REPUBLIC OF TURKEY
THE MINISTRY OF PUBLIC WORKS AND SETTLEMENT
The Directorate General of Land Registry and Cadastre
Re: The Cancellation of Article 35 of the Title Deed Act.
CIRCULAR NO: 1657, 2008/7
To The Regional Directorate Of Land Registry And Cadastre,………...
Re: a) Circular dated 07.08.2003 and numbered B.09.1.TKG.0.16.00.0.1/1363-100/
b) Circular dated 15.12.2004 and numbered B.09.1.TKG.0.16.00.0.1/1365-
c) Circular dated 20.01.2006 and numbered B.09.1.TKG.0.16.00.0.1/350-
As you are aware, the applications regarding real estate dispositions by individuals of foreign nationality and by foreign companies which have been duly incorporated under the laws of their own countries, are being finalized in accordance with the provisions specified in Circular C above, and particulars concerning the foreign national buyer or seller, as the case may be, are being sent to the central office.
However, the Constitutional Court, by its decision of 11.04.2007, numbered 2006/35E, 2007/48 K, has cancelled
- the last sentence of the first paragraph of Article 35 of the Title Deed Act No 2644 which provides “It is for the Board of Ministers to increase the size of the area up to 30 hectares, subject to conditions provided in this paragraph.” together with
- the provision in paragraph 7 which reads “… and to determine, the extent to which; the proportion of the total area of land foreign national individuals may acquire within the boundaries of a city in relation to the total area of that city is no greater than 0.1 percent.” and decided that the cancellation was to come into effect three months after 16.01.2008, the date on which the cancellation was published in the Official Gazette.
Therefore, due to the on going enactment of legislation regarding the acquisition of land, by foreign national individuals and foreign companies duly incorporated under the laws of their country, after 16.04.2008 the date on which the cancellation shall come into effect,
It is now required that;
Applications for the sale of land to Turkish nationals, from foreign national individuals or foreign companies duly incorporated under the laws of their own country, ownership of which has been obtained prior to 16.04.2008, are to be processed and;
- The processing of applications for the sale to foreign national individuals and foreign companies duly incorporated under the laws of their own country are to be suspended until further notice;
On the other hand, as companies incorporated under the Foreign Direct Investment Act numbered 4875 as well as individuals who hold a “Certificate for enjoyment of rights reserved by Act numbered 4112” or a “Certificate for enjoyment of rights given by Act numbered 5203” are not the same as foreign national individuals or foreign companies duly incorporated under the laws of their own country which are specified by Circular C,
- Land acquisition applications of foreign capital companies which operate under Act No 4875 or foreign capital companies which gained permission of operation under abrogated Act numbered 6224 are to be processed according to Circular A,
- Land acquisition applications of those who hold a “Certificate for enjoyment of rights reserved by Act No 4112” or a “Certificate for enjoyment of rights given by Act No 5203” are to be processed according to Circular B, as provided by Article 29 of the Turkish Citizenship Act numbered 403.
Please be informed of the provisions of this Circular and please make sure that they are communicated to the Land Registry and Cadastral offices in your region and that they are acted upon.
Faruk Nafiz Ozak