Turkey has updated several provisions relating to establishing flat ownership and easements, as well as land use conversion. Under the changes, land registrations will now be based on electronic architectural projects and residency usage permits. Further, contractors can establish such rights, provided certain conditions are met.
The Law Amending Certain Laws for Enhancing the Investment Environment number 7099 (“Omnibus Law”) was published in Official Gazette number 30356 on 10 March 2018. The Omnibus Law makes changes to the Law on Property Ownership.
Notable changes under the Omnibus Law include:
– Previously, only property owners could establish certain rights. Courts might order the establishment of such rights as well. However, contractors can now also establish the following, provided each owner’s independent section is determined:
– Flat ownership.
– Land use conversion transactions.
– Contractors can now register land by submitting any of the following agreements:
– Construction agreement in return for flat.
– Transfer agreement in return for flat.
– Notary agreements regarding partition of independent sections.
– For contractors to establish flat ownership, they must now submit electronic copies of the architectural project and management plan to deed offices, approved by the competent authority.
– Documents for land use conversion transactions can now be provided electronically to deed offices.
Please see this link for the full text of the Omnibus Law (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven