TÜRKIYE Law and Practice Contributed by: Serkan Gül, Nazım O Kurt and Türkay Avanaş, Hergüner Bilgen Üçer Attorney Partnership
Organised Industrial Zones Undergoing Reform Organised industrial zones (OIZs) are designated areas in Türkiye that are subject to a special legal framework designed to promote industrial devel - opment by offering businesses readily available infrastructure, streamlined bureaucratic pro - cesses, and incentives such as tax benefits and reduced utility costs. The aim is to boost regional economic growth and encourage investment. In late 2024, the Ministry of Technology and Industry introduced a comprehensive amend - ment to the legislation governing the estab - lishment and administration of OIZs. Minister Mehmet Fatih Kacır summarised the overarching objective of the amendment as being to accel - erate the allocation of industrial areas to inves - tors in the future. However, the amendment also implements more stringent inspection protocols and enhances the Ministry’s oversight of OIZs, while incorporating several provisions on the increasingly pertinent issue of sustainability. In early 2025, the Minister also called for increased private sector investment in transport infrastructure, particularly in railway networks connecting OIZs to ports. The government appears to be pursuing a broader strategy to position central Türkiye as a hub for industrial development, leveraging its logistical advantag - es and lower exposure to earthquake risks – an ever-present threat to Türkiye’s most industrial - ised city, Istanbul. 1.3 Proposals for Reform Transfer of Development Rights Governments are required to allocate lands for public use in the interest of the community. Lands that are privately owned but designated as “public service areas” in zoning plans may be allocated for public use through expropriation.
To facilitate this process, the transfer of develop - ment rights has been introduced as a new legal framework to serve as an alternative method. This mechanism enables authorities to acquire such lands at no cost by incorporating specific provisions into zoning plans, thereby reducing the challenges associated with expropriation. Additionally, it offers private property owners the opportunity to exercise their development rights on designated public lands within the specified area. Proposal for Legislation Regarding Title Deed Fee Exemption for First Residential Properties for Turkish Citizens In October and November 2024, various oppo - sition parties submitted legislative proposals to the Turkish Grand National Assembly aimed at exempting Turkish citizens who have never owned a residence from paying title deed fees for their first and only residential property. These proposals are currently under discussion by the commission; however, it is anticipated that they may not be approved, as the ruling party did not introduce them. Property Tax Reform Suggestions To curb the effect of inflation on the average con - sumer, the Central Bank of the Republic of Tür - kiye proposed a series of measures to prevent rises in house prices and rent, including levying an additional tax based on the number of houses and unoccupied houses, but these proposals have yet to be presented before the parliament.
2. Sale and Purchase 2.1 Categories of Property Rights Simple Freehold Ownership
Under Turkish law, the most basic category of property right is simple freehold ownership
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