Turkey has announced details of procedures for land consolidation activities, as well the roles of various bodies involved in the process. The regime outlines processes for both voluntary and compulsory consolidations, as well as requirements for registering these on the property’s title and appeal mechanisms. Notably, fixed facilities located on a property will not be taken into consideration during land consolidation activities and will not be compensated.
The Land Consolidation Application Regulation (“Regulation”) was published in Official Gazette number 30265 on 9 December 2017, entering into force at the same date. The Regulation was published according to Article 17 of the Land Conservation and Land Use Law.
Under the Regulation, the main actors for land consolidation activities (defined as “Project Administrations”) will be:
- The Ministry of Food, Agriculture and Livestock
- Provincial special administrations.
- Village legal entities.
- Agriculture cooperatives.
- Other public institutions which carry out land consolidation.
The Regulation introduces two types of land consolidation activities:
- Arbitrary consolidation: At the request of the land’s owner, or its majority shareholder.
- Non-arbitrary consolidation: Made with respect to the general public interests, at the request of the Ministry, or a land protection board.
In an attempt to minimize disputes, the Regulation gives priority to arbitrary consolidation projects.
A statement about the consolidation will be recorded on the land’s title in the land registry. The statement’s date is important, since any deed transfer, disposition, pledge or mortgage transaction after the registration date can only be conducted via a request from the project administration and with a permit from the Ministry or Governorate. A purchaser who acquires the land after the consolidation statement is registered to the title will be deemed to have accepted the previous owner’s commitments.
Land taken during consolidation will be subject to the normal land grading process, conducted by land rating commissions. Commission determine a ratio, considering factors such as a productivity analysis report, distance to residential areas, as well as other similar factors. The parcel values are then calculated by multiplying the relevant ratio and cadastral parcel areas.
Please see this link for the full text of the Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.