The construction projects in return for independent units that have increased in Fethiye in recent years offer landowners serious opportunities, but they also bring significant legal risks with them. A construction contract in return for independent units is not only a division of ownership; it is at the same time a technical and legal undertaking that determines the quality of the living spaces to be delivered in the future.
In practice I see that many landowners focus only on clauses such as the share ratios and the delivery period, while giving too little weight to the technical specification, which determines the “real content” of the project. Yet in these contracts the technical specification is the landowner’s strongest legal safeguard.
In many projects carried out in Fethiye we see general expressions such as “first-class materials will be used” added to the contracts. In legal terms, however, this expression is extremely vague. The concept of “first class” may vary according to the brand, the manufacturer and even the cost preference of the contractor. This leads to serious differences, particularly at the delivery stage, between the expectations of landowners and the building that actually appears.
For this reason, the technical specification must clearly state:
- the brands and models to be used,
- the product ranges,
- and, where possible, even the colours and codes.
Otherwise, in a dispute the court expert is obliged to make the assessment of “conformity” according to abstract criteria, and this may produce a result against the landowner.
A large part of the disputes that come to me in Fethiye takes shape around the argument “is this incomplete work or defective work?” At this point the technical specification functions almost as a reference document. If the specification is not detailed, the contractor can often raise the defence: “I completed the work in accordance with the contract.” Where there is a detailed technical specification, however, incomplete work is easily identified and defective work is clearly established. The landowner’s claim for compensation is strengthened.
In a region with high tourism value such as Fethiye, the value of a building is not limited to the features inside the flat. The following elements directly affect the market value of the property:
- Landscaping and garden arrangement
- Car park capacity and layout
- Lift brand and capacity
- External facade insulation system
- Swimming pool and communal areas
In practice, however, we see that the technical details of these areas are often not included in the specification. After the project is completed, this gap may result in projects that fall short of expectations, a loss of value and long-running disputes.
In court proceedings the most fundamental question of the court is this:
“What did the parties agree upon?”
The answer to this question is most often found between the lines of the technical specification. A specification prepared in detail:
- speeds up the process of proof,
- clarifies the examination by the court expert,
- shortens the duration of the case.
A vague specification, by contrast, may lead to declaratory actions that last for years, to repeated expert reports and to serious losses of rights.
My most important advice to landowners planning to make a construction contract in return for independent units is this: treat the technical specification not as a “supplementary document” to the contract but as a legal text as important as the contract itself. Leave no room for any vague expression. Put every detail in writing. Obtain technical and legal support.
It should not be forgotten that a well-prepared technical specification is the guarantee not only of good construction but also of strong legal protection.
This article has been prepared for general information purposes and does not have the character of legal advice; you may contact me for a detailed assessment of your particular case and for professional legal support.
