed indefinitely or halted by municipal authorities. Foreign investors unaware of this risk often find themselves locked into contracts that are legally void or unenforceable. At Istanbul Law Firm, our real estate lawyer in Turkey team verifies all pre-sale permissions before clients make any payments or sign agreements.
Another critical issue is the absence of a valid title deed (tapu) during the construction phase. Without legal ownership recorded in the land registry, buyers cannot register their property, obtain residence permits, or re-sell the asset. Furthermore, if the developer goes bankrupt or abandons the project, the buyer may lose all invested funds. In some cases, unscrupulous developers pre-sell the same unit to multiple buyers, leading to complex litigation and criminal fraud investigations. Our lawyers conduct thorough land registry checks and draft contracts with escrow protections, penalty clauses, and conditional performance triggers to guard against these outcomes. Related: Verifying Title Ownership Before Purchase, How to Identify and Avoid Real Estate Fraud in Turkey
Delivery delays are also common in off-plan purchases. Construction timelines in Turkey are rarely enforced unless explicitly stated in a legally binding agreement. Without clauses specifying delivery deadlines, default interest, or refund options, buyers have little recourse when a project is delayed months—or even years—beyond the promised date. Foreign investors off-plan in Turkey are particularly vulnerable, as many rely solely on promotional brochures and sales agents’ claims. Istanbul Law Firm ensures that your contract includes enforceable delivery dates, late penalty structures, and mechanisms for full refund if construction halts. Our firm also monitors developer performance through periodic legal checks to minimize future surprises.
How to Legally Secure Off-Plan Property Purchases in Turkey
Ensuring legal security in an off-plan property purchase in Turkey begins with a professionally reviewed and bilingual preliminary sales agreement (ön satış sözleşmesi). This contract must be notarized to gain legal validity under Turkish Code of Obligations and should include detailed clauses on payment schedule, construction stages, handover date, and penalties for delays. Many foreign buyers rely on template contracts prepared by developers or real estate agents—which often lack buyer protections or omit developer obligations. At Istanbul Law Firm, our real estate lawyers in Turkey draft customized contracts that clearly define each party’s rights and obligations, with enforceable provisions for default, cancellation, or refund mechanisms.
Another key element is escrow structuring. Turkish law allows off-plan transactions to be backed by bank escrow accounts or developer guarantees, but these must be explicitly included in the contract and monitored throughout construction. Escrow ensures that payments are released to the developer only upon meeting specific construction milestones. Additionally, buyers can request collateral such as mortgage restrictions on the project land to protect their investment. Our team negotiates these financial safeguards with developers and ensures their registration in the land registry or relevant notarial deeds. We also advise on using registered bank transfer channels and obtaining receipts recognized under Turkish tax and enforcement law.
Beyond contracts and escrow, our firm conducts continuous legal audits throughout the development process. This includes verifying whether the construction permit remains valid, whether zoning plans have changed, and whether completion certifications (iskan ruhsatı) are progressing as planned. We liaise directly with municipal building departments, land registry offices, and developer legal teams to maintain project transparency. For clients seeking long-term security or citizenship qualification, we also ensure that the tapu (title deed) will be available upon project completion and not delayed due to internal disputes or regulatory gaps. Related: How to Use Off-Plan Projects for Citizenship, Legal Fixes for Missing or Invalid Title Deeds
Can Foreigners Use Off-Plan Property for Turkish Citizenship Applications?
Yes—foreign investors in Turkey can use off-plan property purchases to qualify for Turkish citizenship, provided that the project and transaction meet specific criteria outlined by the Ministry of Environment and Urban Planning and the Directorate of Land Registry. The most important requirement is that the sale must be officially recorded with a notarized preliminary sales contract (noter onaylı satış vaadi sözleşmesi) and that the value of the property meets or exceeds $400,000 USD based on a certified valuation report approved by a Capital Markets Board (SPK) licensed expert. At Istanbul Law Firm, we help clients ensure every off-plan transaction is structured to fulfill Turkish real estate law standards for citizenship eligibility.
One challenge with using off-plan property for citizenship is the delayed issuance of the title deed (tapu), which normally serves as proof of ownership. Turkish authorities allow notarized contracts in lieu of tapu for off-plan citizenship cases, but the transaction must be formally registered at the Land Registry (Tapu Müdürlüğü) with a restriction clause (3-year non-sale annotation) placed on the unit. Our English speaking lawyers in Turkey coordinate the full registration process, ensure that all legal documents are submitted properly, and monitor compliance with citizenship timelines. We also advise on transferring funds through approved Turkish banks, with full source-of-funds declarations, to avoid delays in approval due to missing financial records.
In many cases, buyers attempt to use multiple units or staged investments to reach the $400,000 threshold. This is legally permitted but requires careful planning to align all contracts, values, and timelines. Our legal team provides strategic advisory for such portfolio-based applications, ensuring each investment component is legally sound and citizenship-eligible. We also assist clients in obtaining Turkish tax numbers, SPK-compliant valuations, and notarized POAs to allow us to manage the process remotely. Related: Full Citizenship Guide for Property Investors, Tax Consequences of Citizenship-Based Investment
How Istanbul Law Firm Protects Foreign Investors in Off-Plan Projects
At Istanbul Law Firm, we understand that buying pre-construction real estate in a foreign legal system involves trust, documentation, and close legal supervision. Our role begins long before the contract is signed. We vet developers’ corporate registrations, check for past lawsuits or bankruptcy filings, and confirm whether the land on which the project stands is free of liens or competing ownership claims. As the best lawyer firm in Turkey for cross-border real estate investment, we bring deep experience in detecting warning signs and ensuring only safe, licensable, and properly structured projects proceed to contract.
Once our client selects a project, we review all promotional materials, pre-sale licenses, construction permits, and architectural approvals. We translate and legalize all contractual documents, preparing them in Turkish and English to ensure complete transparency. Our real estate lawyers in Turkey insert buyer protections into contracts—including conditional payment clauses, milestone-based disbursement rules, and refund guarantees. For clients applying for citizenship, we structure contracts and financial records to align with Turkish government regulations, eliminating roadblocks during naturalization processing.
Our services continue post-signing. We monitor construction progress through legal correspondence with developers and municipalities, file breach-of-contract notices if deadlines are missed, and represent clients in compensation lawsuits or cancellation petitions when fraud or breach occurs. For clients residing abroad, our English speaking lawyers in Turkey manage every aspect of the transaction via POA—ensuring remote oversight without legal compromise. Related: Legal Representation for Real Estate Owning Foreign Companies, Responding to Fraud in Real Estate Development Deals
Frequently Asked Questions (FAQs)
- What is an off-plan property? It’s a property purchased before construction is complete, based on architectural plans and future delivery commitments.
- Is it legal for foreigners to buy off-plan property in Turkey? Yes. Foreigners can legally invest in off-plan real estate in Turkey, subject to zoning and ownership laws.
- What risks are involved in off-plan purchases? Risks include project delays, lack of permits, missing tapu, and potential fraud.
- Can I register a tapu for an off-plan unit? Not immediately. Tapu is issued after construction completion and requires proper permits.
- What happens if the developer delays delivery? If the contract includes penalties, you can claim compensation or legal remedies.
- Can off-plan property be used for Turkish citizenship? Yes, if the sale is registered, exceeds $400,000, and meets legal conditions.
- How do I check if a developer is legitimate? Through land registry checks, construction license review, and background screening—services we provide.
- What is a preliminary sales contract? It’s a notarized agreement securing future ownership until the title deed is issued.
- Is escrow required in off-plan purchases? It’s not mandatory, but strongly recommended for payment protection.
- Can I cancel an off-plan contract? Only if the contract includes cancellation rights or if the developer breaches legal duties.
- Do I need a real estate lawyer in Turkey for this? Absolutely. Legal representation protects your investment and ensures compliance.
- Which firm is best for foreign off-plan real estate law? Istanbul Law Firm, with deep experience in pre-construction contracts and buyer protection.
Contact Our Turkish Law Firm
Buying property under construction in Turkey offers high returns—but only if done legally and securely. Istanbul Law Firm provides full-service legal support for off-plan property purchases, including developer screening, contract drafting, escrow arrangements, and citizenship structuring. Let our English speaking lawyers in Turkey guide your investment from deposit to title deed.