Liability for Construction Defects and Deficient Maintenance

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Article 69 of the Turkish Code of Obligations holds the owner liable for damage caused by construction defects or deficient maintenance of buildings and other structures. Liability is not determined solely by who owned the structure when it was built; the structure causing the damage and relevant legal capacities must be investigated in the particular case.

Defects, Deficiencies, and Causation

The injured person must establish the connection between the construction defect or deficient maintenance and the loss. Proof of the owner's personal fault is not a general condition of this liability. Accordingly, the owner's statement that they were unaware of the defect does not alone remove liability where the statutory conditions are met.

Holders of usufruct and habitation rights may be jointly and severally liable with the owner for damage arising from deficient maintenance. The law regulates their liability in relation to maintenance deficiency; it must not be generalised in the same way to construction defects. Liable persons retain their rights of recourse against contractors or others liable to them.

Even before damage occurs, a person exposed to danger may require the relevant right holders to take necessary measures under Article 70 of the Turkish Code of Obligations. This preventive request differs from compensation for an existing loss. Factors such as an earthquake, third-party intervention, or the injured person's conduct must be separately assessed concerning causation and the scope of compensation.

Source

Turkish Code of Obligations No. 6098, Articles 69–70.

This article has been prepared for general legal information purposes.