The most common grievance of buyers who purchase an off-plan apartment in Alanya is that, despite having paid in full, they cannot obtain the title deed (tapu) or the occupancy permit (iskan) for the apartment. The problem of buying an off-plan apartment and not receiving the title deed stems from the particular legal structure of the construction contract in return for land share; its solution therefore depends on reading that structure correctly. The short answer: if the conditions are met, an action for annulment of title and registration can be filed; if construction has been left unfinished, the outstanding works can be completed on behalf and at the expense of the contractor; in the event of default, the buyer can withdraw from the contract and claim refund of the indexed price, or, if performance has become impossible, claim the market value of the apartment.
In recent years Alanya has become one of the most dynamic real estate hubs in Türkiye, attracting strong interest from both domestic and foreign investors. However, this rapid growth and high demand have also brought serious legal disputes to the construction sector.
In particular, for buyers who purchased off-plan apartments under a “Construction Contract in Return for Land Share (APKİS)”, the failure to register title in their name within the promised period, and the failure to complete the building and obtain the occupancy permit (iskan — building use permit), are among the most frequent grievances in the Alanya region. So what legal remedies are available, under the legislation and the case law of the Court of Cassation (Yargıtay), to buyers who have paid but cannot obtain their title deed or occupancy permit?
Why Do Buyers of Off-Plan Apartments in Alanya Fail to Receive Title Deeds?
At the root of the problem lies the question of from whom, and what, the buyer has purchased. A person buying an off-plan apartment often does not acquire ownership of the property directly, but rather takes over a right that the contractor will acquire in the future. This distinction directly determines the type of action to be filed and its prospects of success.
Parties and obligations in a construction contract in return for land share
In construction contracts in return for land share, the landowner agrees to have a building constructed on the land, while the contractor undertakes to complete the construction, hand over certain independent units to the landowner and, in return, acquire the units allocated to it. For detailed information on the nature of the contract and the mutual obligations of the parties, see our article on what kind of contracts flat-for-land construction contracts are.
Why is buying an apartment from the contractor treated as an “assignment of receivable”?
The contractor may sell to third parties the independent units to be transferred to it while construction is still ongoing. However, since ownership does not yet belong to the contractor, this transaction is not a direct transfer of ownership but rather “the transfer to a third party of a personal right (receivable) yet to be acquired”. In practice, at the point where buyers say “I thought I had a title deed”, what they actually hold is not a title deed but this personal right.
This legal situation is governed by the provisions on assignment of receivables under Article 183 of the Turkish Code of Obligations No. 6098 (TBK):
“Unless prevented by law, contract or the nature of the transaction, the creditor may assign its receivable to a third party without the consent of the debtor…” (TBK Art. 183)
Validity requirement of the assignment: written form
Under TBK Art. 184, the validity of the assignment is subject to the requirement of written form. In Court of Cassation decisions (for example, Yargıtay 6th Civil Chamber, E.2024/3609, K.2025/3935), these actions are referred to as “actions for registration based on assignment”. For this reason, a written sale or assignment contract with the contractor is the first and most fundamental document on which the buyer will rely.
Conditions of an Action for Annulment of Title and Registration
The route most often taken by buyers is the action for annulment of title and registration. However, the success of this action does not depend solely on the buyer having paid. For the general framework of the action, you can also look at our article explaining in which cases an action for annulment of title and registration can be filed.
The basic condition for a registration claim
For a buyer to claim annulment of title and registration, it is not enough to have paid the contractor. The contractor must also have become entitled to that independent unit under its contract with the landowner (Yargıtay 6th Civil Chamber, E.2022/1439, K.2023/1850). In other words, the buyer’s right cannot be stronger than the contractor’s right.
The courts examine the following matters:
- whether the construction has been completed in accordance with the project, the building permit and zoning legislation;
- whether the independent units belonging to the landowner have been handed over;
- whether the building use permit (iskan) has been obtained (TBK Arts. 470, 471, duty of care);
- whether the landowner has claims for outstanding works, delay compensation and contractual penalties.
Under this last heading, the claims that the landowner may assert due to the contractor’s delay are also taken into account; for details, see our article on rent compensation arising from late delivery.
The landowner’s defences
Since the buyer has taken over the contractor’s personal right, under TBK Art. 188 the landowner may raise against the buyer all the defences it could raise against the contractor. These defences include the plea of non-performance, failure to complete construction and zoning violations. In practice, the most important factor weakening the buyer’s case is often not the buyer’s own fault but the contractor’s shortcomings towards the landowner.
Where zoning violations are alleged, the extent to which a building registration certificate (yapı kayıt belgesi) remedies them must also be assessed separately; we addressed this in our article on whether a building registration certificate legalises a building that violates zoning rules.
Concurrent performance and depositing the cost of outstanding works
If the construction is nearly finished (at a physical completion level of 90% or more) and the deficiencies can be remedied, the registration claim is not rejected outright. Under the principle of TBK Art. 97 (order of performance), the court may determine the cost of outstanding/defective works, the occupancy permit costs and the landowner’s claims, and order registration on condition that the buyer deposits this amount with the court cashier (Yargıtay 6th Civil Chamber, E.2022/5057, K.2024/1530).
How the amount to be deposited is determined is closely linked to established practice on calculating the cost of outstanding and defective works; we examined this calculation method in detail in our article on the action for an undetermined receivable concerning the cost of outstanding and defective works.
4 Legal Remedies If Construction Is Unfinished and No Occupancy Permit Has Been Obtained
Where a buyer who purchased an off-plan apartment in Alanya has paid in full but construction has stopped, has not been completed within the promised period, or no occupancy permit has been obtained, the main actions and legal remedies available are set out below. These remedies are not complementary; they are often mutually exclusive options. It is therefore very important to choose the right route from the outset according to the circumstances of the specific case.
1. Action for annulment of title and registration (TBK Art. 183 / TMK Art. 716)
This action is filed where the contractor has largely performed its obligations towards the landowner (in judicial practice generally 90% or more). The court may calculate the outstanding works or occupancy permit costs and offer the buyer the option of depositing that amount; following the deposit, ownership is registered in the buyer’s name under Article 716 of the Turkish Civil Code (TMK). For a buyer who wants actually to obtain the apartment, this is the option with the most direct result.
2. Completion of outstanding works on behalf and at the expense of the contractor (TBK Art. 473)
This route is used where construction is physically continuing but there are delays and defects/deficiencies. An application is made to the court requesting a determination of the cost of outstanding and defective works, authorisation for the buyer to complete these works on behalf and at the expense of the contractor, and recovery of the costs from the contractor. In this way the buyer is not forced to leave the fate of the construction entirely at the contractor’s mercy.
3. Withdrawal from the contract and refund of the price (TBK Arts. 123, 124, 125)
If the contractor is in default and completion of the construction has become impossible, the buyer may withdraw from the contract. In that case, the purchase price paid is refunded after being indexed under the Principle of Corrective Justice (taking into account inflation, exchange rates, gold and real estate price increases) in order to preserve the purchasing power of your money.
The moment at which default occurs and the scope of the elective rights are a separate subject of examination; on this point our articles on the rights arising from the contractor’s default and on whether the contract can be terminated unilaterally will provide guidance.
4. Market value compensation / compensation for impossibility of performance (TBK Art. 125)
This applies where specific performance or registration of title has become entirely impossible, for example because of the landowner’s justified termination. Without being limited to the original price paid, the buyer may claim payment in cash of the current market value of the apartment as at the date of the action. This option is particularly suited to covering the buyer’s real loss where the value of the property has risen significantly since the date of payment.
Rights Under Consumer Law and Procedural Safeguards
If the buyer acquired the home for non-commercial or non-professional purposes, the dispute is a “consumer transaction” under Article 3 of the Law No. 6502 on Consumer Protection (TKHK). This characterisation gives the buyer additional protection beyond the general provisions.
Pre-paid housing sales (TKHK Arts. 40, 41)
A pre-paid housing sale cannot be made before a building permit has been obtained. The promise to sell must be executed before a notary in official form. The seller cannot rely on a defect of form against the consumer; in other words, the fact that the contract was not drawn up in the proper form, as a rule, operates against the seller, not the consumer.
Maximum delivery period (TKHK Art. 44)
The home must be delivered within 48 months at the latest from the date of the contract. This period is a maximum limit established in favour of the consumer and provides a concrete basis that strengthens the buyer’s hand in the event of late delivery.
Competent court (TKHK Art. 73)
Consumer Courts have jurisdiction over actions arising from consumer transactions. Correctly identifying the competent court is one of the first critical steps in the process, so that the action is not dismissed on procedural grounds.
Interim injunction (Code of Civil Procedure (HMK), Arts. 389, 390)
To prevent the property from being transferred to third parties or encumbered with rights in rem, an interim injunction on the land registry record must always be requested when filing the action. If this request is neglected, there is a risk that, even if the case is won, the result cannot actually be obtained because the property has changed hands. The relevant procedural provisions are set out in the Code of Civil Procedure No. 6100.
Preliminary question (HMK Art. 165)
If there are pending termination or debt actions between the landowner and the contractor, these are treated as a preliminary question, since they directly affect the right to registration. The buyer should therefore closely follow not only their own case but also the disputes between the landowner and the contractor.
Limitation Periods and Evidence to Be Gathered
When does the limitation period start to run?
Contractual claims are subject to a 10-year limitation period under TBK Art. 146. According to Court of Cassation case law, the limitation period does not start to run until the apartments are completed and the obligation becomes capable of performance. This principle is an important safeguard for buyers in projects whose construction has remained unfinished for years.
Evidence to be submitted to the case file
The main evidence to be submitted during the proceedings is as follows:
- the written sale or assignment contract with the contractor;
- payment receipts and bank records;
- the Construction Contract in Return for Land Share and the land registry encumbrance records;
- the municipal zoning file, the building permit and the status of the occupancy permit application;
- records of formal notices sent to the contractor.
Compiling these documents in full before filing the action ensures both that the right legal route is chosen and that the proceedings are not unnecessarily prolonged.
Frequently Asked Questions on Off-Plan Purchases Without a Title Deed
Is having paid the contractor enough for me to get the title deed?
No. To claim registration, the contractor must also have become entitled to that independent unit under its contract with the landowner (Yargıtay 6th Civil Chamber, E.2022/1439, K.2023/1850). The buyer’s right is limited to the scope of the personal right taken over.
My contract with the contractor is an ordinary written contract; is it valid?
Under TBK Art. 184, the validity of an assignment of receivable is subject to the requirement of written form. A written assignment contract with the contractor is therefore the basic foundation of a claim for registration based on assignment. In the case of a pre-paid housing sale, the additional requirement under TKHK Art. 41 of a promise to sell executed before a notary in official form also comes into play.
If construction is not finished, will my registration claim be rejected outright?
No. If construction is at a physical level of 90% or more and the deficiencies can be remedied, the court may determine the cost of outstanding/defective works and the occupancy permit costs, and order registration on condition that this amount is deposited with the court cashier (TBK Art. 97; Yargıtay 6th Civil Chamber, E.2022/5057, K.2024/1530).
What defences can the landowner raise against me?
Under TBK Art. 188, the landowner may raise against the buyer all the defences it could raise against the contractor. These include the plea of non-performance, failure to complete construction and zoning violations.
In which court should I file the action?
If the home was acquired for non-commercial or non-professional purposes, the dispute is a consumer transaction under TKHK Art. 3, and the Consumer Courts have jurisdiction under TKHK Art. 73. The competent court must be correctly identified from the outset according to the nature of the specific case.
Is it necessary to have an injunction placed on the title when filing?
Under HMK Arts. 389 and 390, an interim injunction on the land registry record should be requested when filing the action, to prevent the property from being transferred to third parties or encumbered with rights in rem. This is one of the most critical procedural safeguards in the process.
Can my claim become time-barred?
Contractual claims are subject to a 10-year limitation period under TBK Art. 146. However, according to Court of Cassation case law, this period does not start to run until the apartments are completed and the obligation becomes capable of performance.
Choosing the Right Route When Buying Off-Plan
Which route to choose when an off-plan buyer cannot obtain the title deed depends on the physical level of the construction, the extent to which the contractor has performed its obligations towards the landowner, and the documents available. Choosing the wrong type of action can lead not only to lost time but also to losses of rights that are difficult to remedy later.
For foreign buyers acquiring off-plan homes in Alanya, the process may have additional dimensions because of title deed procedures and the legislation on property acquisition by foreigners.
If you cannot obtain the title deed or occupancy permit for an apartment you bought off-plan, the documents in your file and the current state of the construction should be assessed as soon as possible; it is advisable to seek professional legal advice from a lawyer.
Legal Notice: This text has been prepared for general information purposes only and does not constitute legal advice. sophoshukuk.com makes no referral, guarantee or promise of outcome. Each case must be assessed on its own particular circumstances; for your specific dispute, please obtain professional advice from a lawyer.