The construction contract for the floor is concluded between the owner of a land plot and a construction firm. In our article, we will examine what needs to be known about the construction contract for the floor.
A construction contract for floors is a type of contract concluded between a landowner and a construction firm or contractor. It allows the owner of the plot to settle with a contractor to build a structure on his own plot.
The owner of the plot gives his plot to the construction firm or contractor, and in return receives the right to a certain floor (share of the plot) as a result of the completion of construction. That is, the owner of the plot will have part (floor) of the structure to be built. The Conflict establishes the rights and responsibilities between the parties and helps the construction to proceed in an orderly and appropriate manner.
What is Construction for Floor?
A construction contract for floors is defined as an agreement whereby one of the parties is the owner of a land plot and the other is a construction firm or contractor. In this method, the construction firm or contractor builds a building or structure on the plot of the owner of the plot. During the construction process, the party undertaking costs and works becomes the construction firm or contractor, while the land owner owns a certain floor of the building to be built. The right to floor does not give the owner of the plot the right of ownership but gives him the right to use a certain part of the property.
A construction contract for floors can be a source of income for land owners and a business opportunity for construction firms. Thanks to this, the owner of the land can generate income without using his plot, while the construction firm or contractor also receives a profit by completing the construction.
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How to Make a Construction Contract for Floor, What are the Terms?
The Conflict determines the details of construction, duration, cost, and rights of the parties. The conclusion of the construction contract for the floor and the important requirements contained in it are:
- Tarafların Tanımlanması: Sözleşme başlangıcında tarafların, yani arsa sahibi ile inşaat firması veya müteahhitin kimlik bilgileri ve yetki durumları açıkça belirtilmelidir.
- Projenin Tanımı: Akitte inşa edilecek yapının ayrıntılı bir tanımı yapılır. Bu tanım; bina tipi, büyüklük, oda sayısı, kullanım amacı, teknik özellikler ve diğer önemli detayları içerir.
- İnşaat Süresi: Sözleşme, inşaatın başlama ve bitiş tarihlerini belirler. İnşaatın ne kadar süreceği ve hangi aşamalardan geçeceği açıkça belirtilmelidir.
- Maliyet ve Ödeme Şartları: Akitte inşaatın toplam maliyeti ve ödeme şartları yazar. Peşinat miktarı, aşama aşama ödemelerin miktarı ve vadesi gibi detaylar bu kısımda yer alır. Ödeme planı, taraflar arasında mutabakat sağlanarak belirlenir.
- Kat Payı Belirlemesi: Sözleşmeyle arsa sahibinin inşaatın tamamlanmasının ardından elde edeceği kat (arsa payı) oranı belirlenir. Bu oran; genellikle arsa büyüklüğüne, inşaatın büyüklüğüne ve diğer faktörlere bağlı olarak hesaplanır.
- İşin Teslimi: Kat karşılığı inşaat sözleşmesinde, inşaatın tamamlanmasının ardından yapının teslimi ve taşınma süreci belirtilir. Bu akit; teslimat şartları, eksikliklerin düzeltilmesi, tadilat işleri ve işin tamamlandığına dair resmî belgelerin verilmesi gibi unsurları içerir.
- Garanti ve Sorumluluklar: Akit, inşaat firmasının veya müteahhidin yapının kalitesini ve işçilik garantilerini belirtir. Ayrıca tarafların sorumlulukları, değişiklik talepleri, ek maliyetler de akitte yer alır. Taraflar arasında anlaşmazlık durumlarında devreye girecek çözüm mekanizmaları da akitte bulunması gereken hususlardan biridir.
Application Forms of Construction Contract for Land Share
Application patterns may vary according to the agreement between the land owner and the construction firm or contractor and the requirements of the project. The details of the agreement are important for the parties to mutually reconciled and have legal validity. The main forms of application are listed below:
Tüm Arsanın Müteahhide Devredilmesi
In construction contract applications for floors, there may also be a case of transfer of the entire land to the contractor. In this case, the owner of the plot completely hands over the plot to the contractor, and the contractor performs his own project on the plot.
The contractor performs his own project on the plot. The project includes the type, size, characteristics, and other details of the structure to be built. The owner of the plot receives a certain share of the plot in return. Thanks to this share given to him when the construction is completed, the owner of the land acquires the right of ownership on the floor or floor he owns.
Belli Bir Arsa Payının Müteahhide Devredilmesi
A construction contract is also a widely used form of practice in exchange for the share of land in which a certain share of land is transferred to the contractor. In this case, the owner of the land transfer a certain share of the plot to the contractor, and the contractor has the right to conduct construction on this share of land.
There is a certain amount of share of the plot, which is agreed between the owner of the land and the contractor. This amount is clearly indicated in the contractor, and the contractor carries out its construction on this plot share. The owner of the plot acquires the share of the transferred land and acquires the right to ownership according to this share. The contractor, on the other hand, carries out its own construction and, when the construction is completed, has other shares of land in its ownership.
Arsa Payının İnşaattaki Aşamaya Göre Devredilmesi
In construction contract applications for floors, it is also possible to transfer the share of the plot according to certain stages of construction. In this method, there is a transfer of the share of the land to the contractor when a certain stage is completed between the owner of the land and the contractor and a new stage is initiated for the continuation of construction. The contractor acquires the right to ownership by completing the construction step by step.
Stages of Construction Contract for Land Share
The stages of the construction contract for the floor can be summarized as contract preparation, project and license stage, construction process, delivery, and transfer of rights. Each stage is important for fulfilling the terms of the agreement, meeting the legal requirements, and protecting the rights and responsibilities of the parties.
Projelendirme ve Ruhsat
In the process of the construction contract for the share of land, the project planning and licensing stages are critical points that need to be reconciled between the parties. In the process of designing, the design and characteristics of the structure to be built are clarified. At the licensing stage, compliance of the project with legal regulations is confirmed and the necessary permit is obtained for the start of construction.
İnşaat ve Takip Süreci
Construction works are started according to the project determined together with the construction contract for the floor. The contractor provides the necessary materials, organizes the workmanship, and ensures the arrangement of the construction site. The owner of the plot or a representative designated in the contracting closely follows the construction process. This follow-up process includes the progress of construction, compliance with quality standards, control of costs, and fulfillment of contract terms.
Teslim ve Hak Devri
After the construction process is completed, the constructed structure is handed over to the owner of the plot. At the delivery stage, a delivery record is issued between the parties, and the works performed in the structure are examined. The delivery minute indicates that the construction was completed and received in accordance with the terms of the contract. The owner of the plot declares that he accepts the structure.
After the delivery and acceptance process is completed, deed transactions are carried out between the landowner and the contractor. The contractor completes the deed transactions for the transfer of the building he built to the owner of the land. In this process, the issuance of the necessary documents and updating of the title record is provided. With the transfer of rights, the owner of the plot literally acquires the right to ownership over the structure.
Explanation of the Construction Contract for Land Share
The deed of the construction contract for the floor means the processing of its terms into the title record. In this way, the contracting between the owner and the contractor of the land will appear in the title record and ensure that the rights of the parties concerned are protected. The process of appraisal of the deed is ordered as the preparation of the act, the application of the Directorate of Land Registry, the making of the interpretation procedure and the receipt of the excerpt document respectively.
