Amendments in Accordance with the Law on Amendment of the Land Registry Law and Certain Other Laws 16 December 2019

The Law on Amendment of the Land Registry Law and Certain Other Laws (“Law”) entered into force by being published in the Official Gazette dated 10.07.2019 Amendments pursuant to the Law are as below:

Amendments Regarding Land Registry

In contracts aiming the transfer of real property, if the parties are present at the different directorate of land registry offices in Turkey and abroad, the contract can be concluded by the officials via deriving the will of parties separately.
A notification indicating the reasons of the fault and the share status after the correction will be made to the owners and third party right holders who are adversely affected by the fault arising from the cadaster or land registry transactions. If the concerned parties give their consent within 30 days following the notification date, the land registry records will accordingly be corrected. If such consent is not given in due of time, by amending the erroneous entry by directorate of land registry, the land registry office will make the correction ex officio and notify the concerned parties about their right to file a lawsuit against such correction before the Civil Court of First Instance within 60 days following the notification date.
On the other hand, a regulation was made due to simply correct the erroneous block or independent unit numbers. According to the amendment, to correct the erroneous block numbers in the project of constructions subject to property ownership; the resolution taken via the simple majority of the board of property owners and the technical report prepared by the relevant directorship are required to be submitted to directorate of land registry. As for the correction of the erroneous independent unit numbers, only the relevant technical report is required.

Amendments Regarding Agricultural Lands

By the amendment made on Construction Law, it is ensured that agricultural lands cannot be used, planned, identified as built-up area and nearby built-up area for anything but agricultural purposes without having the permits stated in Soil Conservation and Land Use Law.

Amendments Regarding Zoning Law

Real properties which are in the possession of private persons/entities’ and in the implementary development plan, subject to development readjustment share will be passed into the ownership of public by expropriating by related state institutions and organizations via bartering with real properties of Treasury or related administrations or purchasing.
Particular facilities relevant to the intended use in the plan can be established by taking related public institution’s assent on owner’s claim until the transfer of fields to the public is provided except road, square, prayer rooms, park and children’s playground from utilization subject to partnership interest. According to the relevant legislation, buildings will not be allowed even temporary in fields where no construction is done at all and existing buildings may be preserved until expropriation. These fields must be transferred into public ownership within 5 years of zoning schedule and this duration can be extended for utmost 1 year.
By means of the Law, in present regulation, public partnership’s interests (PPI) was omitted and replaced by formation partnership. (FPA) Finalizing and affirming Subdivision plans by municipality or governorate within 5 years from effective date of zoning plans will be principal. In this direction, municipality or governorate will be responsible for expropriation works and transactions that will arise from not making a subdivision plan.
Real estate will be directly sold through market value by Ministry of Environment and Urban Planning on the purchasing demand of Construction Registry Certificate owners and legal or contractual successors’ of these until 31 December 2019. Law on Amending Evaluation of Real Estate of Treasury and Value Added Tax Law’s related articles will not be enforced to these income.
Application period of the sale of agricultural land of Treasury which is located inside municipality and adjacent boundary and which has no subdivision plan or particularizes for agricultural function in the subdivision plan will be extended until 31 December 2019. Difference between actual sale price and updated and increased in proportion to CPI until the sale date price will be recovered from the last registry owner in case the sold agricultural lands are particularized in 1/5000 or 1/1000 scaled subdivision plan as non-agricultural function within 30 years from sale date. In the meantime, in case of not using the agricultural lands for agricultural function for 3 years without cease, the sale transaction will be annulled and the real estate will be registered ex-officio on behalf of Treasury and the paid price will be restored without interest to registry owner.
For those who cannot benefit from purchasing and restitution rights because of convergence of 2/B real estate registry owner and user, equivalent 2/B land may be distributed according to their status only if they file an application until 31 December 2020.
The list of constructions determined as risky will be hanged on these constructions’ doors and announced at the related chief alderman for 2 days. Transaction of determining risky constructions will be deemed noticed personally to the owners by this announcement. Owners or legal representatives can object within 2 days against the determination of risky constructions and these objections will be investigated and concluded in 3 days by technical committee. Moving out of the constructions within the period given by Ministry of Environment and Urban Planning shall be mandatory.

Türkçe Versiyonu İçin: http://www.kasaroglu.av.tr/tr/Tapu-Kanunu-ve-Bazi-Kanunlarda-Degisiklik-Yapilmasina-Dair-Kanun-Uyarinca-Getirilen-Degisiklikler

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