Contractor Liability Arising from Failure to Obtain an Occupancy Permit

PUBLICATION

Contractor Liability Arising from Failure to Obtain an Occupancy Permit

Examines the contractor's legal liability toward the landowner and third parties when an occupancy permit is not secured after construction is completed. Discusses compensation claims, defective performance, and rescission rights under Turkish Court of Cassation precedent.

BY CT LEGAL EDITORIAL
ALL PUBLICATIONS

Placeholder content. A contractor's failure to obtain the occupancy permit after delivery exposes both the landowner and end-purchasers to material legal risk.

Defective Performance and Compensation

Placeholder paragraph on how the absence of an occupancy permit is treated as defective performance under construction-in-return-for-flat agreements.

Placeholder paragraph on the calculation of compensation, including diminished value and loss of use.

Rescission and Court of Cassation Precedent

Placeholder paragraph on the conditions for rescinding the agreement and recent Court of Cassation decisions setting the prevailing approach.