Construction in Return for Land Share Agreement

"Is this agreement legally binding if not notarized?"

Quick Answer

A construction agreement where the landowner transfers a certain share of the land to the contractor, and the contractor undertakes to construct a building and deliver independent units in return. It is the most common construction model in Turkey.

Scope and Legal Distinctions

A landowner provides an agreed land share in exchange for construction. Transfer timing, project approval and protection against unfinished works are central commercial risks.

What to Check in Practice

Review title and encumbrances, permits, milestones, completion security and the instrument's required form before transferring a share.

Foreign Acquisition Rules

For foreign natural persons, Law No. 6302 removed the former reciprocity condition in 2012. Nationality eligibility, area and location restrictions still require review. Foreign legal entities and Turkish companies with foreign investment have distinct acquisition rules under Land Registry Law Articles 35 and 36.

Sources & Authorities

Statutory framework and official guidance for this definition.

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