Buying off-plan in Turkey means paying for a home before it exists. For Danish buyers, that can mean a lower price and a brand-new apartment on the Mediterranean — but it also means handing money to a developer on the strength of a brochure and a render. The single biggest mistake is paying large sums before the legal checks are done. This checklist walks through exactly what to verify, in what order, before any money leaves your account.
Why off-plan is a different risk than a finished home
When you buy a completed property you can inspect it, confirm the No İskan, No Safe Purchase: Check the Occupancy Permit Before Buying a Turkish Holiday Home and take the title on the spot. With off-plan you are buying a promise. Fortunately Turkish law treats pre-paid housing sales (ön ödemeli konut satışı) seriously: Consumer Protection Law No. 6502, Articles 40-45, gives foreign buyers the same statutory protection as Turkish citizens. The protection only works, though, if your contract and your developer actually comply with it.
The off-plan due-diligence checklist
| Check | What to verify | Why it matters |
|---|---|---|
| Yapı ruhsatı (building permit) | Issued by the municipality under Zoning Law No. 3194, matches the project address and plans | No permit = illegal build, no future iskan |
| Developer track record | e-Devlet "Müteahhit Bilgileri Sorgulama", MERSIS trade registry, Chamber of Commerce, UYAP litigation history | Reveals failed or disputed projects |
| Land title (Tapu) | Land Registry check for liens, mortgages or attachments on the developer's plot | Encumbered land can sink the whole project |
| Article 41 assurance | Building-completion insurance (bina tamamlama sigortası) OR a bank guarantee | Lets you claim directly if the developer fails |
| Payment schedule | Milestones linked to verified construction progress (hakediş), per Article 42 | Stops the developer demanding money ahead of work |
| Contract form | Satış vaadi sözleşmesi signed before a notary, with a Land Registry annotation (şerh) | Unofficial contracts are void; the şerh gives third-party effect |
| Kat irtifakı | Construction-servitude title registered before completion under Condominium Law No. 634 | A real property right that survives bankruptcy |
Stage payments, never lump sums
Article 42 of Law No. 6502 requires payments to follow independently verified construction milestones. A typical, lawful split looks like: foundation 10-20%, rough construction 20-30%, systems and finishing 20-35%, and occupancy/delivery 10-15%. If a developer wants most of the money up front "for a discount", treat it as a red flag — that is exactly the structure the law is designed to prevent. Insist on the staged schedule and tie each payment to a hakediş report.
This is also why the Article 41 completion assurance matters more than any verbal promise. If the project stalls or the developer goes bankrupt, the insurance policy or bank guarantee lets you claim a refund or completion directly against the insurer or bank, bypassing Enforcement & Bankruptcy proceedings. A registered kat irtifakı gives you even stronger standing than a general creditor.
Delivery dates, penalties and what happens if it stalls
A good off-plan contract states a delivery date and a penalty clause (cezai şart) for late completion. These liquidated-damages clauses are enforceable under the Code of Obligations No. 6098, though a court can reduce a penalty it finds disproportionate. Genuine force majeure (mücbir sebep) may excuse a delay, but general economic difficulty does not. You also keep an Article 45 withdrawal right until the iskan is issued, with a refund of payments (minus a limited use deduction), usually within 180 days.
From kat irtifakı to iskan at handover
Off-plan ownership is staged in the title office too. Before the building is finished, your unit's land share is registered as kat irtifakı — a real (ayni) right, not just a contractual note. When the municipality confirms the build matches the approved plans and issues the iskan (occupancy permit), the kat irtifakı converts automatically to full kat mülkiyeti (condominium title). Confirm the contract obliges the developer to deliver with iskan, and budget for the The All-In Closing-Cost Budget: Every Kroner a Danish Buyer Pays on Top of a Turkish Property Price at handover.
The golden rule
Get an independent appraisal so you are not over-paying before legal checks — see our guide to the The Mandatory Property Appraisal in Turkey: What Danish Holiday-Home Buyers Pay and How It Protects You — and have an independent lawyer review the contract before you sign. The combination of milestone-linked payments, verified Article 41 assurance, registered kat irtifakı, a notarised contract with annotation, and independent legal review is what turns an off-plan gamble into a protected purchase.