TÜRKİYE Law and Practice Contributed by: Serkan Gül, Nazım O Kurt and Türkay Avanaş, Hergüner Bilgen Üçer Attorney Partnership
Hergüner Bilgen Üçer Attorney Partnership Büyükdere Caddesi 199 Levent 34394
İstanbul Türkiye
Tel: +90 212 310 18 00 Fax: +90 212 310 18 99 Email: info@herguner.av.tr Web: www.herguner.av.tr
1. General 1.1 Main Sources of Law
The Code on Zoning and Construction ( İmar Kanunu ) establishes the rules governing con - struction, including zoning requirements, and the various licences and permits necessary to construct and occupy buildings. The Code on Land Registration ( Tapu Kanunu ) governs the registration and record-keeping of real estate. Under the general framework established by the foregoing fundamental laws, there are more detailed codes and regulations addressing more specific areas of law. The most frequently cited of these in recent years has been the Urban Regeneration Law ( Kentsel Dönüşüm Kanunu ) as well as the Capital Markets Board’s respec - tive communiqués on Real Estate Investment Companies ( Gayrimenkul Yatırım Ortaklıklarına İlişkin Esaslar Tebliği ) and Real Estate Investment Funds ( Gayrimenkul Yatırım Fonlarına İlişkin Esa - slar Tebliği ). 1.2 Main Market Trends and Deals Real Estate Sector in Last 12 Months In 2023, the real estate sector in Türkiye was relatively active due to:
Real estate law in Türkiye is not governed by a separate and dedicated body of law. Instead, Turkish real estate law is integrated into the gen - eral operation of civil law, and different aspects of real estate law are governed by chapters in codes of general operation. At the very top, property rights are secured by the Turkish Constitution and the European Con - vention on Human Rights (as an international treaty duly subscribed to by Türkiye). The Civil Code ( Türk Medeni Kanunu ) defines different property types and regulates how property interests are created, transferred and extinguished. The Turkish Code of Obligations ( Türk Borçlar Kanunu ), which regulates contracts in general, also governs real estate-related con - tracts, including lease agreements, and specifies the procedural requirements for their formation or termination in addition to supplying certain substantive mandatory terms or default princi - ples as necessary.
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