Question 1

The contractor did not deliver the flat on time. What can I do?

Accepted Answer

First give a reasonable deadline by notarial formal notice. If you are the landowner, you can demand completion of the construction and claim delay compensation equal to the market rental value for the period of delay together with the contractual penalty in the contract; if the delay is serious, you can withdraw from the contract. If you bought the flat from the contractor, you are considered a consumer; a pre-paid home must be delivered within 48 months at the latest, otherwise you can withdraw from the contract and claim a refund of the price you paid.

Question 2

How many owners must approve an urban regeneration project?

Accepted Answer

Since 9 November 2023, decisions on risky buildings such as reconstruction, choosing the contractor and signing a contract in exchange for flats are taken by a simple majority of the co-owners calculated by their shares; the former two-thirds majority requirement has been abolished. The ratio is calculated by land shares, not by the number of people. In a 10-flat building with equal shares, the decision of 6 owners is sufficient. The decision and the offer are notified to owners who did not join the decision through a notary or by announcement at the neighbourhood headman’s office.

Question 3

What is the time limit for objecting to a risky building decision?

Accepted Answer

Owners may object to the risky building determination within 15 days; the objection is examined by a technical board made up of university faculty members and Ministry officials. The determination is posted on the building, notified via e-Devlet and announced at the headman’s office for 15 days; the last day of the announcement is deemed the date of notification. The time limit for suing in the administrative court against acts under Law No. 6306, including the technical board’s decision, is 30 days; the general 60-day time limit does not apply.

Question 4

What happens if I do not sign up to urban regeneration?

Accepted Answer

If you do not join a decision taken by simple majority, the decision and the offer are notified to you; if you do not accept the offer within 15 days of notification, your land share is sold by auction to the co-owners who agreed, at not less than the market value set by the Directorate. If it cannot be sold to the co-owners, the procedure is repeated until a sale is made to third parties who agree to comply with the decision. You can file an action in the administrative court within 30 days against an undervalued market price or defective notification.

Question 5

Cracks and water leaks have appeared in the home I just bought. How much time do I have?

Accepted Answer

Notify the contractor by notarial formal notice as soon as you discover the defect. If you bought the home from the contractor as a consumer, the liability period is 5 years from delivery; if the defect was concealed through gross fault or fraud, the limitation period does not run. In the contract-for-work relationship between the landowner and the contractor, the period is likewise 5 years from delivery, or 20 years if the contractor is grossly at fault. Requesting preservation of evidence from the court before repairs makes proof easier.

Question 6

How can a municipal demolition order be challenged?

Accepted Answer

An action for annulment against a demolition order is filed in the administrative court where the property is located within 60 days of notification. Since filing the action does not automatically stop the demolition, a stay of execution should also be requested in the first petition. The construction stop report, the demolition order and the zoning fine are separate acts; the time limit for each runs from its own notification date. If a permit is obtained within one month of the construction stop report, demolition can be avoided.

Question 7

Can a building registration certificate be obtained under the zoning amnesty in 2026?

Accepted Answer

As a rule, no. Zoning amnesty applications were accepted in 2018–2019 and that period has ended; unless a new application period is opened by law, a building registration certificate cannot be obtained, so it should be checked separately whether there is any current regulation. A building registration certificate obtained earlier removes demolition orders and uncollected zoning fines. However, the certificate is valid only until the building is rebuilt or urban regeneration takes place, and if it was obtained through a false declaration it may be cancelled and the demolition procedure may start again.

Question 8

How do I preserve my right to the contractual penalty when accepting the flats?

Accepted Answer

The contractual penalty agreed for delay may be lost if the flats are accepted without reservation. Have it written clearly in the delivery report that you reserve your rights to the delay penalty, compensation and incomplete work; if the contractor refuses, notify your reservation by notarial formal notice before or immediately after delivery. List the incomplete and faulty work in the same report as well; acceptance without reservation weakens both the penalty claim and the defect claim in a later lawsuit.

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