RealEstate Law

Scope

Real estate law covers the acquisition, use, transfer and division of immovable property such as land, residences and commercial premises, as well as ownership and limited real rights (mortgage, easement, usufruct) over such property. The basic framework is formed by the provisions of Turkish Civil Code No. 4721 on the ownership of immovable property and the land registry, Land Registry Law No. 2644 and Condominium Law No. 634. Lease relationships are subject to the lease provisions of Turkish Code of Obligations No. 6098 (Art. 299 et seq.). Zoning, expropriation and urban transformation are shaped by public law instruments such as Zoning Law No. 3194, Expropriation Law No. 2942 and Law No. 6306 on the Transformation of Areas under Disaster Risk.

Disputes over immovable property often concern both private law and administrative law. For example, a building constructed without a permit affects relations with neighbours and the contractor as much as it affects administrative sanctions. For this reason, the zoning status, building inspection and tax obligations are also reviewed together with the title deed record in such transactions.

Frequently encountered matters

• Drafting and review of sale agreements and preliminary sale agreements for immovable property.
• Assessment of annotations, declarations and encumbrances on the title deed record.
• Actions for cancellation of title deed and registration, and actions based on pre-emption rights.
• Partition of co-ownership (izale-i şuyu), prevention of interference and claims for compensation for unlawful occupation (ecrimisil).
• Lease agreements, determination and adaptation of rent, and deposits.
• Grounds for eviction: non-payment, written undertaking to vacate, two justified notices, need, and reconstruction.
• Management plans, common expenses and service charge disputes under condominium ownership; construction agreements in exchange for land share (flat-for-land agreements).
• Determination of expropriation compensation and de facto expropriation (kamulaştırmasız el atma).
• Identification and demolition of risky buildings, and the rights of owners in urban transformation.
• Acquisition of immovable property by foreign natural and legal persons.

Process and points to note

The first step in immovable property transactions is to examine the title deed record, the zoning status and the encumbrances on the property. Contracts for the sale of immovable property and preliminary sale agreements are subject to official form; a contract that is not executed at the land registry directorate or before a notary is invalid (Art. 237 of the Turkish Code of Obligations). For this reason, recovering payments made under contracts in ordinary written form is a matter requiring separate assessment.

In disputes arising from leases, condominium ownership, neighbour law and partition of co-ownership, mandatory pre-litigation mediation applies: an application to a mediator must be made before the action is filed (Art. 18/B of Law No. 6325); enforcement proceedings without a court judgment for the eviction of leased immovable property are excluded from this requirement. The Turkish Code of Obligations provides short time limits for rent determination and eviction claims; for example, an action for determination of rent for a new lease period can only be filed within the period specified in the law. Rent increases are also subject to a ceiling linked to the consumer price index (Art. 344 of the Turkish Code of Obligations).

The time limit for filing an action before the administrative courts against zoning acts is, as a rule, sixty days from service or announcement (Art. 7 of Administrative Procedure Law No. 2577); an action for annulment against an expropriation decision is filed within thirty days from service (Art. 14 of Law No. 2942). In urban transformation, objections to the identification of a risky building and the decision-making majority of owners are regulated in Law No. 6306; the time limit for filing an action against acts carried out under this Law is also thirty days. The acquisition of immovable property by foreigners is subject to the restrictions in Article 35 of the Land Registry Law. In building and immovable property disputes, on-site inspection and expert examination are often decisive for the outcome.

Our office’s approach

In immovable property matters, title deed, zoning and contract documents are reviewed together; the legal position, the risks and the possible courses of action are summarised in writing. Before moving to mediation, enforcement or litigation, the time limits and the preconditions for bringing an action are identified.