Construction and Real Estate Law

Legal infrastructure and holistic approach in real estate investments

Real estate transactions; It has a structure at the intersection of zoning legislation, condominium regime, law of obligations, consumer law, capital market regulations and administrative law. Therefore, each process—whether it is a home purchase or sale or large-scale project financing—must be handled according to the position of the parties, the stage of the transaction, and their unique legal risks.

Çetin Law Office, not only the moment of the transaction; It adopts a perspective that covers the entire real estate investment, from pre-legal due diligence to post-delivery dispute processes. This approach considers commercial balance in contract design, protects client interests in negotiations, and effectively carries out litigation and enforcement processes when necessary. dispute resolution It is also supported by institutional competence in the field.

Real estate buying and selling, promise of sale and real estate acquisition

Legal assurance in real estate acquisition; It starts with verifying the land registry, scanning for encumbrances, and confirming the zoning status and usage permit. Pre-determination of tenant rights and third party demands, if any, and correct construction of payment plan, withdrawal and penalty clause mechanisms are complementary elements of the transaction.

The office provides independent legal support to the parties in the preparation, negotiation and revision of real estate sales and sales promise agreements. Title deed transfer conditions, delivery date obligations, commitments and declarations and dispute resolution provisions; It is written at a level of foresight and detail that will close the door to retrospective disputes.

Condominium, building management and common area layout

Condominium Law residences, towers, business centers, shopping malls and housing sites within the scope of; Due to their operational structure, they are constantly subject to legal issues. Collection of dues and common expenses, flat owners' board meetings, implementation of the management plan and management of common areas are among these issues.

Legal consultancy in large-scale building managements

Regular legal counsel and attorney services are provided to site, residence and business center managements. This includes initiating and carrying out enforcement proceedings regarding dues and usage expenses, legal processes with debtor owners and tenants, structuring service contracts and strengthening administrative decision-making mechanisms. The aim is not only to resolve active disputes, but also to make the institutional functioning of the management legally sustainable.

Flat owners' board decisions and common area disputes

Failure to hold flat owners' board meetings in accordance with the procedure, errors in the decision quorum or deficiencies in agenda preparation; It is one of the most common sources of decision annulment cases. Consultancy is provided on the preparation of ordinary and extraordinary meetings, creation of agenda texts and structuring of decisions in accordance with the legal framework; Managements and owners are represented separately in decision annulment cases.

Evidence detection, prevention of intervention and restoration cases in common area violations such as parking lots, terraces, gardens, technical areas, advertising and signage rights and use of independent sections outside the management plan are also carried out within the scope of this service.

Construction contracts and construction process law

Construction contracts in exchange for flats

The construction in return for flat relationship establishes a legal structure between the land owner and the contractor that is long-term, high-value and involves asymmetric risk for the parties. Sharing rate, delivery schedule, technical specifications, license obligations, delay penalties, termination cases and title deed transfer conditions are the critical topics of the contract. Office; In addition to the contract design and negotiation process, it also carries out the warning, evidence determination and litigation processes in disputes arising from delays, incomplete manufacturing or title deed registration problems.

Defective manufacturing and technical disputes

Structural defects, common area deficiencies, insulation problems, non-compliance with technical specifications and disputes regarding material quality; It constitutes the most technical and evidence-intensive area of ​​construction law. In these disputes, timely evidence determination and legally accurate construction of the requests determine the course of the process. Close monitoring of expert processes and integration of technical reports into legal strategy constitute the essence of the service in this field.

License, settlement and administrative processes

Disruptions in the license and building permit processes in construction projects; It directly affects the sales, delivery and financing schedule. Applications before municipalities, land registry offices and relevant administrative units, as well as administrative objection and dispute processes, are managed by taking into account the commercial calendar of the project.

Rental law: residential, workplace and commercial rental

Turkish Code of Obligations's provisions regarding rental relations; It envisages different protection regimes for residential and roofed workplace leases, and opens up a wider area of ​​freedom of contract in commercial areas. It is of decisive importance that the rental fee, increase rate, eviction commitment, sublease, renovation rights, common expenses, default and termination mechanisms are correctly designed according to the type of lease and the commercial position of the parties.

Office; It provides legal services on behalf of owners, tenants and commercial enterprises, from the preparation and revision of lease agreements to rental receivables and eviction cases, rent determination and adaptation processes. Individual legal services Disputes arising from residential rentals are also handled within this area of ​​expertise. Shopping center rentals, office and warehouse rentals and common expense liabilities are evaluated separately.

Project finance, mortgage and structured real estate transactions

Mortgage, floor easement and financing structures

Legal assurance of collateral and financing structure in real estate projects; It depends on the execution of mortgage agreements, floor easement documents and project financing agreements in an enforceable and undisputed manner. A structure that correctly balances the interests of the owner, investor and financier both facilitates the progress of the project and leaves no room for legal disputes in the future.

Shopping mall management, project contracts and REIT processes

In large-scale shopping center and mixed-use project management contracts, clear definition of duties and responsibilities, pricing structure, performance criteria and termination mechanisms is mandatory for operational sustainability. Capital market legislation, corporate law and real estate law are evaluated together in consultancy services regarding real estate investment trusts and structured real estate investment processes. The legal infrastructure of portfolio transactions, asset transfers and investor relations constitute the scope of services offered in this field.