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Construction on Treasury land refers to carrying out unauthorized building activity on immovable property belonging to the State, and it is a legal problem subject to serious sanctions under Turkish law. Due to the intensity of the tourism and agriculture sectors in Antalya, illegal construction on Treasury land is a fairly common problem. In this guide we comprehensively address the concept of Treasury land, the calculation of the occupancy compensation (ecrimisil), eviction procedures, and legal remedies.
What Is Treasury Land and Which Laws Govern It?
Treasury land refers to immovable property owned by the Treasury of the Republic of Türkiye. Such property covers both places under the sovereignty and disposal of the State within the scope of Article 715 of the Turkish Civil Code No. 4721 and registered Treasury real estate. The Public Financial Management and Control Law No. 5018 and the State Procurement Law No. 2886 form the basic legal framework concerning the management and disposal of Treasury real estate.
In Antalya, Treasury land is concentrated particularly along the coastal strip, within forest boundaries, in pasture areas, and on land of an agricultural character. According to the data of the General Directorate of National Real Estate (Milli Emlak Genel Müdürlüğü), Antalya is among the leading provinces in Türkiye in terms of the amount of Treasury land. This situation also brings with it problems of unauthorized construction and occupation in the region.
Under Turkish law, unauthorized construction on Treasury land is subject to both administrative and criminal sanctions. Article 75 of the State Procurement Law No. 2886 governs the imposition of ecrimisil on those who occupy Treasury real estate and their eviction.
What Is Occupancy Compensation (Ecrimisil) and How Is It Calculated?
Ecrimisil is the compensation the administration demands in return for the unauthorized use of Treasury real estate. Pursuant to Article 75 of the State Procurement Law No. 2886, ecrimisil is calculated retroactively for the period during which the property was occupied and may be collected for a maximum period of five years.
In calculating ecrimisil, the location, size, and manner of use of the property and comparable rental values are taken into account. In Antalya, the ecrimisil amounts for Treasury land, especially in coastal areas, are set at quite high levels owing to the region's tourism potential.
Pursuant to Article 85 of the Regulation on the Administration of Treasury Real Estate, the ecrimisil amount is determined by the assessment and appraisal commission. The commission decides by taking into account the current market rental value of the property, the purpose of its use, and comparable values in the vicinity.
Procedure for Objecting to an Ecrimisil Notice
After an ecrimisil notice has been served, a request for correction may be submitted to the administration within 30 days. The administration evaluates this request within 30 days. If the correction request is rejected or partially accepted, an action may be filed before the administrative court within 60 days from the service of the correction notice. In Antalya, ecrimisil objection cases are heard before the Antalya Administrative Court.
If no objection is made to the ecrimisil notice, the amount becomes final and, if unpaid, is collected through enforced execution under the Law No. 6183 on the Procedure for the Collection of Public Receivables. In Antalya, ecrimisil debts are seen to reach high amounts together with interest.
Legal Consequences of Illegal Construction on Treasury Land
Unauthorized construction on Treasury land is a serious legal violation with both administrative and criminal dimensions. While the accrual of ecrimisil and an eviction order are applied as administrative sanctions, on the criminal side the relevant articles of the Turkish Penal Code No. 5237 may come into play.
Administrative Sanctions
Pursuant to Article 75 of the State Procurement Law No. 2886, eviction proceedings are initiated by a decision of the district administrative authority against persons occupying Treasury real estate. Following the eviction order, demolition of the structure may also come onto the agenda. The National Real Estate Directorate of the Antalya Governorship periodically detects unauthorized structures on Treasury land in the region and carries out ecrimisil and eviction procedures.
Criminal Sanctions
Article 154 of the Turkish Penal Code No. 5237 defines as an offense the partial or complete destruction of another's immovable property or its appurtenance, or causing zoning pollution. Illegal construction on Treasury land may be assessed within the scope of this article. In addition, pursuant to Article 184 of the Turkish Penal Code (TCK), constructing a building without obtaining a building permit or contrary to the permit constitutes the offense of causing zoning pollution.
| Type of Sanction | Legal Basis | Consequence | Objection Period |
|---|---|---|---|
| Accrual of Ecrimisil | Law No. 2886, Art. 75 | Compensation retroactive for up to 5 years | 30 days (correction request) |
| Eviction Order | Law No. 2886, Art. 75 | Forced eviction by decision of the district administrative authority | 60 days (administrative court) |
| Demolition Order | Zoning Law No. 3194, Art. 32 | Demolition of the unpermitted structure | 60 days (administrative court) |
| Offense of Zoning Pollution | TCK Art. 184 | 1-5 years' imprisonment | Criminal proceedings |
| Administrative Fine | Zoning Law No. 3194, Art. 42 | Fine based on construction cost | 60 days (administrative court) |
Sale of Treasury Land and the Right of Direct Sale
What is Law No. 4706? Law No. 4706 on the Valuation of Immovable Property Belonging to the Treasury and on Amendments to the Value Added Tax Law (Official Gazette 18.07.2001) governs how Treasury real estate is brought into economic use. For people who have a structure on Treasury land, two provisions stand out: Article 5 for real estate within municipal and adjacent-area boundaries, and Article 4(d) for real estate in villages.
Under Article 5, Treasury real estate within municipal and adjacent-area boundaries that has been identified by the Ministry and on which construction existed before 30.03.2014 is transferred to the relevant municipality free of charge. The municipality then sells such property, upon request, directly at market value to the owners of the structures or to their legal or contractual successors. If no purchase request is made within one year of written notification, the property may be sold under the general rules.
Article 4(d), by contrast, allows Treasury real estate of up to 5,000 square metres located within the settlement areas of villages and hamlets outside municipal and adjacent-area boundaries to be sold directly at market value to its users. The buyer must have been registered in the population register of the village where the property is located on the date the Law entered into force, or must have been residing in that village since 31.12.2000.
Structures and facilities built on Treasury real estate after the Law entered into force pass to the Treasury without any further procedure (Art. 5). The sale of Treasury real estate on which structures with a building registration certificate (yapı kayıt belgesi) are located is governed separately by Provisional Article 16 of the Zoning Law; we cover the latest changes in this area in our article on Law No. 7579. In an application, the regime that applies to the property in Antalya, documentation of the construction date of the structure and any outstanding ecrimisil debt should be assessed together.
The Difference Between 2/B Land and Treasury Land
2/B land and Treasury land, two concepts frequently confused in practice, are subject to different legal regimes. 2/B land is land that has lost its forest character within the scope of subparagraph B of Article 2 of the Forest Law No. 6831 and has been registered in the name of the Treasury. The sale of such land is regulated by Law No. 6292.
In Antalya, there is a large amount of 2/B land, especially in mountainous areas and along forest edges. In the sale of 2/B land, the determination of entitlement is made according to different criteria, and the application procedures are regulated separately from the direct sale of Treasury land.
Legal Support in Treasury Land Cases in Antalya
Treasury land disputes are complex cases involving both administrative law and criminal law dimensions. In Antalya, such cases generally arise in the form of ecrimisil objections, annulment of eviction orders, rejection of direct sale applications, and charges of zoning pollution.
In ecrimisil and eviction cases filed before the Antalya Administrative Court, proving that the ecrimisil amount is excessive or demonstrating that the eviction order is contrary to procedure and law is of critical importance. Expert reports and precedent decisions play a decisive role in these cases.
For persons facing construction problems on Treasury land in Antalya, obtaining professional support at the outset of the legal process will ensure that both administrative and criminal sanctions are managed effectively. For comprehensive information in the field of real estate law, you may visit our page on representation by a lawyer in real estate sales in Antalya.
Frequently Asked Questions About Treasury Land and Occupancy Compensation
How far back is the ecrimisil amount calculated for a structure on Treasury land?
Pursuant to Article 75 of the State Procurement Law No. 2886, the ecrimisil amount is calculated and collected retroactively for a maximum of five years. It is not legally possible to claim ecrimisil for the period preceding those five years.
How is an objection made to an ecrimisil notice?
Within 30 days from the service of the ecrimisil notice, a written request for correction may be submitted to the relevant national real estate directorate. If the administration rejects the correction request or accepts it in part, an action for annulment may be filed before the administrative court within 60 days from the service of the correction notice.
Is there a right to purchase a structure on Treasury land?
Yes, if the conditions are met. Under Article 5 of Law No. 4706, Treasury real estate within municipal and adjacent-area boundaries on which construction existed before 30.03.2014 is transferred to the municipality, which sells it on request directly at market value to the owners of the structures. In villages, Article 4(d) allows real estate of up to 5,000 square metres to be sold to users registered in the village population register or residing in the village since 31.12.2000.
Can a prison sentence be imposed for an illegal structure built on Treasury land?
Pursuant to Article 184 of the Turkish Penal Code No. 5237, constructing a building without obtaining a building permit constitutes the offense of causing zoning pollution and carries a prison sentence of between 1 and 5 years. However, if the structure is brought into compliance with a permit or demolished, dismissal of the public prosecution is possible.
What is the difference between Treasury land and 2/B land?
Treasury land is immovable property directly owned by the Treasury. 2/B land, on the other hand, is land that has lost its forest character within the scope of Article 2/B of the Forest Law No. 6831 and has been registered in the name of the Treasury. The sale conditions, application procedures, and legal regimes of the two types of land differ from one another.
Why are ecrimisil amounts for Treasury land high in Antalya?
Antalya's high tourism potential directly affects the rental values of land in coastal areas. Since comparable rental values are taken as the basis in calculating ecrimisil, the ecrimisil amounts for Treasury land in tourist areas run above the average for Türkiye.
What happens if I do not pay the ecrimisil debt?
If a finalized ecrimisil debt is not paid, it is collected through enforced execution under the Law No. 6183 on the Procedure for the Collection of Public Receivables. During this process, garnishment of wages, attachment of bank accounts, and attachment of movable and immovable property may be applied. In addition, a late-payment surcharge continues to accrue.
