Pre-emption Payments for Shared Property: What Does the Constitutional Court Decision Mean?

For buyers of a share in land, the rights of other co-owners matter as much as location and price. The Constitutional Court’s recent decision on statutory pre-emption must be read with its decision date, publication date and deferred effective date kept separate.

What does the decision cover? According to the Court’s official announcement, the review concerns provisions in Article 734 of the Turkish Civil Code governing the determination of the pre-emption payment by a court on the basis of market value. The Court annulled the relevant wording and related provisions. This does not abolish the right of pre-emption itself.

The basic framework allows other co-owners to exercise statutory pre-emption when a co-owner sells all or part of their share to a third party. The nature of a particular transaction and any exceptions must be assessed individually.

Keep three dates separate The decision is numbered E.2026/23, K.2026/162 and was issued on 16 July 2026. Its Official Gazette publication date is 6 November 2026. The Court’s announcement states that the annulment provisions take effect nine months after publication. Calculated on the calendar, that is 6 August 2027. Publication should therefore not be read as immediate implementation.

The announcement explains that substituting a court-determined market value for the parties’ agreed sale price may upset the balance between their interests. This reasoning should not be taken to mean that the previous statutory wording automatically returns to force. The applicable rules and any subsequent legislation must be checked for each transaction.

What should buyers prepare? First, establish whether the proposed purchase covers the entire property or an ownership share. Compare the listing with the share recorded in the title documents. Do not assume that an area shown on site is identical to the legal right being transferred; clarify the relationship through the relevant documents.

Next, assemble a transaction file: current title information, the share offered for sale, previous sale documents where available, notices and records of any ongoing dispute. A separate chronology helps your adviser or lawyer understand which step occurred when.

What should sellers and existing co-owners do? Sellers should avoid categorical marketing statements such as “pre-emption risk has ended” or “only this price now applies”. Check any legal explanation against current legislation and the actual transaction file.

For existing co-owners, a news article is not enough to decide on litigation or payment deadlines. If proceedings are ongoing, provide your lawyer with the sale, notice and filing dates. Do not postpone a payment, disregard a notice or assume a particular outcome on the basis of this article.

What does this mean for Ankara properties? The same document-based approach applies when assessing shared-ownership property in Çankaya or Gölbaşı. The decision alone does not establish that neighbourhood prices will rise, shares will sell faster or every dispute will have the same outcome.

Başkent Zirve Emlak recommends reviewing the property and its legal transaction file together before making an offer. Write down unresolved questions and seek answers from the appropriate professionals and authorities.

Official sources Constitutional Court announcement dated 6 November 2026: https://www.anayasa.gov.tr/tr/haberler/norm-denetimi-basin-duyurulari/on-alim-hakkina-konu-payin-bedelinin-rayic-deger-uzerinden-mahkemece-belirlenmesini-ongoren-kurala-iliskin-itiraz-basvurulari-ve-iptal-davasi-hakkinda-karar Official Gazette, 6 November 2026, issue 33422: https://www.resmigazete.gov.tr/eskiler/2026/11/20261106.htm Turkish Civil Code: https://mevzuat.adalet.gov.tr/mevzuat/103249

Checked on 8 November 2026. General information, not a substitute for legal assessment of an individual case. The cover is an AI-generated illustrative image.