This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Ayıplı Konut ve Müteahhidin Sorumluluğu.
Liability for defects in a home is five years as a rule; where the defect was concealed by gross fault or deception, the period extends to twenty years. Apparent defects must be notified within a reasonable time after delivery, latent defects as soon as they emerge. Without notice, the defect is treated as accepted — which is why the first step is always a written notice of defect.
You buy a new flat. In the first winter, damp appears on a wall, the bathroom leaks, the heating underperforms. The developer first says "it's the moisture of a new building", then stops answering the phone. This is defective performance, and the seller is liable for it.
What Counts as a Defect
A defect is the absence of a quality agreed in the contract, or unfitness for the intended use. The most common in housing are:
- Water and damp problems: roof leaks, seepage through retaining walls, failed bathroom or kitchen waterproofing
- Thermal and acoustic insulation not built to the approved design
- Shortfall in floor area, or construction differing from the design
- Common areas not delivered as promised in the project
- Poor materials, or departure from the brands specified in the contract
- No occupancy permit obtained
Defects divide in two. An apparent defect is visible on delivery. A latent defect emerges later, in use. Damp, insulation and floor problems are usually latent — and that distinction drives the time limits.
When to Give Notice
Apparent defects must be identified on inspection at delivery and notified to the seller within a reasonable time. Without notice, the home may be treated as accepted.
For latent defects, notice runs from the date the defect is discovered.
Always give notice in writing. A notarised warning notice is strongest; e-mail or registered post with acknowledgement will also serve. A telephone call cannot be proved.
Alongside the notice: record the defects with dated photographs and video, and if possible obtain a preservation of evidence order. Once the developer carries out repairs, the trace of the defect is gone and proof becomes very difficult.
The Time Limits
Liability for defects in housing is five years as a rule, running from the date of delivery — not from the date of the contract.
There is one important extension: where the seller concealed the defect by gross fault, they cannot rely on the five-year limit, and the twenty-year general limitation period applies instead.
An allegation of concealment by gross fault is strengthened by documenting construction that departs from the approved design. Ask the court to obtain the building permit, the approved project and the occupancy permit, so that what was built can be compared with what was promised.
| Situation | Period | Note |
|---|---|---|
| Apparent defect | Notice within a reasonable time after delivery | Visible shortcomings |
| Latent defect | Notice immediately on discovery | Waterproofing, structural system and similar |
| General liability period | 5 years | TBK art. 244 and consumer legislation |
| Defect concealed by gross fault or deception | 20 years | The seller cannot rely on the limit |
| Defects in common areas | Same periods | Claimed by the owners' assembly or the manager |
Giving notice through a notary or by registered post matters, because the date must be provable.
Which Remedy to Choose
The buyer has alternative remedies: rescission of the contract, reduction in price, free repair and, where the conditions are met, replacement with a defect-free equivalent. Damages arising from the defect may also be claimed.
In housing, the two useful remedies in practice are reduction in price and free repair. Rescission requires the home to be handed back, which is rarely what the buyer wants; and where the defect is minor, rescission is refused.
The amount of the price reduction is fixed by expert examination. For that reason the claim is best framed as a partial claim, reserving the right to increase it.
Who to Sue
The chain of liability is wide: seller, producer and importer are jointly liable. If you bought from the developer, they are your counterparty; if you bought second-hand, the defect provisions run against your seller, and the position against the developer needs separate assessment.
Where the seller is a developer or company acting commercially, the dispute is heard in the consumer court; below the monetary threshold, application is first made to the consumer arbitration committee. Where the seller is also a consumer, the action goes to the civil court of first instance.
Disputes arising from construction-in-return-for-land agreements work differently; there the contract between the landowner and the developer governs.
Defects in Common Areas
Defects in the roof, façade, lift, car park and shelter are not one owner's problem. The claim may be brought by resolution of the owners' assembly through the management, or by individual owners separately.
Preservation of evidence matters even more here, because once repairs are done the source of the fault is very hard to demonstrate. A resolution of the owners' assembly to seek preservation of evidence from the court is the soundest first step.
Once the developer starts work, the trace of the defect disappears and proof becomes nearly impossible. Give notice in writing, record the defects with dated photographs and video, and if possible obtain preservation of evidence from a notary or the court. The five-year period runs from the date of delivery.
Frequently Asked Questions
How long is the liability period for a defective home?
Five years from the date of delivery as a rule. If the seller concealed the defect by gross fault they cannot rely on that limit, and the twenty-year general period applies.
When must I give notice?
Apparent defects on inspection at delivery, within a reasonable time; latent defects from the date you discover them. Always in writing.
Which remedy should I claim?
If you are staying in the home, usually a reduction in price or free repair. Rescission requires handing the property back and is refused where the defect is minor.
Which court?
The consumer court where the seller acts commercially; below the monetary threshold, the consumer arbitration committee first.
What about a defect in a common area?
It is claimed by resolution of the owners' assembly through the management, or by owners individually. Preserving the evidence before any repair is decisive.