LAW 5444

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I am posting this translation as a sample of my work. It is the English translation of Law 5444 as it was published in the Official Gazette on 7 January 2006. You should be aware that laws in Turkey may be modified or abrogated by parliament, so that the presence of this text on my website does not neccessarily imply that the law has the same wording, or is in force at all, at the time when you view it. You should also be aware that in legal proceedings in Turkish courts of law, interpretation will be made from the original Turkish language text. In some cases there are no precise English language equivalents for Turkish legal terminology so that only a Turkish legal expert working from the original text is competent to give advice based on this law. This translation is for information purposes only and does not constitute legal advice.
You can access the original Turkish language text of the law at Law 5444 in Turkish
Translated from Turkish by Tim Drayton.

Law

Law Concerning Changes to the Title Deed Law

Law Number 5444 Acceptance date: 29.12.2005

ARTICLE 1. — The Title Deed Law number 2644 dated 22/12/1934 has been revised such that Article 35, which was annulled by the Constitutional Court, reads as follows:

Article 35. – Real persons of foreign nationality may, on condition of reciprocity and compliance with legal restrictions, acquire for use as a residence or workplace immovable property in Turkey that is registered as having been designated for such purposes in a land-use development plan or locality development plan. Such conditions shall also apply to the granting of easements.The total land area of immovable property along with easements of an independent and permanent nature that may be acquired on a nationwide basis by real persons with foreign nationality shall not exceed two and a half hectares. The Council of Ministers is authorised to increase the amount of such land area, subject to the conditions set forth in this paragraph, to no greater than thirty hectares.

Commercial companies having the status of corporate persons established in foreign countries under the domestic legislation of such countries may only acquire immovable property and easements over immovable property pursuant to the provisions of special laws.

The reservations and restrictions of paragraphs one and two shall not apply to the creation of pledges over immovable property in Turkey to real persons of foreign nationality and to commercial companies having the status of corporate persons established in foreign countries under the domestic legislation of such countries.

Persons other than real persons of foreign nationality and commercial companies having the status of corporate persons established in foreign countries under the domestic legislation of such countries may not acquire immovable property in Turkey, nor may they be granted easements.

The reservations and restrictions of paragraph one shall not apply to immovable property that is legally inherited by citizens of countries with which reciprocity with the Turkish Republic applies. The reservations and restrictions of the above paragraphs shall apply in the case of testamentary disposition. In the case of immovable property and easements that are legally inherited by citizens of countries with which reciprocity with the Turkish Republic does not apply, these shall be disposed of once transfer procedures have been completed.

The decision as to whether reciprocity applies shall be based on the legal and de facto situation. The crucial factor in determining whether this principle applies to citizens of countries that do not grant land ownership rights to individuals shall be whether the foreign country grants the same property acquisition rights to citizens of the Turkish Republic as it does to its own citizens.

The Council of Ministers is authorised, in response to appeals lodged by the appropriate public establishments or institutions accompanied by plans and coordinate maps that have been registered with competent authorities, to delineate such areas that require special protection due to their significance for irrigation, energy, agricultural or mining purposes or for reasons of conservation, faith or culture; and areas under special protection along with sensitive areas that require protection due to their flora and fauna; and strategic locations in which for reasons of national security or the common good real persons of foreign nationality and commercial companies having the status of corporate persons established in foreign countries under the domestic legislation of such countries may not acquire immovable property, nor secure easements in their favour; and to determine the amount of land in each province that mey be acquired by real persons of foreign nationality that, taking into account the nature of the province and its land area, shall not exceed five parts per thousand. Requests by public establishments and institutions pursuant to this article shall be studied and appraised by a commission acting under the authority granted to the Council of Ministers pursuant to this article that shall conisist of representatives of administrative bodies within the Ministry to which the Directorate General of Land Registry and Cadastre is affiliated, and shall be submitted to the Council of Ministers.

When, after the date on which this Law shall take effect, areas are designated as prohibited military zones, military and special security areas or strategic areas, or decisions are taken to alter such areas, the Ministry of National Defence shall without delay provide the Ministry to which the Directorate General of Land Registry and Cadastre is affiliated with maps and coordinate values relating to these.

Notification to land registry offices shall be made by the appropriate administrative authority in the case of plots that for the reason that they fall within areas defined in the above paragraphs require to be made subject to compulsory purchase orders or where for such reasons annotations require to be made to land registry records for such plots.

In the case of immovable property and easements that are acquired in breach of the provisions of this article or are deemed to be used for purposes other than the intended purpose, except when this is required by the law, should such property not be disposed of by the owner within a period to be granted by the Ministry of Finance, it shall be disposed of by sale and the proceeds of such sale shall be paid to the owner.

ARTICLE 2 — The following provisional article has been been added to Law number 2644.

PROVISIONAL ARTICLE 2 — The Ministry of National Defence shall within the space of three months provide the Ministry to which the Directorate General of Land Registry and Cadastre is affiliated with maps and coordinate values relating to decisions concerning prohibited military zones, military and special security areas along with strategic areas that are in existence on the date that this Law shall take effect.

Title deed traansactions shall be conducted, until such time as map and coordinate values relating to the above-mentioned areas have been presented to to the Directorate General of Land Registry and Cadastre and these have been transferred in digital form to local units, by means of liasing with the authorised military authorities; and once such procedures have been completed, by means of consulting the documents and data thus presented.

ARTICLE 3 — This Law shall take effect retroactively as of 26/7/2005 with its publication.

ARTICLE 4 — This Law shall be enforced by the Council of Ministers

6 January 2006