Flat for Construction

Nova Group

Flat for Construction

Construction right in return for housekeeping services or construction contracts in return for land share have become widespread with the increase in urban transformation . As Nova Yapı, we provide the most accurate valuation of existing areas within the scope of " Construction for Flat" service.

Construction right in return for flat is commonly applied in cases where there is a land problem.

In case of construction in return for flat; He gives a certain land share to the construction company in return for the land share and the customer buys an apartment in return for the land. Since there will be no demolition work in the construction contract in return for flat, the construction can be completed in a shorter time. Construction right in return for flat can be applied if the building or land has a zoning permit . Relevant municipalities can control all these permits. If there is no permit, there is the option of obtaining permission by applying to the municipalities. Nova Yapı controls the zoning permits of the construction contract in return for land share or floor services.

What is a Flat for Construction Contract?

Today, the development of the construction industry, urban transformation debates and zoning problems bring many legal problems that need to be resolved. The enactment of Law No. 6306 on Conversion of Areas at Risk of Disaster has raised the concerns of many landowners. Due to the implementation of the relevant law; Construction contracts in return for flat began to be signed between contractors and land owners. Although there is a general belief that the land owners are the weak side of the contract in practice, the backbone of the construction contracts in return for the flat is actually the land owners. Considering the disputes brought to the judiciary, it is seen that the reason for this is mostly due to the fact that the details of the Construction Contract for Flats are not known.

It is important for the parties to have sufficient information about the possible problems and solutions they may encounter in construction contracts in order to protect their mutual rights.

Before the construction contract in return for flat, it is necessary to know the answer to the question “ What is a Construction Contract for Land Share or Flat for Flat?”.

Flat for Construction Contracts ; The owner of the land agrees to transfer some of his shares to the contractor with common consent in return for constructing a building on the land with its own materials and facilities.

Validity condition; According to the legislation, the construction contract in return for flat is valid if it is made officially by the land registry directorate or notary public. Otherwise, the contract does not represent a legal value. If the parties make the construction contract in return for flat only in the form of approval or a written contract, the contract will be invalid and will not bind the parties. After this legal arrangement, the parties can be brought to the judiciary due to disputes. That is, in cases where the parties are held responsible for violating the terms of the contract; He can avoid liability by claiming that the contract is invalid because it was not made at the notary public or the land registry office. For this reason, the first thing that the land owners who will sign a construction contract in return for flat should pay attention to is; It should be whether the contract is officially signed at the notary public or the land registry office. Because; Construction contracts in return for flat that are not formalized shall not constitute any provision before the judiciary.

Example of Construction Contract in return for Flat

PROMISE TO SALE AND CONSTRUCTION AGREEMENT FOR LAND SHARE

Article 1: Parties to the Agreement

This contract has been concluded between ………………….. (land owner) on one side and ………….. (contractor) on the other side, under the conditions written below.

Article 2: Information on the Parties

Address of the land owner:

Phone Number :

Contractor's Address :

Phone Number :

The parties have accepted the above-mentioned addresses as the notification address. Unless the address changes are notified in writing and duly to the other party, the notification to the last notified address shall be deemed to have been made to the relevant party.

Article 3: Subject of the Agreement

The subject of this contract is; …………. Province, ……………… district, ………………….. registered with the nature of land in … map, …… island, …… parcel of the title and title …. It is related to the turnkey construction of a residential building consisting of ground + 5 (five) normal floors and a total of 12 (twelve) flats, with two flats on each floor, on the immovable property, in return for land share.

Article 4: Nature of Construction

The housing construction, which is the subject of this contract, will be constructed as reinforced concrete carcass, in accordance with the attached technical specifications.

Article 5: Value of the Contract

In accordance with this contract, the contractor's low price for the construction to be done; If it is a land share attached to independent sections and shown as a basis for the notary public's fee, it is not the sale price.

Since this price, which is the share of the land, is a lump sum; contractor, increase in material and worker wages after the signing of the contract, etc. cannot make a claim for such reasons.

Article 6: Transfer Prohibition

The Contractor cannot transfer all or part of its commitment arising from this contract to another person without the written consent of the land owner.

Article 7: Sharing Rate

The parties have accepted the share rate of the land shares attached to the independent sections as 50% (fifty percent).

As shown in the attached sketch signed by the parties; All flats to the left of the main entrance (1,3,5,7,9, and 11) will belong to the land owner and all the flats to the right of the main entrance (flats 2,4,6,8,10 and 12) will belong to the contractor.

Article 8: Costs, Taxes, Duties and Charges

Within the period from the signing of the contract to the delivery of the building with the occupancy permit; Material and labor costs to be paid, contract, project, title deed and building inspection expenses, tax insurance premiums, all fees, electricity, water, natural gas and sewerage network and participation fees and connection fees belong to the contractor.

Article 9: Licenses

Obligation and expenses of preparing the necessary projects, having them approved by the relevant authorities, obtaining the construction and occupancy licenses, provided that they obtain the opinion and written approval of the land owner, belong to the contractor. The duration of these transactions is included in the contract period.

Article 10: Delivery of the Land

The land on which the construction will be done will be delivered to the contractor with a report, empty and ready for construction, within 7 calendar days following the signing of the contract.

Article 11: Duration of the Contract

The duration of the contract is 24 months at the latest from the delivery of the land. The Contractor shall deliver the house to be built to the land owner, provided that the landscaping has been done and the occupancy permit has been obtained, provided that this period does not exceed.

Article 12: Audit

The land owner can supervise the construction at every stage through the building inspector. The contractor cannot prevent the land owner from using this right. It has to provide all kinds of facilities for inspection.

Article 13: Compensation for Delay and Penalty for Delay

If the Contractor does not deliver the construction by the date specified in Article 11, he/she shall pay the delay compensation for each flat and the current rental price for each month, as well as a delay penalty of 1,000 TL for each flat and for each month, as of the end of this definite period. undertakes to accept.

Land owner; While receiving the construction, it is not obliged to make a reservation (reservation) in terms of delay penalty.

Article 14: Sales Authorization of the Contractor

The land owner shall authorize the sale of the flats falling to the contractor in accordance with the contract, in the following order.

-A flat when the attic concrete is poured,

-A circle when the walls are built and the roof is closed,

-A flat after the cladding of the facade, the installation of wooden joinery and kitchen cabinets, and the unpolished of the room parquets,

-The remaining flats after the landscaping is done, the elevator is operational, the occupancy license is obtained, the property is taken over and the turnkey is completed.

- The land owner, upon the request of the contractor, has to sell the relevant flat within 10 calendar days by giving a power of attorney or by being present in person at the relevant land registry office.

Article 15: Gains Related to Zoning Changes

After the contract, the flats on the extra floors to be acquired due to the zoning change will also be shared between the parties, at the rate (50%) in this contract.

Article 16: Extension of Time

An extension of time is granted in the following cases and is counted from the contract period:

-The implementation of legislation such as laws, decrees and regulations that entered into force after the contract date delays the execution of the work,

-The work is stopped by the land owner for reasons not caused by the contractor,

-Existence of excess and non-contractual work,

-Delivery of the place by the land owner late,

- Late transfer of title deeds specified in article 14 during the construction phases,

-Force majeure situations.

Article 17: Force Majeure Circumstances

- Force majeure situations that require time extension are as follows:

-Natural disasters,

-Legal Strikes,

-General epidemic diseases,

-Declaration of partial and general mobilization.

In order for a situation to be considered force majeure, it must not have originated from the contractor, must have a quality to prevent performance and the contractor must not have been able to remove this obstacle.

Article 18: Warranty

The Contractor agrees and undertakes to rectify all kinds of obvious and hidden defects in the works undertaken in accordance with this contract for 5 years from delivery, and 20 years in case of serious fault, without any notice condition and free of charge.

Article 19: Annotation on Deed

This contract shall be annotated in the land registry upon the request of one of the parties.

Article 20: Place of Settlement of Disputes

In the resolution of all disputes that may arise from this contract; The powers of courts and enforcement offices by place will be determined according to the provisions of the HMK on jurisdiction.

Technical specifications

1-The building will be constructed as a reinforced concrete carcass in accordance with its approved project.

2-The exterior will be covered with marble up to 110 cm high from the ground and the top will be sheathing; The open areas on the terrace floor will also be synchronized.

3-Ankara stone will be laid from the building entrance to the road; There will be a wooden swing door at the entrance and locked mailboxes will be placed on the wall.

4- Stair railings and handrails will be from the ground floor to the top floor; In addition, railings will be made on the balconies and terraces of the apartments.

5-The roof of the building will be covered with used solid timber, the bottom of the tiles will be covered with continuous wood, 1st class ruberoid with 5 cm overlap will be laid, and TSE certified tile will be used on top.

6-The roof will be heat and water insulated in accordance with the architectural project; The roof cover will be made of zinc plated and a fixed wooden ladder will be placed at the roof exit.

7-Vertical rain pipes will be connected to balcony water drains with PVC pipes of suitable diameter, again according to the project.

8-The living room, rooms, kitchen and corridors will be completely plastered; A curtain tape will be applied to the windowsills and a chimney will be built in the kitchen and a room.

9-Apartment rooms and living room will have laminate flooring; doors and windows will also be made of first class knotless timber. ………… brand locks will be used on the doors; All windows and balcony doors will be tempered glass.

10-Television and telephone in the living room, rooms and kitchen, and telephone installation in the entrance; 4 sockets and 2 lighting installations in the hall; There will be 2 sockets and one lighting installation in the rooms, and 2 sockets and lighting devices on the balconies and terrace.

11-TSE certified faucets will be used in kitchens, bathrooms and toilets; wet floors will be covered with ceramic tiles; bathrooms and toilets will be ceramic from floor to ceiling.

12-The building will be constructed with floor heating and combi boiler in accordance with the approved natural gas project; heating radiators, combi boilers and inlet-outlet valves ………. It will be branded.

13- TSE certified blue or gray pipes will be used in the clean water installation of the building; sewage pipes will also be ………….… brands.

14- All electrical installations of the building will be made in accordance with its approved project; TSE certified cables and devices will be used.

15-Electric hours contractor; water and natural gas clocks will also be installed by the flat owners; Subscriptions will be made by the flat owners.

16-Parking and landscaping will be in accordance with the approved landscaping project; The outer surfaces of the garden walls will be covered with Ankara stone and perforated decorative iron bars will be placed on them.

17-Parties accept this technical specification as an annex to the contract.