Construction contracts in return for land share are contracts made between the land owner and the contractor, which stipulate construction in return for a certain share of the land. Cancellation or termination of such contracts may arise for various reasons.
Reasons for Cancellation
A construction contract in return for land share can be canceled in cases where one of the parties is incapable of entering into a contract (for example, under age) or lack of will (such as mistake, fraud or deception). The party who learns the reason for cancellation must take this situation to court and file an annulment lawsuit. In this process, it is important to act accompanied by a lawyer in order to prevent loss of rights.
Termination Without Reason
In accordance with Article 369 of the Code of Obligations, the business owner (usually the land owner) can terminate the contract unilaterally without giving any reason, by paying the cost of the work done before the construction is completed and by compensating the contractor (contractor) for its damages.
Termination for Just Causes
Parties also have the right to terminate for justified reasons. In particular, the contractor's failure to complete the work on time gives the land owner the right to terminate the contract based on the Code of Obligations. If the construction cannot be completed within the period specified in the contract, no prior notice is required. However, the fact that the construction has been largely completed and there is very little work left can be considered as an abuse of the right of termination, and in this case, the land owner must accept the work. If it is understood that it is not possible to complete the remaining part of the construction within the specified time, termination may be made without waiting for the end of the period. Termination can be carried out unilaterally without the consent of the contractor, but if the contractor claims that the contract continues, the court may have to decide on this issue. The court will decide whether the termination is justified or unfair, and the plaintiff's compensation claims will be met according to the determined principles.
In both cases, it is of great importance to receive legal support during the cancellation or termination process and to manage the processes correctly.
What to Do in Case of Nonconformance with the Project and Illegal Construction
Buildings that do not comply with the construction license and zoning legislation fall into the category of non-compliance with the project and illegal construction. This type of construction; They cannot obtain a residence permit due to situations such as exceeding the gauge, building a balcony that is not in the project, adding an unauthorized floor, or overflowing onto a neighboring land. According to the Zoning Law, every construction must be carried out in accordance with the license.
Illegal Construction and Demolition of Unlicensed Buildings
Demolition of illegal and unlicensed buildings is a procedure required by law. These structures cannot be considered as legal and economic entities. If there are illegal floors or parts that do not comply with the project in the building, the court first requests a renovation project to determine whether the construction can be made compatible with the project or decides to demolish the illegal part. If it is possible to make the construction legal, the contractor is given time for this work. For structures that cannot be brought into compliance with the law, the land owner has the right to terminate the contract.
Obligations and Rights Regarding Illegal Buildings
The contractor is not deemed to have fulfilled his obligations due to illegally constructed buildings. Since these buildings do not add economic value to the land owner, the contractor cannot claim any rights from the land owner. In case of termination of the contract, the title deeds previously given to the contractor must be returned. People who own title deeds are also obliged to return the title deed to the land owner and cannot claim the price they paid from the contractor.
Compensation and Compensation for Damages
The land owner cannot claim compensation for incomplete or defective work done by the contractor. However, it may claim compensation for damages such as loss of rent arising from construction delays. If the land owner has consented to illegal construction, he is deemed to have accepted the resulting damage and requests for legalization of the construction or delay compensation are rejected. In this case, the damage must be shared by the parties.
In cases of illegal and illegal construction, there are various legal obligations and rights for both the contractor and the land owner. Managing such situations requires detailed legal advice and it is important to act carefully to protect the rights of the parties.