The Constitutional Court's Decision Annulling the Finality of the Registration Judgment in Expropriation

Decision Reference and General Framework

The Constitutional Court's decision in question was rendered upon an application made by a civil court of first instance by way of objection (concrete review). The decision is directed at the phrase contained in the eighth sentence of the eighth paragraph of Article 10 of the Expropriation Law No. 2942, as amended by Law No. 7139 dated 19/4/2018. The High Court determined that the relevant phrase was contrary to Articles 13, 35 and 46 of the Constitution. It is assessed that the repercussions of this decision will be significant in provinces where expropriation actions are frequently heard, first and foremost Antalya.

The importance of the decision for real estate law and, in particular, expropriation disputes is great. In the expropriation actions heard intensively in the Antalya region, it means a significant transformation in favour of protecting the property right of owners.

What Is the Annulled Provision?

Article 10 of Law No. 2942 regulates the procedure for the determination of the expropriation price and the registration action. According to the annulled phrase, the court's decision on the registration of the immovable in the name of the administration was final in nature; that is, the route of appeal or cassation against this decision was closed. The parties could resort to legal remedies only with respect to the expropriation price.

The Problem Experienced in Practice

This regulation gave rise to a serious loss of rights for immovable-property owners. Because the registration decision was final in nature, the immovable was registered in the land registry in the name of the administration before the price became final. The owner was left only with the right to object to the price; however, the loss of ownership was deemed to have been completed.

Even if, as a result of appeal or cassation review of the price, it was determined that the expropriation price fixed by the court did not reflect the real value of the immovable, the registration transaction was not of a nature that could be reversed. This situation forced the owner to bring additional actions; the compensation or annulment processes continued for years. In many expropriation disputes heard in Antalya, owners faced significant losses of time and money in these multi-track litigation processes lasting years.

The Constitutional Court's Grounds for Annulment

The High Court based its annulment decision on three main axes: the right to property, the constitutional elements of expropriation, and the principle of legal certainty. The following headings summarise the grounds of the decision in a systematic manner.

The Extent of the Interference with the Right to Property (Article 35 of the Constitution)

Article 35 of the Constitution guarantees the right to property. According to the Court, "it is clear that a limitation on the right to property is introduced by the rule at issue, which provides that the registration decision rendered by the court in the name of the administration as a result of the expropriation transaction, which is of a nature depriving the owner of property, is final."

Every interference with the right to property must comply with the criteria in Article 13 of the Constitution. Among these criteria are the principles of lawfulness, conformity with the letter of the Constitution, and proportionality.

The Guarantee of Advance Payment and Real Consideration (Article 46 of the Constitution)

Article 46 of the Constitution sets out the two fundamental constitutional guarantees of expropriation:

• The guarantee of real consideration: The expropriation price must reflect the real value of the immovable.
• The guarantee of advance payment: The price must be paid at the latest at the moment the immovable is registered in the name of the administration.

The Constitutional Court emphasised that these two guarantees must be assessed together. With reference to the Muammer Bulut decision, it made the following determination: the expropriation price must be paid in a single instalment and at the latest at the moment the immovable is registered in the name of the administration. Otherwise, depriving the owner of property violates the guarantee of advance payment. In many expropriation transactions entered in the land registry records in the Antalya region, it has frequently come onto the agenda that this guarantee has no practical counterpart.

Constitutional Court, File 2025/190, Decision 2026/38, 12/2/2026:

"Within the scope of the rule, because the court's registration decision is final, the administration obtains the ownership of the immovable and, as a natural consequence of this situation, the right to use the immovable in accordance with the purpose of expropriation, without the expropriation price being finally determined and paid in full to the owner; the owner, on the other hand, loses their property."

Legal Certainty and Fair Balance

The decision also emphasised legal certainty within the framework of the rule of law principle in Article 2 of the Constitution. The fair-balance problem long debated in Antalya-based expropriation actions was assessed by the High Court as follows: in a limitation introduced on the right to property by way of expropriation, the fair balance to be observed between the targeted public interest and the individual interest of the owner can only be achieved by paying the owner the real consideration of the immovable in advance.

Comparison of the Old Regulation with the New Situation

With the entry into force of the annulment decision, the structure of expropriation actions will change significantly. The table below shows the fundamental differences between the current practice and the new period. The effects of this change will be felt clearly in the expropriation processes that come onto the agenda within the framework of large infrastructure projects, urban transformation applications and tourism investments in the Antalya region.

Date of Entry into Force and Transitional Period

The Constitutional Court postponed the entry into force of the decision for a period of nine months, assessing that the legal gap the annulment decision would create could violate the public interest. This postponement is a measure in conformity with the legislative technique arising from paragraph (3) of Article 66 of Law No. 6216 and the third paragraph of Article 153 of the Constitution.

Accordingly, the situation valid until 21 February 2027 is as follows: the existing legal order is preserved with respect to the finality of the registration decision. During this process, the legislative body is expected to enact a new regulation. In expropriation disputes ongoing in the Antalya region, the strategic management of this transitional period carries great importance.

Assessment with Respect to Pending Actions

With respect to price-determination and registration actions currently ongoing, registration decisions to be rendered before 21 February 2027 will continue to be subject to the existing rule. However, the High Court's grounds for annulment provide important bases in these actions in terms of the case-law of the European Court of Human Rights and an individual application by way of a constitutional complaint. In price disputes ongoing in the Antalya region, the effective use of these legal bases may produce results in favour of owners.

Practical Consequences for Owners

With the entry into force of the annulment decision, the position of immovable-property owners in the expropriation process will be significantly strengthened. In the new period, owners will have the following possibilities:

• Objection to the registration decision: The route of appeal and cassation against the court's registration decision will be opened; the registration transaction will become completable only after the price has become final.
• Duration of protection of ownership: While the price dispute continues under legal remedy, the ownership of the immovable may continue to remain with the owner.
• Less need for additional actions: The obligation to bring separate compensation or annulment actions will largely be eliminated.
• Negotiating power: The owner's bargaining position against the administration's offers at the purchase-procedure stage will be strengthened.

The Intensity of Expropriation Actions in Antalya

Antalya is one of the provinces where expropriation actions are most intensively heard in Türkiye, owing to tourism investments, infrastructure projects and zoning changes. Hundreds of price-determination and registration actions are filed each year at the Antalya Courthouse. This decision of the High Court means a legal transformation directly affecting immovable-property owners in the Antalya region.

Assessment from the Standpoint of Foreign Owners

Foreign-national owners who own immovable property in Antalya will also be significantly affected by this decision. The acquisition of property by foreigners is regulated within the framework of Article 35 of the Land Registry Law No. 2644 (Tapu Kanunu); the expropriation process is subject to equal provisions for domestic and foreign owners. Antalya ranks first among the provinces where foreign-national natural persons acquire the most immovable property in Türkiye.

For foreign owners who acquire immovable property, particularly for investment purposes, in the Antalya region, the expropriation process is of critical importance in terms of both protecting the investment and collecting the real consideration. Antalya-based law offices that provide representation for foreign owners in expropriation actions in Türkiye will have the opportunity to use the safeguards introduced by the new period in favour of their clients.

Expected Effects from the Standpoint of Administrations

The annulment decision will produce significant consequences not only for owners but also for the administrations that exercise the power of expropriation. The metropolitan municipality, district municipalities, the General Directorate of Highways, the State Hydraulic Works (DSİ) and other administrations authorised to expropriate that operate in Antalya must pay attention to the following matters in the new period:

• Preparation of expert reports with a diligence that reflects the real value of the immovable.
• Ensuring that the prices offered in the purchase procedure are compatible with market realities.
• Reviewing project timetables in view of the fact that the expropriation process may be prolonged.
• More comprehensive documentation of the work of the administration's value-appraisal commission.

Expected Change in Judicial Processes

With the entry into force of the annulment provision, an increase in the workload of the appellate courts and the Court of Cassation in expropriation actions is expected. The opening to legal-remedy review of registration decisions rendered in the civil courts of first instance, foremost the relevant civil chambers of the Antalya Regional Court of Justice, is also a positive development in terms of ensuring uniformity of case-law. Practical changes will also be experienced at the land registry directorates in Antalya with respect to expropriation annotation and registration transactions.

The Possibility of Individual Application by Way of Constitutional Complaint

Owners who claim that their right to property has been violated on account of registration decisions rendered and finalised before the entry into force of the annulment decision may exercise the right of individual application to the Constitutional Court. In such applications, the grounds in the High Court's decision numbered 2026/38 constitute a strong basis.

Assessment of this matter by lawyers operating in Antalya in their pending files carries importance in terms of preventing losses of rights for clients. It should not be forgotten that the time limit for individual application is thirty days.

For general information on the actions and transactions connected with this subject, the explanations on our Antalya real estate law page may be examined.

For general information on the entirety of the procedures and principles relating to the subject, the land law page may be examined.