Buying Off-Plan in Etiler: Construction Servitude, Delivery and a Contract Checklist

A significant share of new residential supply in Etiler comes from the renewal of older buildings and from boutique schemes. Site-scale renewal projects such as the Petrol Sitesi complex in Nisbetiye and the Ucaksavar Sitesi complex in Etiler have also been on the agenda for a long time. In such projects, apartments are often sold while construction is still under way, in other words off-plan. Buying off-plan can bring a price advantage at an early stage, but there is also more for the buyer to check. In this article we share a checklist for buying off-plan in Etiler.

What makes buying off-plan in Etiler different?

Many renewal projects in Etiler proceed at building scale, as boutique structures, while site-scale projects follow a longer, multi-stage process. Because building-by-building renewals contain few units, the number of apartments offered for sale is also limited. Off-plan sales are therefore often completed early in construction and within a short time, so buyers need to review the documents quickly but carefully.

Get to know the contractor and the project

The contractor's completed projects, whether delivery times were met and the experience of residents in those projects are the first step of the decision. The architectural design, floor plans, communal areas and parking solution should be examined in detail at the sales office. Ask, too, whether the show apartment is built to the same standard as the unit you will receive, what stage the project has reached, whether the shell is complete and what the timetable is for the remaining work.

Permits, building inspection and the earthquake code

A building permit, an appointed building inspection firm and a design compliant with the 2018 Turkish Building Earthquake Code are basic prerequisites. Seeing the soil survey and building inspection reports gives concrete information about the safety of the building.

What the contract should include

• Delivery date and delay clauses: the sanctions that apply in case of delay should be written out clearly.
• Description of the unit: the block, floor, aspect, net and gross area, layout and unit number should be stated.
• Specification list: the materials and fittings standard of the delivered apartment should be attached to the contract.
• Parking and storage: the parking and storage to be allocated should be written down with their locations and numbers.
• Payment plan: linking payments to construction stages reduces the buyer's risk.
• Management and service charge: how the management will be set up after delivery and the estimated charge should be stated.

Promise-to-sell contract and construction servitude

In Turkey, a promise-to-sell contract for real estate is valid only when drawn up before a notary, so an ordinary written contract is not enough when buying off-plan. During construction the title is established as a construction servitude, and the contract should also make clear when the buyer will receive that title deed. If the home is sold to a consumer with advance payments, the conditions set by Consumer Protection Law No. 6502 and the related regulation should be checked, with a lawyer if necessary.

If delivery is delayed

If the contract does not make clear what happens when the delivery date is missed, disputes can arise between buyer and contractor. Settling the delay penalty, conditions for any extension and the right to withdraw from the contract before signing, and following the progress of construction regularly, reduce the buyer's risk.

Checks on handover day

At handover, the unit's conformity with the plans and the contract, the specification list, the completion of communal areas and any defects should be checked one by one, and anything missing should be recorded in the handover report. The issue of the occupancy permit and the conversion of the title deed to full condominium ownership are the final steps that complete the process. If communal areas are not yet finished, it is advisable to record their completion date in the report as well, and hidden defects that emerge after handover should be notified to the contractor in writing.

For new projects, brand-new apartments and delivery stages in Etiler, see our guide to brand-new and new build apartments for sale in Etiler; for new supply across the district, see new build apartments for sale in Besiktas.

For buying and selling apartments off-plan or in new buildings in Etiler, please get in touch with us.

Özkan ÖZEL
Strategic Real Estate Asset Management
Beşiktaş / Istanbul
ozkanozel.com

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