Buying Off-plan Property: Turn the Offer into Verifiable Documents and PaymentsAn unfinished project offers a defined promise of ownership, specifications and a delivery date, so its risks differ from buying an apartment you can inspect today. The price may be lower or instalments easier, but money leaves your account before final execution can be checked. This guide explains how to review the developer, land, agreement, security and payments in 2026, calculate the effect of delays and document each obligation. Images and drawings help explain an offer; a decision needs evidence independent of the marketing material.
Archival illustration of construction in Antalya, dated 20 November 2022; it does not establish the condition of a property discussed. Photo: Annabel Ritson / Pexels.
Establish the transaction type and buyer’s status
Payments before handover are not automatically subject to identical rules. Your lawyer needs to know who sells, the property type, whether you act as a consumer for non-commercial and non-professional purposes, and the legal form of the sale. Buying an office through a company, a land share or a cooperative interest may differ from a prepaid housing sale to a consumer. Do not transfer protections from one transaction to another because an advert says ‘apartment’.
For consumer prepaid housing sales, the Ministry of Trade explains that a building permit is required, pre-contract information must be provided at least one day beforehand, and the agreement must meet the prescribed legal form. A simple reservation paper cannot replace that form, nor should payment under another label be requested before a valid agreement. Obtain advice specifically before paying the reservation deposit: calling it ‘just a commitment payment’ does not establish its legal treatment or refund rights.
Check the company undertaking the obligations
Establish its full legal name, registration number, address and the signatory’s capacity and authority. The marketing company, landowner, developer and building contractor may be different entities. Record each role, who receives your payments and who undertakes delivery and defect obligations. If obligations transfer to another company, an unchanged trading logo is insufficient; have the transfer’s effect and safeguards reviewed.
Visit two completed projects where possible, and ask management or owners about actual handover dates, facilities, defects and the company’s response. Seek dated examples rather than general impressions. Then examine financing for this project: a previous success does not prove sufficient liquidity today. A lawyer can seek lawfully available information about the company, disputes and restrictions. No public complaint is not a guarantee of no outstanding liabilities.
Check land and permits before the show home
Request a current parcel record, building permit and approved project plan, linking the offered unit to its parcel, tower and floor. Verify the landowner, the developer’s right to build and sell, and mortgages, restrictions or rights affecting the project or your registration. If someone else owns the land, your lawyer should review the agreement authorising the developer and each party’s obligations.
| Review file | What the adviser matches | Reason to pause |
|---|---|---|
| Land record | Owner, parcel and restrictions | Unclear authority to sell |
| Building permit | Project, storeys and use | Offered unit outside the approved project |
| Approved plan | Unit number, orientation and included areas | Difference from the sales display |
| Agreement and authority | Responsible contracting party and signatory | Unexplained collection for another party |
Do not assume a furnished show home on the site is the unit you will receive. Use the visit to assess sample finishes, then return to the documents defining your actual rights and location.
Specify the unit in measurable terms
Define net and gross areas and their calculation methods, rooms, orientation, floor, balconies, storage and parking. Have the signed unit plan attached to the agreement, explaining whether parking is part of ownership or a right of use. Do not accept a ‘permanent view’ without understanding neighbouring plots and what can be documented about them; the advert may show a temporary situation.
| Marketing phrase | What the schedule should specify | Handover check |
|---|---|---|
| Excellent insulation | System type, specifications and extent | Installation documents and appropriate inspection |
| Luxury kitchen | Materials, equipment and alternatives | Match the product list |
| Spacious layout | Separate net and gross areas | Measure on the agreed basis |
| Comprehensive facilities | Facility, opening stage and responsible party | Site visit, operation and handover record |
Also establish what the price includes and what costs extra: kitchen appliances, air conditioning, lighting, curtains, meters and connections. Numerous small items can become a substantial furnishing bill and delay readiness for occupation or letting.
Identify the payment safeguard by name
The Ministry of Trade explains that covered prepaid housing projects with thirty or more homes require a prescribed safeguard, such as building completion insurance, a bank guarantee, a progress-payment system or linked-credit security, subject to the conditions. Smaller projects are not subject to this particular safeguard requirement, while the other applicable rules remain. Establish the number of units and actual safeguard rather than accepting ‘guaranteed’.
Request the document, beneficiary, amount, issuer, coverage period and claim triggers. Does it protect all your payments or only part? Does it cover the same company contracting with you? Could changes to the unit or payment plan weaken it? Your lawyer should distinguish genuine payment protection from marketing material or insurance that does not cover project non-completion. A bank’s involvement does not automatically guarantee every buyer.
Illustrative document signing; this is not the reader’s title registration, permit or specific transaction. Photo: Alena Darmel / Pexels.
Link payments to defined events
A payment due on ‘structural completion’ needs a definition: which work is included, who certifies it, and whether an independent report or completion certificate is required. The agreement must distinguish fixed-date payments from milestone payments. A printed ‘progress-based’ schedule offers no automatic protection if every date stays fixed regardless of site progress.
Obtain periodic statements linking amounts paid to milestones, supporting documents and receipts. Transfer to the approved account of the correct party, include the agreement and unit references where possible, and keep evidence. Verify any account change through an independent company contact before sending money. Have your lawyer review promissory notes, financing and default consequences before signing. Do not automatically withhold a due payment over a finding without understanding the correct procedure.
Example: easier instalments do not remove waiting costs
This hypothetical TRY 5,000,000 schedule is neither a financing offer nor a compulsory rule. The buyer pays 30% on signing, 25% at the defined structural stage, 25% at the services stage and 20% at specified handover. Milestone certification and evidence must be agreed, and an adviser should check compatibility with the safeguard used.
| Hypothetical stage | Percentage | Payment in TRY | Cumulative payments |
|---|---|---|---|
| Agreement | 30% | 1,500,000 | 1,500,000 |
| Structure | 25% | 1,250,000 | 2,750,000 |
| Services | 25% | 1,250,000 | 4,000,000 |
| Handover | 20% | 1,000,000 | 5,000,000 |
If use is delayed six months and expected rent in the example is TRY 30,000 a month, uncollected income totals TRY 180,000 before rental expenses and tax. If you instead need temporary accommodation at TRY 25,000 a month, the period costs TRY 150,000. Choose the scenario describing your situation; do not combine personal accommodation costs and hypothetical lost rent for the same home without a factual basis. Also assess tied-up capital and currency movements if your income comes from outside Türkiye.
Delivery dates and project changes
For covered prepaid housing sales, the statutory delivery limit is forty-eight months from the agreement. A shorter agreed period binds the seller. The maximum does not turn an earlier contractual deadline into an optional target. Specify a date and a definition of delivery consistent with the legal procedure, distinguishing keys from registration and possession fit for occupation under the applicable conditions.
Define how changes are notified and your options if they affect the unit or project. Ask about changed materials, area, orientation or facilities, how substitutes are approved and the effect of rejection. Do not assume a clause allowing the developer to ‘change anything’ automatically prevails, or that every change gives the same cancellation rights. Have your lawyer review the facts, wording, deadlines and notice requirements before acting; an elective change may differ from an established legal necessity.
Cancellation and refunds need the correct procedure
A consumer in a covered transaction has a fourteen-day cooling-off right and a separate right to end the agreement within twenty-four months, with different conditions and consequences. Special rights may also arise from the seller’s breach. Do not conflate them or expect a same-day refund. Your lawyer should review the relevant date, notice method, expenses, possible compensation and statutory repayment deadline.
Keep the agreement, receipts, adverts, messages and dates when information was received. Build a chronology: signing, payments, discovery of the issue, notice sent and recipient. These facts help an adviser more than an undocumented account. Do not sign a settlement or acknowledgment that all sums were received before reconciling amounts, transfers, promissory notes and remaining obligations. If offered a replacement unit, examine its specifications and rights as a transaction rather than accepting a verbal solution to the earlier delay.
| Problem | Evidence to gather | Who reviews the next step? |
|---|---|---|
| Construction delay | Schedule, site reports and notices | Lawyer and engineer, depending on the cause |
| Changed unit or specifications | Original schedule and written change | Lawyer and technical adviser |
| Additional payment request | Price clause, calculation and invoices | Lawyer before payment or withholding |
| Proposed refund | Amount, deadline, promissory notes and settlement | Lawyer, with proof of receipts |
Illustrative residential interior; this is not the location of a property discussed in this guide. Photo: Max Vakhtbovych / Pexels.
Assemble an independent file before signing
- Company details, signatory’s authority and payment recipient.
- Current land record, developer’s right to sell, mortgages and restrictions.
- Building permit and plan identifying the unit, tower and floor.
- Pre-contract information and the agreement in the correct legal form.
- Net and gross areas, included areas and finish specifications.
- Price, taxes, fees, extras and currency schedule.
- Complete payment-safeguard document, scope and claim procedure.
- Payment schedule, milestone evidence, date and definition of delivery.
- Change, delay, cooling-off, cancellation and notice terms.
- Independent legal advice and an engineering inspection plan during construction and at handover.
Review the final version before paying: it may differ from a draft sent days earlier. Keep correspondence explaining material promises, then have agreed commitments included in the appropriate schedule rather than assuming a conversation alone establishes the obligation.
Mistakes that increase project risk
Buying the most heavily discounted unit without checking the land and safeguards can increase risk rather than improve profit. Workers on a site do not prove a project is funded: activity does not establish the remaining work or debts. Specifications become contentious when every material can be replaced by what the developer calls ‘equivalent’ without a standard or approval.
Another mistake is planning to let the home the day after the advertised deadline, allowing no time for inspection, defect repairs, meters and furnishing. Include a start-up period after handover, and distinguish a high completion percentage from a home and facilities ready for use. Do not sign full acceptance simply to release a payment or finish a visit while substantive matters remain to be documented and reviewed.
Questions before accepting the offer
Is buying off-plan always a mistake?
It can be assessed when the rights, safeguards, cost and timing are clear and you can bear the risk and wait.
Does a permit guarantee project completion?
It establishes part of the permission to build. Assess delivery capability, the agreement and safeguards separately.
Does every small project require the same safeguard?
The requirement depends on the legal framework and unit count. Have the case reviewed rather than inferring protection from the project’s name.
Should I stop paying if the developer is late?
Consult your lawyer first to establish your rights, notice and proper procedure, avoiding an unintended breach of your own.
What should I request before reserving?
The permit, registry record, agreement, specifications, payment schedule and safeguard documents, with enough time for independent review before transferring money.
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