Buying Property in Turkey: Hidden Defects and the Rain

A bright July viewing shows a dry balcony, clean ceilings and a tidy bathroom. None of that tells you how the apartment behaves in wet weather. That is why a property purchase in Turkey can hide defects until well after the keys change hands.

Once a problem appears, the law sets out some basic rules. A hidden defect found after purchase must be reported to the seller immediately. Otherwise the property is treated as accepted with that defect, under Article 223 of the Turkish Code of Obligations, the country’s general contract and sales law (6098 sayılı Türk Borçlar Kanunu md. 223 — mevzuat.gov.tr; TBK Madde 223 – Satılanı gözden geçirme ve bildirim).

Claims arising from a defective building expire 5 years from the transfer of ownership, or 20 years if the seller was grossly at fault (TBK Madde 244 Taşınmaz satışında yüzölçümü: Sorumluluk). The sale itself is completed by official deed at the title deed office (the land registry), not at a notary (2644 sayılı Tapu Kanunu md. 26 — mevzuat.gov.tr).

Important note: The rules described here reflect the legislation in force on the publication date of this article, and rules can change. Whether they cover your own purchase is a question for a Turkish lawyer.

Below, we look at why summer can hide problems, what counts as a hidden defect, how notice and deadlines work, and which checks to make before and after buying.

In this article

• Why Can a Summer Viewing Hide So Much?
• What Counts as a Hidden Defect?
• What Must You Do When a Hidden Problem Appears?
• How Long Does a Building-Defect Claim Stay Open?
• Can a Contract Clause Remove the Seller’s Responsibility?
• What Should You Check Before You Buy?
• What Should You Do After Heavy Rain, and Who Can Help From Abroad?
• Conclusion

Why Can a Summer Viewing Hide So Much?

The Mediterranean climate generally brings its rain in the cooler months, while the summer holiday season is dry. Local weather records will confirm the pattern for your area. A summer viewing therefore takes place when the weather is least likely to expose a weakness.

A dry-season visit cannot fully test several things:

• Roofs and top-floor ceilings, which only show stains after water has actually reached them.
• Balconies and terraces, where pooling or poor slopes toward the drains are hard to see on dry stone.
• Drainage points, which look fine until they have to carry real volumes of water.
• Window and door seals, which may only fail under driving rain.
• Walls behind furniture or fresh paint, where damp can be covered up.

This does not mean sellers hide anything. A dry apartment in July is often just a dry apartment. Many buyers can only travel in summer, and that is perfectly normal. A viewing after rain is a practical option, not a rule, and the checklist below offers alternatives.

What Counts as a Hidden Defect?

A hidden defect is a problem that an ordinary look-over would not reveal when you take over the property. A hairline crack you can see on the day is one thing. A leak that only appears in a winter storm is another.

The same summary says the seller is liable for defects such as damp and cracks even if the seller did not know about them (Taşınmaz Satışında Ayıptan Sorumluluk: Konuttaki Gizli Kusurlar TBK…). Treat this as a guide to the general approach, not a final statement of the law.

None of this suggests that damp is common in any particular building. It only describes how the law treats such problems if they turn up. Whether a specific problem counts as a hidden defect is something a Turkish lawyer should confirm for your case.

What Must You Do When a Hidden Problem Appears?

The statute sets out the buyer’s general duty. You inspect what you have received as soon as that is practicable in the ordinary course of things, and you report any visible defect to the seller within a suitable time. The hidden-defect rule covers what an ordinary inspection could not reveal. If you discover such a defect later, you must report it immediately. If you do not, the property is treated as accepted with that defect.

The provision, as summarised here, does not give a set number of days for “immediately” or “a suitable time”. Nor does this article cover what follows once notice is given, because that depends on the facts of each case.

A simple habit helps, especially if you live abroad:

• Photograph the problem and keep the dated images.
• Keep every message exchanged about it.
• Contact a Turkish lawyer promptly about how to give notice in the correct form.

How Long Does a Building-Defect Claim Stay Open?

Under the statute, claims arising from a defective building expire 5 years from the transfer of ownership. The longer period is narrower. Claims expire after 20 years only where the seller was grossly at fault. Do not read it as an easy extension.

Keep the two rules separate. The limitation period is a time limit on bringing claims, while the notice duty described above applies once you discover a hidden defect. A Turkish lawyer should confirm which date counts as the transfer of ownership in your purchase.

The statute also says the rules for the sale of movable goods apply to property sales by analogy. How that works in your situation is, again, a question for your lawyer.

Can a Contract Clause Remove the Seller’s Responsibility?

According to a legal summary, agreements that remove the seller’s liability are void where the seller hid the defect through gross fault or fraud.

Contracts sometimes include “as is, seen and liked” wording. A dated example gives some context. In a General Assembly ruling of 21 December 2021, the Court of Cassation (Turkey’s highest appeals court for civil cases) held that such a clause does not remove a seller’s liability for hidden defects. That ruling is an older source and concerned the sale of a vehicle, not a property, so it can only serve as an analogy.

This article does not say whether such a clause is valid or void in a property sale. How the ruling applies is a question for a Turkish lawyer, and the current position should be confirmed with them. Read every “as seen” wording in a draft contract together with your lawyer before you sign.

What Should You Check Before You Buy?

Begin with a systematic inspection for defects. Walk through the property with this list:

• Ceilings and corners, especially on the top floor.
• Balcony and terrace floors, and where they drain.
• Window and door seals.
• Bathroom and kitchen walls.
• Drainage points.
• The roof, or the ceilings directly below it.

If you can only visit in summer, these ideas can partly make up for it. They are suggestions, not guarantees:

• Ask for repair and maintenance records.
• Speak to the building manager and the neighbours.
• Ask for photos taken in the rainy season.
• Arrange a return visit after rain, or have someone view on your behalf, such as an independent surveyor or a representative.

Building records are also worth requesting because they may show past repairs. By law, the owners’ meeting is held at least once a year. Unless the management plan sets another time, it takes place in the first month of the calendar year. The manager reports on the accounts on the same basis (634 sayılı Kat Mülkiyeti Kanunu md. 29 ve 39 — mevzuat.gov.tr). Check service charges in the same records, because an owner who does not pay a share owes late-payment compensation at 5% per month.

Then check the paperwork:

• Occupancy permit. This is the permission to use a building, issued by the authority that granted the construction licence. Buildings without it are not connected to electricity, water and sewage services, apart from units that hold the permit (3194 sayılı İmar Kanunu md. 30 ve 31 — mevzuat.gov.tr). The permit is also the basis for converting a building project’s title into individual apartment ownership.
• Official deed. The sale is made by official deed at the title deed office. Only a promise-to-sell contract can be drawn up at a notary.
• Property tax debt. The title deed office checks the property tax debt at transfer, with exceptions for cases such as inheritance and court orders (1319 sayılı Emlak Vergisi Kanunu md. 30 sekizinci fıkra).

Involve a Turkish lawyer and an independent surveyor before you sign any contract, not after. Confirm any other permits or fees with the relevant official authority.

What Should You Do After Heavy Rain, and Who Can Help From Abroad?

After heavy rain, take a few minutes to check:

• Ceilings and corners.
• Balcony doors and window frames.
• Drains.

If you are abroad, ask the building manager or a trusted contact to look and send dated photos.

Record any problem straight away with dated photos, short notes and messages. If a defect appears that an ordinary look-over could not have revealed, you must report it immediately. Contact a Turkish lawyer promptly about the correct way to notify the seller.

The limitation period for building-defect claims runs from the transfer of ownership. So keep every record of the purchase and of each check in one place.

Buying with the weather and the law in mind is easier with professional advisory support, from the viewing stage through the pre-contract checks.

Conclusion

A summer viewing shows you a dry apartment. Because rain tends to fall in the cooler months, some defects may only appear after you own the property.

The rules are simple to state. You must report a hidden defect immediately once you find it. Building-defect claims expire 5 years from the transfer of ownership, or 20 years with the seller’s gross fault. The sale is made at the title deed office.

In practice, check what you can before buying, keep records, and consider a rainy-day return visit or someone viewing on your behalf.

If you are considering an Antalya purchase, contact WinWin Real Estate Club to talk through it and what to check before signing. Finally, confirm the details of your own case with a Turkish lawyer.

Frequently Asked Questions

Is the seller responsible for damp or cracks they did not know about?

Yes, according to a single legal summary, the defect rules for property sales start at Article 219 of the Turkish Code of Obligations, and the seller is liable for defects such as damp and cracks even without knowing of them. Because this rests on one source, whether a particular problem qualifies is best confirmed with a Turkish lawyer.

When does a hidden defect have to be reported to the seller?

Under the legislation in force on the article’s publication date, a hidden defect that an ordinary inspection could not reveal must be reported immediately once discovered, and the buyer who stays silent is treated as having accepted the property with that defect. Dated photos and saved messages help show when the problem came to light, and a Turkish lawyer can advise on the right way to give notice.

How long can a building-defect claim be brought?

Under the legislation in force on the article’s publication date, claims arising from a defective building expire 5 years after ownership passes, or 20 years if the seller was grossly at fault. Because the period starts at the transfer, keeping all purchase records in one place is practical, and a Turkish lawyer can confirm which date counts in a specific purchase.

Does an “as is, seen and liked” clause remove the seller’s liability?

No, not automatically. In a General Assembly ruling dated 21 December 2021, which concerned a vehicle sale, the Court of Cassation held that such a clause does not end liability for hidden defects. That is an older source and applies to property only by analogy, so the current position should be confirmed with a Turkish lawyer.

How can a buyer living abroad check a property for damp before buying?

A viewing after rain is the most direct test, and someone can attend on the buyer’s behalf, such as an independent surveyor or a trusted representative. Repair and maintenance records, rainy-season photos and conversations with the building manager and neighbours add further context. None of these gives a guarantee, so a Turkish lawyer’s review before signing is advisable.