Real Estate And Construction Law

Antalya Construction and Real Estate Lawyer

Antalya construction and real estate lawyer is a lawyer who provides legal support to his/her clients with expertise in construction and real estate law and his/her mastery of the relevant legislation. Antalya construction and real estate lawyer allocates the knowledge, experience and acquis acquired in the field of law for the benefit of real and legal persons who request legal support from him/her.

Who is a Construction and Real Estate Lawyer, What Do They Do?

A construction and real estate lawyer is a lawyer who has expertise, competence and experience in construction and real estate law, a discipline of private law character. The construction and real estate lawyer provides dynamic and solution-oriented services by considering the balance of rights and interests of clients in business, transactions, disputes and litigation that fall within the examination and regulation area of the said field of law.

International Construction and Real Estate Lawyer in Legal Affairs with Foreign Elements

ALKAN Law Office, which performs legal services with its knowledge, experience and qualified team related to construction and property law; provides legal consultancy and representation services not only to Turkish citizens residing in Turkey, but also to T.C. citizens residing abroad, foreigners living abroad and foreigners in Turkey.
ALKAN Law & Consultancy performs legal services in construction and real estate law in all matters within the field of examination and regulation and within the framework of the legislation in order to prevent loss of rights in legal problems, business, transactions, disputes and litigation in order to prevent loss of rights and to prevent grievances, in Turkey especially in Antalya.

Ahmet Alkan Law Office Antalya Construction and Real Estate Lawyer Services

ALKAN Law Office performs conciliation, dispute resolution, legal process management, consultancy and representation services related to construction and real estate law in Turkey and internationally, especially in Antalya. Within the framework of construction and real estate (immovable/property) law and related legislation, the main services performed by ALKAN Law & Consultancy lawyers are as follows:

• Legal consultancy for Turkish citizens and foreign investors in the investment decision and post-investment process and arrangement of related contracts,
• Determination of a legal roadmap for the establishment of condominium and condominium ownership; fulfillment of establishment and registration procedures; dispute and litigation follow-up,
• Preparation of apartment and site management plans within the framework of the provisions of the Condominium Law No. 634 in force; advising on apartment/site general assembly meetings; issuance of minutes and contracts; fulfillment of the registration procedures of the site management plan before the Land Registry Directorates and the notary public and the follow-up of the process; providing solutions to disputes that may arise within this framework through conciliation and litigation,
• Arrangement of contracts of promise of sale,
• Opening and following up on the lawsuit for the deed arising from the contracts of promise of sale,
• Arrangement of real estate sales contracts,
• Fulfillment of title deed and transfer transactions,
• Representation in the deed in sales transactions,
• Taking the necessary steps to secure the financing of property projects and establishing property guarantees; Providing communication and negotiations with domestic and foreign credit and fund institutions as required by consultancy and representation,
• Establishment of property mortgage,
• Follow-up of mortgage abandonment and related cases,
• Arrangement of property lease contracts,
• Follow-up of eviction cases,
• Detection of violation of the lease agreement and cancellation of the lease agreement,
• Determination of the rental price,
• Follow-up of cases of adaptation of the lease agreement,
• Fulfillment of the necessary procedures for the collection of rent receivables,
• Legal consultancy and litigation proceedings against disputes arising within the framework of the lease relationship or at the end of the lease agreement,
• Obtaining licenses to open and operate workplaces, applying to the competent authorities and following the process,
• Application and follow-up of construction projects, licenses and other administrative authority procedures,
• Arrangement of all kinds of contracts related to international and ground projects, including construction, purchase – sale, partnership, in different languages, especially in English, Russian, German and Arabic,
• Settlement of disputes arising from construction and real estate law transactions and contracts through conciliation and litigation,
• Representation and follow-up in title deed cancellation and registration cases,
• Representation and follow-up in Intervention cases,
• Representation and follow-up in cases of right to pre-purchase,
• Representation and follow-up in right-of-way cases,
• Representation and follow-up in cases of dissolution of partnership (izale – i şüyu),
• Representation and follow-up in all kinds of cases related to possession,
• Legal consultancy against property rights violations due to administrative and legal procedures such as zoning procedures, coastal edge lines, forest boundaries,
• Legal consultancy in administrative applications related to land registry and cadastre transactions, forest transactions and the use and purchase of immovable properties belonging to the treasury,
• Expropriation, increasing the cost of expropriation, unfair seizure, non-expropriation cases and retaliation lawsuits, opening and follow-up,
• Follow-up and representation in cases of correction of land registry,
• Legal consultancy in Mass Housing Projects and Cooperative Establishment transactions,
• Within the framework of international law, the application for the minimum permission of the real estate before the competent authorities on behalf of the foreign investor real person or foreign companies and then the transfer, sale and registration procedures in the title deed, sales representation by proxy,
• Planning of land uses and consultancy in the construction process; obtaining the necessary permissions before the official institutions,
• Representation before administrative courts, land registry administration and municipalities, transaction follow-up and process management,
• Representation and follow-up in cases of interference,
• Within the framework of the urban transformation process; Legal consultancy for apartment owners, building/site managements and construction companies,
• Within the scope of urban transformation; Operation of the appeal procedure against risky structure or risky area decisions,
• Conducting negotiations between construction and demolition companies and landlords in the urban transformation process; settlement of disputes; Creation of a legal roadmap for the process,
• Alleged infringement within the scope of the “right to property” stipulated by the Constitution of the Republic of Turkey and the ECHR regulations; Individual Application to the Constitutional Court and follow-up of the process,
• Having a title deed in the past; however, the proceedings regarding the compensation cases related to the forest lands whose title deeds were later canceled,
• Enforcement follow-up process for disputes arising from housing loans,
• Arrangement of business development, construction, project management, operation, intermediary, architecture, construction management, marketing, license, brokerage contracts related to all kinds of real estate,
• Arranging and auditing the lease relationship related to the immovable properties of Turkish citizens and foreign real persons or companies residing abroad in Turkey, following up the general transaction before the relevant authorities and managing the legal process,
• Business and dispute follow-up in which the concept of “work” is the subject within the scope of the law of obligations,
• Arrangement of construction (work) contract,
• Follow-up of works and disputes arising from the construction (work) contract,
• Follow-up of works and disputes arising from the construction contract in exchange for land share,
• Follow-up of works and disputes arising from the construction contract in exchange for revenue (income) sharing,
• Follow-up of work and disputes arising from the construction contract for fee (fee),
• Follow-up of work and disputes arising from public procurement construction contracts,
• Fulfillment of the necessary applications against the violation of the obligations arising from the construction contract (construction debt, transfer of construction price or land share, agreement of the business owner or land owner and the contractor, etc.) and follow-up of the process,
• Follow-up of business, disputes and lawsuits arising from zoning plans (master plan, application zoning plan, spatial strategy plans and environmental layout plans, etc.),
• Execution of works and transactions related to parcellation within the scope of land and land arrangement,
• Preparation of architectural project contract for construction, follow-up of works and disputes arising from the said contract,
• Within the framework of the construction permit (building permit); Consultancy for license application procedures, constructions that are not subject to a license or that are subject to different license procedures,
• Legal consultancy and business follow-up within the scope of settlement (building use permit),
• Within the framework of structures that do not have a construction license and structures that are contrary to the license; unlicensed construction, construction contrary to the license, illegal construction, zoning peace and the crime of causing
• Attorneyship and consultancy to the parties (contractor, subcontractor, owner land owner) in the construction contract,
• Legal resolution of disputes arising due to the debts of the business owner or the land owner (delivery of the land in accordance with the construction, purchase of construction permits in accordance with the zoning status, construction of projects, transfer of land share or land title deeds, etc.),
• Within the framework of the inability of the business owner to pay his debt (default); Withdrawal from the contract, termination of the contract and business follow-up on compensation claims,
• Taking the necessary steps against the failure of the contractor to fulfill its obligations (obligation to carry out the construction, the obligation to carry out the construction with care and loyalty, the obligation to deliver the construction, etc.),
• Withdrawal from the contract (violation of the obligation to carry out the construction in person or under the management of the contractor, violation of the obligation of the contractor to carry out the construction with care and loyalty, defect in the construction, excessive exceeding of the approximate price, failure to start the work on time or delay of the work (contractor’s default), withdrawal from the contract for other justified reasons, default of the owner in paying wages, insolvency of the owner in the payment of wages, extraordinary circumstances in lump sum works, taking the necessary steps and fulfilling legal remedies in the case of the business owner’s creditor default, the business owner’s default in the supply of materials, other reasons that prevent the performance of the debt,
• Follow-up of the works and transactions that have arisen from the termination of the contract, resolution of disputes,
• Attorney service in all cases covered by construction law,
• Assertion and follow-up of the claims based on the construction contract before the authorized and authorized bodies,
• Assertion and follow-up of claims based on the Law on the Protection of Consumers before the authorized and authorized bodies.

Antalya Construction and Real Estate Lawyer Contact Information

The contact information of ALKAN Law Office real estate law lawyers, who perform legal process management, legal consultancy, representation and follow-up services throughout Turkey and internationally, especially in Antalya, are given in the chart below. It is possible to communicate through the communication tools in the chart.

Construction and Real Estate Attorney Fees

Attorney fees must be paid if the assistance of a lawyer is obtained for the judicial resolution of a dispute related to real estate or construction law. The fee is determined by considering a number of factors. The first of these factors is the competence, professional mastery and success of the lawyer. Another factor is the Attorney Minimum Wage Schedule. A fee less than the amount stipulated in the said schedule cannot be agreed.
Other factors affecting the fee to be requested by the lawyer are the workload that the concrete event will bring to the lawyer, the time to be spent on the file and the effort to be spent, the complexity of the file and the nature of the dispute. All these factors affect the fee to be paid by the real estate and construction lawyer by the person/people who have to be a client.
Another point we should mention regarding lawyer remuneration is the recommendation tariff. This tariff, which is regulated separately from the Minimum Wage Schedule,  is determined by the bar association of each province and is only advisory, not binding. However, it can be examined in order to have an idea in terms of lawyer fees. Some of the attorney fees for 2023 decided by the UTBA with the Attorney Minimum Wage Schedule are as follows:

How are Antalya Construction and Real Estate Attorney Fees Determined?

The fee to be paid for the Antalya real estate lawyer; The workload that the file subject to the assistance of the lawyer will bring to the lawyer is determined according to the complexity of the file, the nature of the dispute, the nature of the services requested and the time to be spent on the file. Another factor affecting the attorney’s fee is that the lawyer is competent and successful in construction and real estate cases.

When are Antalya Construction and Real Estate Attorney Fees Paid?

When the attorney’s fee will be paid is a matter of curiosity for people who need the help of a lawyer in real estate and construction. Since no legal regulation is stipulated regarding the date of payment of attorney’s fees, it is freely agreed between the lawyer and the person applying for the assistance of a lawyer, just like the attorney’s fee.

How Much Does Construction and Real Estate Litigation Cost?

It is possible to talk about two different expenses in cases related to real estate and construction law: the first is attorney’s fees and the second is litigation costs. We will not include the attorney’s fee, which we have explained in the relevant title about the issues of attorney’s fee, in this title, and we will only mention the necessary fee items in the litigation process.
In real estate (immovable) cases, in addition to the attorney’s fee, the legal costs to be paid consist of fees and taxes. We have explained the curious issues related to attorney fees in the relevant subheadings. Now, if we need to list the items of expenses other than attorney fees separately, we can express them as follows:

• Although it is re-determined every year, the application fee in the amount of TRY 123.60 for 2023 (in the courts of peace, in the enforcement examination authorities); 269,85 TRY (in small claims courts, administrative courts),
• For the year 2023, there is an advance fee of TRY 269.85.
• The amount of the discovery fee is 1912,35 TRY for 2023.
• If the expert examination is applied, there is a fee between 580 and 1540 TL.
• For the power of attorney stamp, 40,30 TRY must be paid.

How Long Do Construction and Real Estate Lawsuits Last?

Cases related to construction and real estate law usually last between 1 year and 3 years, depending on the workload of the court where the case will be examined and decided, whether the process is carried out by an experienced lawyer, the nature of the dispute subject to the case and the conditions of the concrete file. Based on the frequently encountered cases in practice;

• An property eviction case lasts approximately 8 months to 1.5 years,
• Cancellation of property title deed and registration case for approximately 1 to 2 years,
• Eviction and unfair use cases heard in the administrative court are approximately 6 months to 1 year,
• The appeal process of immovable cases is usually from 1 to 1.5 years,
• The appeal of property cases takes approximately 1.5 to 2 years.

Is it Mandatory to Hire a Construction and Real Estate Lawyer?

In cases that fall within the scope of examination and regulation of construction and real estate law, the assistance of a lawyer is not obligatory but voluntary. A person may assert his or her law without being represented by a lawyer in a case related to the branch of law in question; defend their rights. However, it is worth emphasizing that getting help from an experienced and competent lawyer will be the right approach.
Its place in the legal system; Considering its procedural importance, it is extremely important to receive legal consultancy and litigation follow-up services from an expert real estate law lawyer in order not to lose rights, interests, material and time in construction and real estate cases, which are extremely technical, for the positive course of the process.

How to Find the Best Construction and Real Estate Lawyer in Antalya?

Attorneyship is not a profession in which there are various classification tools, such as exams or interviews, and lawyers are categorized according to the criterion of “success”. Therefore, it is not right to use adjectives such as “best” and “most successful” for any lawyer, and it is also wrong in terms of lawyer professional ethics. So, how to contact an expert and experienced lawyer in Antalya?
To communicate with experienced, highly competent and expert lawyers who provide services in construction law and property law under the roof of ALKAN Law & Consultancy; You can use the contact tab to benefit from the consultancy or litigation follow-up service about the concrete file and contact with the help of communication tools.

In Which Courts Does Antalya Construction and Real Estate Lawyer Serve?

Both real estate law and construction law are among the voluminous legal disciplines. The service items of lawyers who provide legal support in these areas are also extremely voluminous as listed above. Therefore, there is no single answer to where construction and real estate lawyers work, that is, which court is the court in charge of construction and real estate law cases.

How Does Antalya Construction and Real Estate Lawyer Provide Services?

ALKAN Law Office, which provides legal assistance at the whole country and at the international level, especially in Antalya, provides its clients within the framework of legal work and transactions, consultancy and case follow-up through its lawyers who are competent in the highly technical, complex and voluminous sub-disciplines of private law such as construction and real estate;

• Careful listening of the interlocutor; To be evaluated from another perspective by establishing empathy while approaching the concrete case,
• To examine the concrete file within the framework of care, attention and diligence and to determine the most accurate legal road map in order to prevent the loss of rights, benefits, material and time of the client,
• Timely and duly fulfilling preventive measures and necessary applications in order to prevent irreparable legal loss,
• In order for the process to gain positive results in a short time, it offers the provision of legal services, business and transactions with a multifaceted, solution-oriented and strategic approach.

The Importance of Working with a Construction and Real Estate Lawyer

General works, including transactions, disputes and lawsuits embodied in construction and real estate law, require legal knowledge, legislative dominance and experience from the person conducting the process. Otherwise, it is highly likely that there will be irreparable and sometimes even impossible losses. The help to be obtained from a successful construction and real estate lawyer is important and even essential to prevent such losses.