The establishment of the contract of construction in return for land share

Nowadays, landowners do not find it economically reasonable to have constructors build constructions for cash consideration, so the landowners rather prefer to get the constructions built in exchange for consideration of a land share or an independent section of construction. The contracts to be drafted in this method are called "the contract of construction in return for land share". Thanks to this agreement, by getting the constructors to do the constructions works which require certain expertise, the landowners satisfies their needs for housing or workplace, eliminating the cost of construction; by selling the independent sections obtained as a result of the constructions, the constructors generate income, eliminating the cost of land. In this study in which the establishment and main features of the contract of construction in return for land share -which we encounter a lot in practice- have been the subjects of, the issues which should be taken into consideration by the landowners and the contractors are included. Firstly, an analysis regarding the definition, parties, the legal natüre and the difference from similar contracts of the contract of construction in return for land share has been carried out, and then, the following subjects have been explained in detail: general principles relating to the establishment and legal validity of the contract, form of the contract, the different appearances of the contract in practice which vary based on the dates that the landowners transfer the land titles. In the last section, the obligations of the landowners and the contractors who are the parties of the contract are examined. Keywords: Land Owner, Contractor, The Contract Of Construction In Return For Land Share.