“Real Estate and Construction Law” is a branch of law that regulates various legal aspects related to real properties and construction processes, including property ownership, use, transfer, and other real estate transactions. This field of law encompasses legal regulations concerning real properties such as land, buildings, houses, and plots commonly referred to as real estate.


Key Concepts in Real Estate Law:


Real Property (Real Estate): Real property refers to immovable assets that are physically fixed in place and cannot be moved. This concept includes lands, buildings, plots, and other real estate properties.

Ownership of Real Property: Ownership of real property represents an individual’s right to own a specific piece of real estate. Property ownership encompasses all rights over the property, allowing the owner to use, lease, sell, and pass it on as inheritance.

Property Rights: Property rights include all the rights that an individual has over a particular piece of real estate, covering aspects such as property use, leasing, sale, inheritance, and the establishment of other rights over the property.

Land Registry: The land registry is an official database where ownership records of real properties are maintained. Every real property has a land registry record that shows the owner’s details.

Mortgage: A mortgage involves using real property as collateral for debt repayment. It establishes a legal claim on the property, allowing its sale if the owner fails to repay the debt.


Property Transfer: Property transfer refers to the process of transferring ownership of real property from one person to another. This transfer can occur through sale, gifting, or inheritance, among other methods.

Occupancy Fee (Ecrimisil): An occupancy fee is compensation paid by a person who uses another person’s land or real property without permission.

Lease Agreement: A lease agreement is a contract that governs the rental of real property from the owner to a tenant. This contract includes terms such as the rental period, rent amount, and other conditions.

Plot Share (Arsa Payı): Plot share represents a portion of ownership in a property development, such as an apartment building or housing complex. Plot shares are determined by condominium regulations.

Zoning Plan: A zoning plan is an official document that regulates land use and development in a particular area. These plans determine land use purposes, building heights, and other factors.


In Turkey, “Construction Law” pertains to legal regulations related to the construction industry, including the planning, monitoring, and implementation of construction projects, in accordance with local laws, regulations, and national construction standards.


Key Concepts in Construction Law:


Construction Project: A construction project encompasses all the documents and plans involved in designing, constructing, and maintaining a building or structure. Construction projects include architectural drawings, engineering calculations, and technical specifications.

Building Permit: A building permit is the legal authorization required to initiate a construction project. Local authorities assess the project’s compliance with regulations and grant building permits.

Construction Contract: A construction contract is an agreement between the contractor (construction company) and the client (project owner). This contract outlines project duration, costs, material choices, and other critical details.

Labor Contracts: Labor contracts are established for workers involved in construction projects. These contracts define working conditions, wages, and employee rights.


Construction Insurance: Construction insurance covers potential damages or accidents during construction. It helps reduce the financial liability of both the contractor and project owner.

Renovation and Permitting: Renovations or modifications to construction projects may require additional permits. These permits are issued by local authorities.

Building Inspection: Building inspections ensure the technical compliance and safety of construction projects. Independent inspection firms or government agencies conduct these inspections.

Environmental Permits: Construction projects with environmental impacts may require environmental permits. These permits assess the project’s environmental effects and sustainability measures.

Occupational Health and Safety: Safety measures are essential in the construction industry to protect workers and ensure compliance with safety regulations. Occupational health and safety regulations aim to prevent accidents and injuries.


Regarding “Joint Venture Construction Contracts,” these are specialized contracts that govern the financing and construction of specific projects. They are formal agreements, often notarized, used primarily for large construction projects or real estate development endeavors. These contracts specify various critical details, such as:

Contract Form and Validity: The contract must be in writing and signed by the parties involved. Additional documents may also be necessary for legal validity.

Land and Zoning Status: The contract includes a detailed description of the land where the project will be built. This description encompasses location, size, zoning status, land use permissions, and other relevant information.

Delivery Date and Method: The contract specifies the start and completion dates of construction. Additionally, it outlines the handover process and conditions.

Representatives: The contract identifies representatives for both parties and outlines their roles and responsibilities.

Transfer of Land Shares: The transfer of land shares between landowners and the construction company is detailed in the contract. This covers the process of project completion and property sharing.

Construction Process and Management: The contract provides detailed information on how the construction will be carried out, the project’s progress, and its management.

Urban Transformation Procedures: If the project involves urban transformation, the contract outlines who will oversee this process and the timeline for completion.


Building Permit and Approval Process: Procedures for obtaining building permits and approvals are described in the contract.

Condominium Ownership and Condominium Rights: The contract addresses the division of independent sections within the project, typically covered by condominium ownership and rights.

Delay Penalties and Compensation: The contract specifies penalties and compensation in case of project delays.

Rent and Conditions: If part of the project is intended for rental purposes, the contract includes details about rental rates, terms, and conditions.

Termination Clauses: The contract outlines circumstances under which either party can terminate the agreement and the associated consequences.

Expenses and Taxes: Responsibilities for construction-related costs, taxes, fees, and charges are clarified in the contract.


These clauses form the framework of joint venture construction contracts, but the specifics can vary based on project characteristics, local legal requirements, and the parties involved.

Regarding “Expropriation Law,” it is the legal process through which the government or local authorities acquire private property for public purposes. Expropriation involves forcibly buying or seizing privately owned immovable properties when they are deemed necessary for projects serving the public interest. Expropriation is commonly employed for infrastructure projects (such as roads, bridges, airports), public buildings, parks, energy production, and other public service objectives.

The expropriation process is subject to legal regulations and procedures, as it involves interference with private property rights. Expropriation law aims to protect the rights of property owners while serving public interests. During expropriation, property owners are entitled to fair compensation.


Key Concepts in Expropriation Law:

Expropriation Reasons: Expropriation is carried out for specific public purposes, such as infrastructure projects, public buildings, parks, forests, energy production, mining, and other public services and objectives.

Expropriation Procedures: The expropriation process involves distinct procedures and legal steps. These procedures often include notifications to property owners, determination of compensation, court decisions, and property transfer.


Fair Compensation: Property owners are entitled to receive fair compensation during the expropriation process. Compensation is typically based on factors like market value, utility value, and other relevant considerations.

Types of Expropriation: Expropriation can take different forms:

Mass Expropriation: Involves acquiring multiple properties for a single project, such as a highway expansion.

Individual Expropriation: Concerns the acquisition of a single property for a specific project, like an airport expansion.

Partial Expropriation: Involves the acquisition of only a portion of a property.

Protective Expropriation: Protective expropriation aims to protect natural or historical areas by acquiring properties within their boundaries.

Urgent Expropriation: Urgent expropriation is carried out for emergency or public safety reasons and follows expedited procedures.

Expropriation processes can vary based on local laws and regulations. To ensure a fair and legal expropriation process, property owners may seek legal advice or cooperate with relevant authorities.


As Zirve Legal Law Firm, we specialize in Real Estate and Construction Law, offering services in the following areas:


-Title Deed Cancellation and Registration Lawsuit

-Rectification of Unauthorized Title Deeds

-Lawsuit for Rectification of Land Share

-Division of Common Ownership (Izale-i Şuyuu)

-Prevention of Interference Lawsuit

-Establishment of Rights Such as Superstructure Rights, Compulsory Passage, and Usufruct Rights

-Expropriation & Urgent Expropriation Lawsuits, Determination of Compensation

-Monitoring of Apartment Ownership & Common Ownership Establishment Procedures

-Construction Law Within the Scope of Urban Transformation Laws

-Joint Venture Construction Contracts

-Legal Process Follow-up for Zoning Plan Changes

-Contracts for the Purchase and Sale of 2B Lands

-Rental Fee Determination and Eviction Lawsuits

-We provide comprehensive legal services in these areas to protect your rights and interests.