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Yacht and Boat Law

Yacht Construction and Refit Contracts in Türkiye and Maintenance and Repair Processes

Yacht model, technical drawings and contract file in front of a yacht under construction at a shipyard
Author: Published: About 29 min read

Institutional legal review and control: Güneş & Güneş Law Firm

Published by: Güneş & Güneş Law Firm

Summary

2026 permits for yacht construction and refit projects, contract management, delivery, defects and dispute routes in Türkiye.

For the construction, refit or maintenance and repair of a yacht in Türkiye, a technical work programme and legal responsibilities must be set up together. The scope of the work, the yacht's flag, length, intended use and the changes to be made determine the permit, registration and inspection obligations. The contract must clarify the price, additional work, delivery, defects, insurance and dispute provisions. Obtaining an administrative permit does not, by itself, show that the yacht has been delivered in accordance with the contract.

This article examines the legal framework for construction, refit and maintenance and repair work carried out in Türkiye, for yacht owners, investors, shipyards and project managers. The date of assessment is October 13, 2026. In particular, the new Regulation of January 14, 2026 and Law No. 7590, published in the Official Gazette on July 31, 2026, have been considered together. [K1–K2]

The legal nature of the work and identification of the parties

The difference between building a new yacht and buying a ready-made yacht

In a relationship in which the making of a yacht conforming to a specific design and technical specification is undertaken, the provisions of the Turkish Code of Obligations (TBK) on the contract for work are the starting point. The contractor undertakes to produce a specified result, and the client undertakes to pay the price. The purchase of a ready yacht, the purchase of a project service and the operation of an existing yacht are not the same legal relationship. The provisions of the agreement, as well as the actual obligations the parties have undertaken, must be examined. [K3, Arts. 19 and 470–471]

This distinction has consequences ranging from intervention for delay before delivery to notice of defects. For example, where it is clearly understood that the contractor will not finish the work on time, action may be taken under the special terms of the works contract without waiting for the delivery day. On the other hand, it is not appropriate to carry the defect provisions of a ready yacht sale into a construction contract without any assessment.

Ordering a yacht for private use is also important. A transaction between a person acting outside commercial or professional purposes and a party providing services within its professional activity may, if the conditions are met, constitute a consumer transaction. The high value of the yacht alone does not remove consumer status. However, use for leasing or commercial operation may change the assessment. The technical classification of a yacht as a pleasure craft and the question of consumer status are different questions. [K5, Art. 3]

The scope of refit and maintenance and repair

"Refit" is a broad term in the industry describing renewal and modernization work. Painting, upholstery, electronic system renewal, engine intervention or superstructure changes may all be within the same project. However, not every refit work is considered a modification under administrative legislation. The naming in the contract cannot replace the technical characteristics that determine the permit obligation.

In the 2026 Regulation, a change in any of overall length, breadth, depth or gross tonnage; an increase in the number of decks or masts; an increase of passenger capacity above 12 persons; or a change of type so that the vessel will carry dangerous cargo is significant for the purposes of modification. Engine maintenance or replacement appears in the Regulation's definition of maintenance and repair; other changes that accompany it must be separately examined. [K1, Art. 4]

Before work begins, a report on the existing state, a comparison of the old and new projects, measurements and capacity information should be prepared. In a disputed classification, instead of relying only on the word "maintenance" in the contractor's offer, the position of the file should be clarified with the competent harbour master's office.

Why it matters who signs the contract

The shipyard brand, the facility operator, the main contractor, the designer, the subcontractor and the yacht owner may all be different persons. It cannot be assumed that the business providing the work area is the contractor for all technical work. Similarly, it must not be assumed that the captain or project manager has authority to approve every price increase, time extension or release.

The full trade name of the contracting party, its authority of representation, the status of the client, and on whose behalf subcontractors work must be specified in the contract. Trade registry records, signature authority and powers of attorney should be examined; the power to give technical instructions must be separated from the power to change the price or the delivery date. This reduces the risk of a claim being directed to the wrong person when a dispute arises.

The 2026 regulation on construction and modification permits

The key thresholds for Turkish-flag yachts

The main implementing provisions of the Regulation on the Construction, Modification and Maintenance and Repair of Vessels and Water Craft of January 14, 2026 entered into force on April 14, 2026. The Regulation covers transactions in Türkiye, including in free zones. For Turkish-flag vessels, the following distinctions are considered together. [K1, Arts. 2, 5 and 20]

SituationBasic consequence for permit and registration
Overall length of 12 metres or more on completion of construction or modificationA construction or modification permit must be obtained.
Carrying more than 12 passengers or dangerous cargo, regardless of lengthThe permit obligation under the Regulation applies.
Modification raises the overall length of the vessel to 12 metres or moreA modification permit is assessed before the work begins.
Overall length of the vessel built or modified is 2.5 metres or moreGSVP registration is required; registration does not replace the permit condition.
Construction and modification outside the scope of the permit obligationA permit may be issued on request; other technical and administrative obligations continue to apply.

GSVP is the Turgut Reis Shipbuilding Industry Database Programme. The permit, registration and documentation procedure relating to the project must be assigned to a responsible person in the contract. However, the division of tasks between the parties does not, of itself, change the addressee that the administration determines under the legislation.

The "overall length" in the Regulation and the "hull length" in other regulations must not be confused. In particular, for projects around 12 and 24 metres, the technical file should show which measurement is used for which obligation.

Application documents and time limits for starting work

The application is carried out, depending on the nature of the transaction, physically and electronically with the documents set out in the annexes to the Regulation. The Regulation provides that permit applications are to be concluded within 25 calendar days at the latest. This period should not be written into the contract as a firm delivery guarantee without taking into account incomplete project and application problems. The technical file, fees and the dates for approvals should also be planned separately. [K1, Art. 5/5]

Unlimited duration of a permit document does not mean that the project may be held indefinitely. Construction must begin within one year and modification within six months, as established in the form prescribed by the Regulation. If this condition is not met, cancellation of the permit may arise. A mere order for materials and the regulatory determination of commencement of work are not the same thing. [K1, Art. 5/6]

A change in the information in the permit document requires a 30-day notification obligation, and rules on the issuance of a new permit in the event of a change of owner should be observed. Sale of the yacht, assignment of the construction order contract and updating of the permit file are different transactions. [K1, Art. 5/11]

The same class rule does not apply to every 24-metre yacht

The Regulation, without prejudice to provisions in other legislation, provides for class supervision and a five-year class certificate system for certain vessels, from approval of the project to inspection of the manufacture. For new construction, vessels with an overall length of 24 metres or more are one of the principal groups. However, for modification, the type of vessel, passenger capacity, period of construction and the relevant sub-paragraph must be considered together. A general conclusion that "every refit above 24 metres carries the same class obligation" cannot be drawn. [K1, Art. 5/12]

In particular, for vessels within the Pleasure Boats and Personal Watercraft Regulation, Article 13/2 of the 2026 Regulation is also important. For construction and modification that satisfies the length condition, in processing the necessary permit documents, construction inspections and classed-construction conditions are not required. It must first be determined whether the vessel actually falls within this special regime; the mere description of it as a "private yacht" is not sufficient. [K1, Art. 13/2; K4]

This exception does not remove product safety and conformity assessment. The CE mark, the class certificate, the administrative permit and the client's contractual acceptance serve separate functions. The presence of one does not prove that the others have been completed or that the technical specification has been fully met.

Place of maintenance and responsibility for inspection

Work outside a facility and land-based surveys

Construction, modification and maintenance and repair are, as a rule, to be carried out at facilities defined in the legislation. In addition, for land-based surveys and certain maintenance procedures, the location and safety conditions under Article 8 of the Regulation apply. For vessels of 15 metres overall length and above, other than inland water craft, the facility, fishing harbour or yacht harbour arrangement applies to land surveys; for smaller craft and inland water craft, the relevant special provisions must be read separately. [K1, Arts. 5/3 and 8]

The existence of a marina or slipway does not mean that all the construction and modification work the client wants can be carried out there. The scope of the permit, the character of the site, lifting capacity and safety conditions must be checked. Recording maintenance and repair work in GSVP is an obligation independent of the flag; without the necessary record, it is not possible to proceed to a land survey.

The transitional provisions on previous permits are also important. The general continuation rule in Provisional Article 1 of the Regulation does not displace the special cancellation provision for places other than facilities, fishing harbours and yacht harbours, contained in Provisional Article 3. When the commencement provisions are read together, this special transition period expired on July 14, 2026. A site permit obtained in advance should not be treated as valid for all subsequent works. [K1, Provisional Arts. 1 and 3, Art. 20]

The role of the control engineer and of the classification society

Supervision by a control engineer where construction is unclassed does not replace inspection by the harbour master's office. The Regulation provides, for unclassed construction and modification falling within its conditions, for control reports and administrative inspections at specified intervals. Where the works are carried out under class supervision, there is a separate exemption from the obligation to employ a control engineer. [K1, Arts. 5/17–18 and 9–12]

The contract should state who will invite the inspection, which stages of manufacture must be seen before being closed, how non-compliance is recorded, and who verifies the correction. A surface that will be covered by paint, a cable route that will be closed, or a welded joint that is difficult to access may not be assessable later by photograph alone. It should also be explained that technical approval given for a progress payment does not amount to waiver of all latent defects.

For further details, see our article on legal checks when buying or chartering a yacht.

Foreign flag and free zone projects

It is wrong to assume that all Turkish-flag requirements apply identically to foreign-flag yachts, or that no Turkish regulation applies to them at all. The 2026 Regulation, Article 6, establishes a separate regime. The GSVP registration, the permit by reference to the length condition and the obligations of the classification society are assessed under that article. [K1, Art. 6]

An exemption from class linked to a contractual provision or a written declaration on the applicable flag rules must be read narrowly. Such a declaration does not provide a general exemption from Turkish obligations relating to occupational safety, the environment, facilities, registration and other mandatory rules. The requirements of the flag administration and the obligations in Türkiye should be matched in the same project timetable.

Where a project started for export is later transferred to the Turkish flag, separate procedures are required. It cannot be accepted that a file prepared for a foreign flag may be used directly without taking account of the permit and conformity system in Article 7 of the Regulation. For free zone projects, the respective areas of responsibility of the free zone directorate and the harbour master's office should be followed together. [K1, Arts. 7 and 13/1]

Customs regimes and tax application must also be planned separately. The yacht's foreign flag, work in a free zone or payment in foreign currency does not, of itself, create a tax exemption. Imported equipment, a yacht brought in for maintenance, export delivery and use in Türkiye may be different transactions. The contract must clearly state who bears the costs of customs agents, documents, taxes and any breach of regime conditions. For the flag and import-export dimension, see our analysis of yacht law in Türkiye on flagging, taxation and import-export.

Scope of work and management of the price in the contract

Technical specification and change orders

The technical specification should be readable together with the list of brands and models, material specifications, versions of drawings, performance criteria, workmanship standards and delivery documents. Provisions such as "equivalent equipment may be used" should show which characteristics equivalence is to be assessed against and who will give approval. If there is a conflict between the main contract, the offer, the project and the annexes, the order of priority to be applied must be determined.

In refit projects, corrosion, hidden damage or old installations discovered after stripping often give rise to a dispute over additional work. The limits of the preliminary inspection should be written down; areas that cannot be reached should be shown in a record. A contractor cannot automatically convert every condition that emerges later into additional payment, and the client equally cannot accept as included in the main price every item that was initially excluded from the scope.

A change order must contain at least a description of the work, its justification, its price, its tax position, its effect on the delivery time and the authority that approves it. Notice and document arrangements may be set up for emergency interventions to protect life or property. Acceptance of a price increase should not be treated as having occurred merely because a captain's daily technical correspondence exists, without reviewing its authority and the terms of the contract.

The difference between a lump-sum price and cost-based work

Under Article 480 of the TBK, for a lump-sum price the contractor, as a rule, completes the work for the agreed price; additional labour or expense does not by itself give a right to increase the price. The conditions for adaptation and termination where circumstances unforeseeable at the outset, or foreseeable but not taken into account by the parties, prevent or greatly hinder performance are reserved. The conditions of ordinary cost increase and of this exception must be distinguished. [K3, Art. 480]

Under a cost-plus or estimated-price arrangement, the labour hours, material invoices, management fee, the upper limit and the approval mechanism are particularly important. Articles 481 and 482 of the TBK, dealing with the determination of the price and the exceeding of an estimated price, are assessed together with the specific contract. A weekly cost report is more functional than a dispute arising only at the end when the invoice is issued.

Progress payments should be linked, as far as possible, to defined and verifiable stages of manufacture rather than calendar days. The amount, duration, conditions of demand and conditions of return of an advance guarantee should be clear. If the letter of guarantee expires as the project timetable lengthens, the protection in the contract may be rendered ineffective.

Delivery delay and termination of the contract

Cause of the delay and extension of time

For the assessment of delay, the starting programme, approval dates, equipment deliveries and critical stages of manufacture are examined together. A client's late choice, change of scope or default, and the contractor's planning failure, may not produce the same consequences. A party seeking an extension of time must show not only that the event occurred but also its effect on the delivery date.

Every supply difficulty or price increase is not, of itself, force majeure. The contract provision, foreseeability, causation, notice period and steps that could be taken to reduce the loss must be examined. A collective extension of time requested without showing whether the event affects the whole project or only a specific item is open to dispute.

Under Article 473 of the TBK, where the conditions are met, it provides options to rescind the contract or to require the defect to be remedied before the delivery date has arrived. In the case of default in the obligation to deliver, Article 117 of the TBK and following, and in particular the regime of additional period and elective rights, are taken into account. A notice terminating the contract must be clear as to the reason, the legal basis and the claim. [K3]

Delay penalty and damages

For a daily or weekly delay penalty, the starting point, any penalty-free period, the upper limit and the effect of an extension of time must be determined. Under Article 179/2 of the TBK, where a penalty has been agreed for performance at a specified time, acceptance of the late performance without reservation may result in loss of rights. A handover record should not be treated merely as a technical document. [K3, Arts. 179–182]

For claims such as loss of charter income or the cost of a substitute yacht, the breach, the loss and an appropriate causal link must be documented. Every planned commercial income cannot be claimed as realized loss. The other party may argue that the uncertainty of the expected income, the possibility of reducing the loss, or the client's contribution to the delay caused it. Cancelled contracts, payment records and the actual alternative costs are therefore important.

Termination for cause and termination at will

The termination of a contract because of the contractor's breach and the client's voluntary withdrawal from the project must be distinguished. Article 484 of the TBK provides for the right to terminate before the work is completed, together with the duty to pay for the part performed and to compensate all the contractor's losses. The statement "no delivery has been made yet, so all advances are refunded" is not valid in every case. [K3, Art. 484]

In calculating the consequences of termination, the completed work, ordered materials, equipment that can be used in another project, delivery of documents, the removal of the yacht from the facility and the cost to a third party of completing the work must all be considered together. An exit protocol that clearly separates disputed items is a safer solution than a vaguely worded mutual release.

Acceptance on delivery and rights arising from defective work

Sea trial and the delivery file

Launching, sea trial, actual delivery and legal acceptance may be different stages. The conditions under which speed, range, fuel consumption, vibration or noise targets are measured, including load, weather, sea and equipment conditions, must be determined in advance. A performance undertaking without a measurement method creates significant uncertainty in an expert examination.

To the extent applicable, the delivery file should contain final drawings, test and trial reports, class or conformity certificates, permits and registration documents, equipment warranties, maintenance instructions, software access and the spare-parts list. In the list of outstanding work, each item should show the time and person responsible for its remedy; items that prevent delivery should be separated from minor items that can be remedied later.

Completion of the administrative certification process does not mean that all quality and comfort criteria in the contract have been met. The Regulation provides for the start of certification and registration procedures depending on completion documents; this does not automatically extinguish the client's private law claims. [K1, Art. 13/4–5]

Notice of defect and elective rights

In a works contract, the client must, after delivery, examine the work and notify the contractor of defects within the period that is appropriate in the ordinary course of business as soon as possible. A defect that appears later must also be notified without delay. There is no fixed "30-day period for defect notice" that applies to all yacht works. [K3, Arts. 474 and 477]

Under Article 475 of the TBK, depending on its conditions, the right to rescind from the contract, a reduction of the price in proportion to the defect, or, where it does not require excessive expense, a claim for free repair arises. Damages under the general provisions remain reserved. Not every minor aesthetic blemish gives a right to rescind; equally, a serious defect affecting the safety of navigation cannot be treated merely as a cosmetic deficiency.

The contractor may argue that the problem was caused by material supplied by the client, by an instruction given despite an express warning, by misuse, or by subsequent intervention. In assessing these defences, Articles 472 and 476 of the TBK, written warnings and technical causation are decisive. The mere statement "user error" does not prove the defence on its own.

Warranty period and limitation are different

Article 478 of the TBK provides periods running from delivery for actions in respect of defective works. For works other than immovable structures, two years; where the contractor is grossly at fault, twenty years regardless of the nature of the work. In assessing a defect in the construction of a yacht, the five-year period for immovable structures does not apply merely because the job is described as "construction". Where there is a consumer transaction or a different contractual character, the relevant special provisions are assessed separately. [K3; K5]

The Constitutional Court (AYM), by its decision of June 27, 2024, E.2024/8, K.2024/126, dismissed the application for annulment directed at the wording of Article 478 of the TBK referring to the date of delivery. That decision does not concern yacht disputes directly; it is important for the starting point of limitation in works contracts. For this reason, the date of the delivery record and the factual delivery must also be kept carefully. [K6]

A warranty undertaking in the contract, notice of defect and the statutory limitation period must be examined separately. Continuation of warranty discussions or sending a formal notice to the other party does not, in every case, interrupt the limitation period. The price and other contractual claims cannot be automatically equated in period with defect claims; the legal basis of the claim and the relevant provisions, including Articles 146–147 of the TBK, must be determined.

Ownership, insurance and design rights

The payment of an advance, the attainment of a particular stage of manufacture, or the dispatch of equipment to the shipyard does not, in every case, produce the same ownership result. Whom the yacht under construction will belong to, the identification of materials set aside, the registration possibilities and third-party rights must be examined together. The timing of transfer of ownership and the bearing of accidental damage must be governed by separate provisions. [K3, Art. 483; K7]

In particular, where a shipyard faces financial difficulty, it should not be assumed that protection is secured merely by an advance invoice. Appropriate security, registration and rights-creating options, the identification of materials and the existence of encumbrances on the register should be considered. Certain claims arising from the construction or repair of a vessel are also subject to special security provisions in the Turkish Commercial Code, which must be assessed separately.

The insurance arrangement should clearly state which risks are covered in the policy: fire during manufacture, maintenance, lifting and lowering, sea trial, third-party damage and client-supplied equipment. Exclusions, limits, the insured's status and notice requirements must be examined; reliance on the phrase "fully insured" alone is not appropriate. Where a loss notice is followed by repair that alters the evidence, this may create difficulties under the policy and in proof.

Design, drawing and software delivery must be separately regulated. Acquiring ownership of the physical yacht does not, of itself, give the right to produce a second yacht from the same design or to permit a third shipyard unlimited use of the plan. The permission to use, modify and provide the technical file to third parties for the purposes of maintenance must be expressly stated. Where a foreign design is used, the declaration on intellectual property rights required by the Regulation is also taken into account in the permit file. [K1, Art. 5/8]

Not every claim arising from infringement of intellectual property rights in yacht design is automatically a maritime claim. This question requires separate legal examination, bearing in mind the protectable nature of the design and the statutory list of maritime claims; it is also specifically addressed in current legal scholarship. [K7, Art. 1352; K8]

For further details, see our article on excluded risks and refusal of claims under yacht insurance.

Evidence and routes of application in disputes

Preservation of technical evidence

When a dispute arises, the first question is often to show which event occurred, when and why. If the examination of the equipment to be removed or the surface to be covered is delayed, the technical cause may not be determinable. A specialist expert report is useful, but where necessary the request for evidence to be taken by the court should also be considered. [K9, Art. 400 et seq.]

DisputeRecords to be preserved first
Scope of work and additional paymentSigned specification, drawing versions, change orders, authority documents
Delivery delayWork programme, progress reports, order and delivery records, extension notices
Defective manufacture or repairDated photographs, measurement and test records, removed parts, fault history, expert report
Payment and securityInvoices, bank records, progress approvals, text of the guarantee and extensions
Delivery and acceptanceSea trial results, list of outstanding work, reservations and delivery record

Electronic correspondence should not be limited to screenshots; it should be kept with originals, attachments and date information. Documents must be obtained lawfully, and files containing trade secrets and personal data must not be uploaded to open sharing platforms. For emergency interventions necessary for safety, the condition before intervention should be recorded as far as possible.

Court, arbitration and precautionary attachment

The competent court is determined by considering together the basis of the claim, the status of the parties, whether there is a consumer transaction, and the special provisions of maritime commerce. A rule that "every yacht-related action is brought in the commercial court" cannot be established. The requirement of mandatory mediation before litigation and its exceptions must also be checked according to the type of claim. [K5; K7, Arts. 4, 5 and 5/A]

In a dispute with a foreign element, the law applicable to the contract, the competent tribunal and the place where the award is to be enforced are different matters. The choice of law does not automatically remove the directly applicable rules of Turkish law. Where arbitration is provided for, the seat of arbitration, the institution or rules, the number of arbitrators and the possibilities of interim protection must be determined. The bank guarantee and the dispute provisions in the main contract may differ, and this should be specifically examined. [K10–K11]

Article 1352/1-m of the TTK lists among maritime claims claims arising from the construction, reconstruction, repair, equipment or change in the nature of a vessel. However, the nature of a maritime claim does not mean automatic precautionary attachment over every yacht. The nature and prima facie proof of the claim, the relationship between the debtor and the owner, jurisdiction, security and special procedural conditions must be separately assessed. [K7, Art. 1352 et seq.]

Administrative sanctions and the effect of the 2026 amendments

Working without a permit, work outside a facility, deficiency in registration and failure to comply with inspection obligations may give rise to administrative consequences separate from a private law dispute. However, the assessment of a sanction cannot be made merely by reading the figures in the January 2026 Regulation. By Law No. 7590 of July 31, 2026, new statutory sanctions were introduced at law level, adding Article 28/A to Decree Law No. 655. [K2]

For example, Article 28/A(3)(f) provides, for vessels and water craft that require a permit but are found without a permit, or that are found working outside a facility although holding a permit, an administrative fine of TL 5,000 to TL 50,000 per metre of overall length on the persons liable named in the provision. Obligations of nature, inspection and documentation are separately regulated in the other sub-paragraphs of the same paragraph. This range should not be read as a fixed penalty applicable in every case, or as a common debt for everyone.

In a concrete file, the date of the act, the entry into force, the principle of the more favourable law, the legal basis of the sanction, the responsibility of the addressee and proportionality must each be examined separately. An upper limit in the January Regulation cannot be applied as though it were a common upper limit for all statutory sanctions subsequently introduced. Payment of a penalty also does not, of itself, complete a missing permit, technical conformity or certification.

The route of application must be determined by reading together the sanction report, the date of service and other decisions taken within the same transaction. A payment that cancels a permit or suspends operations may not require the same route of challenge. It cannot be assumed that a routine objection letter sent to the administration always protects the time limit for a lawsuit or an application. [K12]

Conclusion

The legal security of a yacht construction and refit project in Türkiye begins with the correct classification of the work. Once the flag, dimensions, intended use and nature of the modification have been determined, a plan of permits, GSVP, class and inspection should be prepared. In respect of the 2026 regulations, the special provisions for pleasure craft and the sanction changes during the year should be particularly reviewed. For the general framework of yacht and boat disputes, you may refer to our yacht and boat law page.

The contract must establish together the technical specification, approval of additional work, price, extension of time, security, ownership and transfer of risk, test and acceptance conditions. Records kept during the project provide a stronger basis of proof than explanations prepared afterwards when a dispute arises. Recording reservations at delivery and notifying defects in time are decisive for the protection of substantive rights.

Every project does not have the same contract or the same permit list. The existing state of the yacht, the status of the parties, the chosen law and the technical scope of the work must be examined together to prepare a plan of documents and responsibilities. This article is of general legal information; it does not replace the examination of the contract and documents for the concrete project.

Frequently Asked Questions

Does every refit project require a modification permit?

No. It is determined whether the work under the refit falls within the Regulation's definition of modification. Changes in dimensions, gross tonnage, decks, masts, passenger capacity and use are significant. Work classified as maintenance may also carry registration, workplace and safety obligations.

Is a yacht under 12 metres exempt from all obligations?

No. Criteria such as passenger capacity and dangerous cargo may produce consequences independent of length. In addition, for construction and modification of 2.5 metres and above, the GSVP registration and other technical rules are assessed separately.

Is class mandatory for all yachts of 24 metres and over?

It cannot be answered by length alone. New construction, modification, the type of vessel and the period of construction are considered together with special exceptions. For vessels within the Pleasure Boats Regulation, Article 13/2 of the 2026 Regulation should be specifically checked.

Does a foreign flag remove Turkish permit and registration rules?

No. For foreign-flag vessels, Article 6 of the Regulation applies. A class exemption linked to a declaration on the flag rules does not provide exemption from all obligations in Türkiye.

Can a shipyard unilaterally set the price of additional work?

The original scope of the work, the type of price, whether the additional work request was approved by an authorized person, and the relevant statutory provisions are considered. Under a lump-sum price, an increase in cost does not in itself give a right to increase the price; the statutory adaptation conditions are reserved.

If delivery is delayed, can the contract be terminated immediately?

The cause of the delay, the contract provisions, default and, where necessary, the conditions for an additional period are examined. In some circumstances Article 473 of the TBK permits intervention before the delivery date. The financial consequences of freely withdrawing from the project are, however, different.

Does signing a delivery record remove all rights in respect of defects?

Not in every case. Open defects, the scope of acceptance and reservations are important. The duty to notify latent or subsequently appearing defects continues. Whether the right is preserved in respect of delay penalties should also be assessed at the time of acceptance.

Is there always a five-year period for defects in yacht construction?

No. The five years under Article 478 of the TBK relates to immovable structures. For works other than immovable structures, the period is two years; where the contractor is grossly at fault, twenty years. The concrete contract, the consumer character and the nature of the claim must be examined separately.

Can precautionary attachment be placed on a yacht for a construction or repair debt?

The claim may fall within Article 1352 of the TTK. However, precautionary attachment requires the relationship between debtor and owner, proof, jurisdiction, security and other special conditions to be met. The existence of the claim alone is not sufficient for attachment.

Does paying a penalty make work carried out without a permit lawful?

No. A fine, the permit and technical conformity and certification obligations are separate. Remedying the deficiencies and completing the relevant administrative processes must also take place.

Sources and legal bases

K1 — Regulation on the Construction, Modification and Maintenance and Repair of Vessels and Water Craft, Official Gazette of January 14, 2026, No. 33137; in particular Arts. 4–16, 20 and provisional provisions. Official Gazette copy shared by the İMEAK Chamber of Shipping.

K2 — Law No. 7590 on Amendments to Certain Laws and Decree Laws, Official Gazette of July 31, 2026, No. 33326; Arts. 29–31 and Arts. 28/A–28/B added to Decree Law No. 655. Bodrum Regional Harbour Master's Office announcement and Official Gazette link.

K3 — Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu). In particular Arts. 19, 117–125, 146–147, 179–182 and 470–486. Ministry of Justice UYAP legislation; TBMM adopted text.

K4 — Regulation on Pleasure Boats and Personal Watercraft (Gezi Tekneleri ve Kişisel Deniz Taşıtları Yönetmeliği), Official Gazette of May 5, 2017, No. 30057. Mevzuat Bilgi Sistemi.

K5 — Consumer Protection Law No. 6502 (Tüketicinin Korunması Hakkında Kanun), in particular Art. 3 and the relevant consumer dispute provisions. Mevzuat Bilgi Sistemi.

K6 — Constitutional Court (AYM), June 27, 2024, E.2024/8, K.2024/126. Official Gazette of October 2, 2024, No. 32680; norm review concerning the start of limitation under Article 478 of the TBK. AYM decision record; accessible transcript of the decision text.

K7 — Turkish Commercial Code No. 6102 (Türk Ticaret Kanunu). Relevant provisions on jurisdiction, registration, security and maritime claims; in particular Art. 1352 et seq. Mevzuat Bilgi Sistemi.

K8 — Halil Emre Gürler, "The Applicability of Precautionary Attachment of a Vessel in Respect of a Claim Arising from Infringement of Intellectual Property Rights in Yacht Law" (Yat Hukukunda Fikri Mülkiyet Hakkının İhlalinden Doğan Alacak Açısından Geminin İhtiyati Haczinin Uygulanabilirliği), DEHUKAM Maritime Law Journal, vol. 9, no. 1, 2026. Journal record and article link. The subject matter of the study and the research scope explained in it were used.

K9 — Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu), in particular Art. 400 et seq. on the taking of evidence. Mevzuat Bilgi Sistemi.

K10 — Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), in particular Arts. 5, 6 and 24. Mevzuat Bilgi Sistemi.

K11 — Law No. 4686 on International Arbitration (Milletlerarası Tahkim Kanunu). Mevzuat Bilgi Sistemi.

K12 — Misdemeanor Law No. 5326 (Kabahatler Kanunu), in particular on legal remedies and the principles of application. Mevzuat Bilgi Sistemi.

Starting reference on the subject — Ülken Law. "A Legal Guide to Yacht Building, Refit and Maintenance Processes in Türkiye", March 27, 2026. Article. This work is not a translation of the text at the link; it is an independent review prepared from the legislation and the other sources identified.

AUTHOR

Av. Umut Güneş

Güneş & Güneş Law Firm

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