Pre-emption right in Turkey: market value rule annulled

Turkey's Constitutional Court (Anayasa Mahkemesi, AYM) has annulled the rule under which, in a pre-emption lawsuit (önalım or şufa davası), the judge sets the market value (rayiç bedel) of the share that was sold (Article 734(2) of the Turkish Civil Code, TMK). The decision was published in the Official Gazette (Resmî Gazete) on 6 November 2026, but the annulment only takes effect on 6 August 2027. Until then, the market value rule still applies.

The pre-emption right itself remains. If you live in Germany, the Netherlands or elsewhere in Europe and co-own a flat or land in Turkey, for example through an inheritance, the decision matters when you sell your share or when another co-owner sells theirs to an outsider. This article reflects the law as of November 2026.

When does the statutory pre-emption right apply?

If a co-owner (paydaş) sells all or part of their share in real property to a third party, the other co-owners may exercise their pre-emption right (Art. 732 TMK). They do so by suing the buyer (Art. 734(1) TMK).

The Code sets out this right for co-ownership in shares (paylı mülkiyet). Where heirs are registered as joint owners (elbirliği mülkiyeti), the form of ownership needs to be clarified first; this article deals with sales of shares in co-ownership. A sale to another co-owner is outside Art. 732, which only mentions sales to third parties.

The time limits are in Art. 733 TMK, as amended by Law No. 7571:

The buyer or the seller notifies the other co-owners of the sale through a notary (para. 3).
The right lapses three months after the holder is notified of the sale and in any case one year after the sale (para. 4). Law No. 7571 cut the outer limit from two years to one.
There is no pre-emption right in forced auction sales or in sales under the State Procurement Law No. 2886 (para. 1).
A general waiver must be made in official form and noted in the land register. Declining to use the right in a specific sale only needs to be in writing and can be done before or after the sale (para. 2).

These changes to Art. 733 do not apply to sales made before 25 December 2025; the earlier rules still govern those sales (provisional Art. 1(1) TMK). The Court's decision does not touch Art. 733 or that transitional rule.

The market value rule since 25 December 2025

Law No. 7571 of 24 December 2025 rewrote Art. 734(2) TMK, with effect from 25 December 2025. Unofficial translation:

The market value of the share in dispute shall be determined by the judge without delay. The pre-emption right holder must deposit in cash the determined market value together with the land registry costs borne by the buyer, at a place designated by the judge for interest-bearing deposit, within a peremptory time limit set by the judge. If this obligation is not fulfilled within the peremptory time limit, registration of the share in the name of the pre-emption right holder cannot be ordered. The deposited amount shall be paid to the person entitled, together with its yield, once the judgment becomes final.

Turkish original (UYAP Mevzuat):

(Değişik ikinci fıkra:24/12/2025-7571/36 md.) Dava konusu payın rayiç bedeli hâkim tarafından gecikmeksizin belirlenir. Önalım hakkı sahibi, belirlenen rayiç bedel ile alıcıya düşen tapu giderlerini nemalandırılmak üzere hâkim tarafından belirlenen yere verilen kesin süre içinde nakden yatırmakla yükümlüdür. Bu yükümlülük, verilen kesin süre içinde yerine getirilmezse önalım hakkı sahibi adına payın tesciline karar verilemez. Yatırılan bedel, hükmün kesinleşmesi üzerine nemalarıyla birlikte ilgilisine ödenir.

Before the change, the holder deposited the sale price shown in the land register plus registry costs. In the new decision the Court notes that it had earlier upheld that sale price rule (8 November 2023, E. 2023/77, K. 2023/190). A transitional provision added by Law No. 7571 (provisional Article 1(2) TMK) applied the market value rule to lawsuits filed before 25 December 2025 as well.

What did the Constitutional Court annul?

Decision: AYM, 16 July 2026, E. 2026/23, K. 2026/162, Official Gazette of 6 November 2026, No. 33422. Thirteen civil courts had referred the provision, and members of the Turkish parliament (TBMM) had filed an annulment action; the Court joined all of them.

The words "market value" (rayiç bedeli) in the first sentence were annulled by majority as contrary to Articles 5 and 35 of the Constitution (right to property). Four judges dissented.
"Without delay", "peremptory time limit" and the rest of the paragraph were annulled unanimously because they could no longer be applied on their own (Art. 43(4) of Law No. 6216 on the Constitutional Court). Art. 734(2) TMK is therefore annulled in full.
Paragraph 2 of the transitional provision was annulled on the same ground.
All annulments take effect nine months after publication. The request to suspend the provisions in the meantime was rejected.

The reasoning in short: if the price under a statutory pre-emption right is not the price agreed between seller and buyer, the terms of the sale change and a different sale results. The buyer receives a different amount from what they paid and may gain or lose unfairly. The pre-emption holder only learns how much they must pay at the end of the proceedings. The majority held that the rule therefore fails to strike a fair balance and is incompatible with the State's positive obligations to protect property.

The Court did not question the pre-emption right as such. It refers to its decision of 3 June 2025 (E. 2024/152, K. 2025/116), in which it upheld the statutory pre-emption right.

What applies until 6 August 2027?

Under Article 153 of the Turkish Constitution, an annulled provision ceases to have effect on the date the annulment takes effect, here 6 August 2027. Until then:

the judge sets the market value of the share;
the holder must deposit that amount and the buyer's registry costs in cash within the peremptory time limit, or the share will not be registered in their name;
this also applies to lawsuits filed before 25 December 2025.

As of November 2026, no law amending Art. 734 TMK has been published in the Official Gazette. When an annulment is postponed, parliament is to debate a bill filling the resulting gap with priority (Art. 153(4) of the Constitution). Press reports on drafts are not binding.

After 6 August 2027: open questions

If no new law is passed by then, only Art. 734(1) remains: the right is exercised by suing the buyer. The Code will no longer say which amount must be paid, by when or in what form.

This point is disputed. There is no express statutory rule and no binding court decision for the period after the annulment, and it is not certain how the courts will proceed. It is open whether the earlier sale price rule will be applied again, which rule will govern cases still pending at that date, and how the annulment of the transitional provision will affect lawsuits filed before 25 December 2025. Under Article 153(5) of the Constitution, annulment decisions do not have retroactive effect; that protects final judgments but does not by itself answer the question for pending cases. Much depends on the new legislation and its transitional rules.

If you live in Germany or the Netherlands

You are selling your share to an outsider. Notice of the sale through a notary to the other co-owners starts the three-month period (Art. 733(3) and (4) TMK). Without notice, the right can be exercised for up to one year after the sale. The other co-owners can decline in writing for that specific sale (para. 2). Your buyer should know that, until 6 August 2027, a pre-emption claim would force them to give up the share against the market value.

Another co-owner has sold to an outsider. You must sue the buyer within three months of being notified and in any case within one year of the sale. The market value set by the judge may be higher than the price in the land register. If you do not deposit it in cash on time, the claim fails. If you are running the case from abroad, have a representative in Turkey and a way of paying on time arranged in advance.

The co-owners cannot agree. A partition lawsuit (ortaklığın giderilmesi) is a separate route, and mediation must be tried first. See inherited property in Turkey and the partition lawsuit. For related topics see real estate law and the Türkiye–Germany page.

Ownership and other rights in rem over immovable property are governed by the law of the country where the property is located at the time of the transaction (Art. 21(1) of the Turkish Private International Law Act, MÖHUK); for a flat in Turkey that is Turkish law. That the statutory pre-emption right also falls under this rule follows from its place in the TMK as a restriction on ownership; this is an interpretation and the author's assessment. For pre-emption rights over property in Germany or the Netherlands, please consult a lawyer admitted in that country.

Frequently asked questions

Has the pre-emption right in Turkey been abolished?

No. Only Art. 734(2) TMK and paragraph 2 of the transitional provision were annulled. The right (Art. 732), the time limits (Art. 733) and the lawsuit against the buyer (Art. 734(1)) remain in force.

When does the market value rule end?

On 6 August 2027. Until then the judge sets the market value, and it must be deposited in cash on time.

What is the time limit for a pre-emption lawsuit in Turkey?

Three months from notice of the sale and in any case one year from the sale (Art. 733(4) TMK). The decision does not change this.

Does the decision affect pending cases?

Not before 6 August 2027; the market value rule applies to them too. What applies to pending cases after that date is disputed and largely depends on the new law.

Sources

Questions about your case

If you plan to sell your share in a property in Turkey, or a co-owner's sale means you are considering a pre-emption lawsuit or have to respond to one, you can discuss the time limits and the effect of the decision on your case. Choose an online video call, a phone call or an in-person meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO). It helps to have:

a current land register extract (tapu kaydı) and the list of co-owners,
the date of the sale, the price shown in the land register and, if any, the date of the notarial notice,
for a pending case, the court, the case number and the date of the time limit set by the judge.