Real Estate Law is an important field within the sections of Property Law, which constitutes a part of Civil Law; it is a branch of law that closely concerns almost every segment of the society. Real Estate Law, which is regulated for immovables such as house, land, office, shop, field, which are the subjects of real estate law, aims to eliminate illegal situations with the help of a real estate law expert due to its structure that can be expressed as detailed and complex. The right to property, which forms the basis of Real Estate Law, is recognized and protected by the Turkish Constitution and the European Convention on Human Rights.

– Zoning applications, examination of official permits and presentation of the results obtained in the form of a report

– Following the administrative processes related to zoning plan amendments and applying to the judiciary for annulment when necessary

– Examining the administrative and judicial lawsuits filed and still pending regarding the immovable property to be invested in, the precautionary injunctions and attachments and encumbrances        issued in relation to these lawsuits, determining the legal nature and identifying and reporting the legal risks

– Preparation and/or revision of sales contracts, revenue sharing models

– Carrying out registration and inspection procedures before the land registry and cadastre directorates and municipalities and determining the values of real estates

– Preparation of contracts for real estate sales promises, construction in return for flats and other real estate works

– Drafting lease agreements and managing them during the validity period, terminating the agreement when necessary

– Providing legal consultancy services in mass housing projects, cooperatives, condominium formation and loan transactions

– Providing consultancy services on real estate finance

– Preparation of title deed cancellation and registration lawsuits and representation of the parties in the litigation process

– Preparation of lawsuits for prevention of intervention and prevention of seizure and representation of the parties in the litigation process

– Preparation of shuf’a, pre-emption lawsuits and representation of the parties

– Representation of the parties in the cases of muris muvazza and the abduction of property from the heir

– Representation of the parties in expropriation and compensation cases

Businesses and companies are established and operate legally. However, we see that the legal structures of some of them are much more successful and they face fewer risks. Based on the fact that one of the main factors that ensure this success is “preventive law”, as BİRBEY, we seek the answer to the question of how to get rid of possible disputes that may arise in the future together with our solution partners, and in this context, we advise our solution partners.

Why do we attach importance to preventive legal services?

  Most transactions involving businesses, companies and investors involve at least one branch of law and carry potential legal and commercial risks. Based on this, with the measures to be taken, it is the business itself that controls and wins at the end of the day. Financial losses such as high litigation costs, compensation applications and emotional weaknesses arising from uncertainties and fights in the litigation process will be prevented.

  With proper contract management, contractual responsibilities and obligations can be limited. The continuity of the commercial relationship will be ensured rather than focusing on disputes.

Which services do we provide within the scope of preventive law?

– Conducting legal risk analysis and legal compliance audits within the framework of the structure, operations, relationship with employees, contracts concluded, licenses, intellectual property rights and similar issues of the business, company and investor

– Identifying and taking action to prevent or mitigate legal risks. Supporting the establishment of a contract management system that aims to increase the operational and financial performance of the business and reduce risks

– Drafting successful and well-functioning contracts, taking into account potential disputes