Pre-emption Right Market Value Rule Struck Down: Constitutional Court Ruling and Pending Cases

Turkey’s Constitutional Court has ruled that the requirement for co-owners exercising a right of pre-emption to pay the market value of a share — rather than the actual sale price — is unconstitutional. The decision, dated 16 July 2026 (Case No. E.2026/23, K.2026/162), was published in the Official Gazette (Resmî Gazete) on 6 November 2026 (Issue 33422). As a result, the pre-emption market value rule has created a period of uncertainty affecting thousands of pending cases filed since December 2025. Crucially, the annulment does not take effect immediately — it comes into force 9 months later, on 6 August 2027.

What is the right of pre-emption, and who does it affect?

The right of pre-emption (şufa hakkı) gives co-owners of a jointly held property the right to purchase another co-owner’s share on the same terms before it is sold to a third party. The right is set out in Article 732 of the Turkish Civil Code (TMK); the procedure for exercising it is governed by TMK Articles 733 and 734. A co-owner wishing to exercise the right must bring a lawsuit against the buyer within 3 months of learning about the sale — and in any event within the statutory long-stop period.

This area of law is particularly relevant in and around Alanya. Agricultural land in rural villages, highland plots, plots divided through inheritance, and parcels that have not yet been converted to condominium ownership (kat mülkiyeti) are very often held on a shared title deed (TAPU). When one co-owner sells their share to an outside investor or third party, the remaining co-owners face immediate consequences for both their ownership rights and their practical use of the property. The two most common types of dispute in shared property situations are pre-emption lawsuits and partition actions — the latter being the route taken when co-owners cannot reach agreement.

What did Law No. 7571 change?

Before the amendment, a person exercising the right of pre-emption was required to pay the sale price shown on the title deed (TAPU) plus the buyer’s conveyancing costs, in cash, within the time and at the place set by the judge. In practice, the most frequent disputes arose from sale prices being declared on the title deed at an artificially high or low figure.

Law No. 7571, which came into force in December 2025, rewrote the second paragraph of TMK Article 734. Under the new wording, the judge was required to determine the market value of the share in question without delay; the person exercising the right of pre-emption then had to deposit that market value — plus the buyer’s conveyancing costs — within a strict time limit (kesin süre) set by the court. Failure to meet that deadline meant that no order for registration of the title could be made. A transitional provision (Provisional Article 1, paragraph 2) added to the Civil Code by the same Law provided that these new rules would also apply to cases already in progress before the Law came into force.

That transitional provision proved particularly controversial. Co-owners who had filed their claim years earlier on the basis of the declared sale price suddenly found themselves facing a demand to pay the far higher current market value while their case was still live. A number of courts referred the provision to the Constitutional Court by way of an objection.

What exactly did the Constitutional Court strike down?

The lead referral came from the Yalova 2nd Civil Court of First Instance (Yalova 2. Asliye Hukuk Mahkemesi); several similar referrals from other courts were joined and examined together. The Court annulled the following:

• The words “market value” (rayiç bedeli) and “without delay” (gecikmeksizin) in the first sentence of TMK Article 734, paragraph 2;
• The words “strict time limit” (kesin süre) in the second sentence of the same paragraph;
• Provisional Article 1, paragraph 2 of the TMK, which applied the new rule to cases already pending.

The Court found that the amended provision set a price that was entirely independent of the terms freely agreed between seller and buyer — and that this could result in one party making a windfall gain while the other suffered a loss. It concluded that a fair balance between the property rights and legitimate interests of the parties had not been achieved, and held the provisions to be contrary to Articles 5 and 35 of the Turkish Constitution.

When does the pre-emption market value rule actually cease to apply?

The Court considered that an immediate annulment could create a legal vacuum and therefore ruled that the annulled provisions would remain in force for a further 9 months. As the clock runs from the date of publication in the Official Gazette, the annulment takes legal effect on 6 August 2027.

What happens to cases already in progress?

Because the annulment has been deferred, the market value rule is still in force today. In pending cases, the amount to be deposited will not change automatically, and final judgments already handed down will not be set aside by the annulment decision. Constitutional Court rulings in Turkey do not have retrospective effect — a final, binding judgment cannot be reopened on the sole basis of an annulment decision.

What remains genuinely unclear is which figure courts will apply to cases that have not been concluded by 6 August 2027. Parliament is expected to legislate before that date. If new legislation includes transitional provisions, those provisions will determine how pending cases are handled. For that reason, if you have already filed a pre-emption claim — or are thinking of doing so — you should monitor any court orders regarding deadlines and payment amounts very closely.

Has the right of pre-emption itself been abolished?

No. The ruling concerns only how the amount to be deposited is calculated. The right of pre-emption under TMK Article 732, the time limits for bringing a claim, and the rule that the lawsuit must be brought against the buyer all remain fully in force. If you miss the 3-month window after learning of the sale, you lose your right — regardless of this annulment decision.

What should buyers and sellers of shared-title property watch out for?

This ruling affects both buyers and sellers in the shared title deed (TAPU) market. The key practical points to bear in mind are as follows:

• Declare the true sale price. Once the market value rule falls away, the price on the title deed (TAPU) will once again become the central figure; understating it creates both a tax risk and a pre-emption dispute risk.
• Notify the other co-owners formally. Giving the other co-owners written notice of the sale through a notary public (noter) starts the 3-month clock running clearly and unambiguously.
• Keep a clear payment record. The secure payment system for property transactions (tapuda güvenli ödeme sistemi), which became mandatory on 1 December 2026, provides documented evidence of the sale price — and that documentation will carry evidential weight in pre-emption proceedings too.
• Do not miss strict court deadlines in live cases. Until 6 August 2027, any court order setting a deadline for depositing the market value is binding; failing to comply on time can lead to your claim being dismissed.

Pre-emption cases tend to run for a long time because they require the instruction of a court-appointed expert (bilirkişi) to value the share. Throughout that process, two developments will have a direct bearing on the outcome: whatever legislation Parliament enacts, and how the Court of Cassation (Yargıtay) interprets the transitional period.

This article is for general information only and does not constitute legal advice. You should refer to current legislation and official announcements for your specific situation.