Important change in the title deed: The current price rule is being abolished

An important decision was taken that concerns shareholding real estate owners throughout Türkiye. The Constitutional Court (AYM) annulled a part of the regulation made in the Turkish Civil Code regarding the use of the right of pre-emption in real estate that is jointly owned by more than one person.

The Constitutional Court found the rule requiring the court to determine the value of the share subject to sale as unconstitutional. The decision taken on July 16, 2026 was published in the Official Gazette dated November 6, 2026.

FAIR PRICE RULE FOR SHARE DEEDS HAS BEEN CANCELLED

The right of pre-emption gives other stakeholders the opportunity to purchase priority if one of the stakeholders in a shared real estate sells its share to a third party.

The regulation, which is the subject of the Constitutional Court's review, came into force in 2025 with the amendment made to Article 734 of the Turkish Civil Code with Law No. 7571.

According to the regulation, if the share in the shared real estate was sold to a third party, the amount to be paid by the other stakeholder who wanted to exercise the pre-emption right was determined by the court.

In this calculation, the current value of the real estate share was taken as basis instead of the sales price agreed upon by the buyer and seller.

13 COURTS AND CHP APPLIED

Following objections from different courts, the constitutionality of the regulation was brought to the agenda of the Constitutional Court.

The Supreme Court, which evaluated the applications of 13 different civil courts of first instance and the Republican People's Party, annulled the provision stipulating that the market price should be determined by the judge.

The Constitutional Court evaluated that using a different amount instead of the price determined by the parties in the sales contract with their own will could create problems in terms of property rights.

In the decision, it was pointed out that the practice may in some cases lead to unfair gain or financial loss for the buyer, and may create uncertainty for the stakeholder who wants to use the right of pre-emption.

THE CANCELLATION DECISION WILL ENTER INTO FORCE ON AUGUST 6, 2027

The Constitutional Court decided that the annulment provision would come into force nine months after its publication in the Official Gazette.

Accordingly, the cancellation decision regarding the market value application will come into force on August 6, 2027.

The current regulation will continue to be applied until this date. Therefore, with the publication of the decision, all ongoing preemption cases will not automatically revert to the old system.

ONGOING LAWSUITS MAY ALSO BE AFFECTED

The Constitutional Court annulled some provisions related to the market value rule, as well as the temporary provision that stipulated the application of the regulation to previously filed cases.

It is possible for the Turkish Grand National Assembly to make a new legal regulation until the annulment decision comes into force.

How ongoing preemption cases will be affected will be determined according to the legislation that will be in force on August 6, 2027 and the legal status of each file.

It is important for citizens who plan to sell their shared real estate or have an ongoing pre-emption case to follow the date of August 6, 2027 and the new legal regulations that may be made until this date.