Additional Article 22 Application: Recovering Forest Title Deeds Step by Step

What Is an Additional Article 22 Application?

An Additional Article 22 application is a request that the title deed of an immovable delimited as State forest by a finalised forest cadastre be accepted as valid free of charge, or that a previously cancelled title deed be returned to its former owner. The application is made to the administration; a positive outcome depends on the General Directorate of Forestry approving the application.

The general framework of the article, who it covers and how it differs from the 2/B regime are explained in detail in our Additional Article 22 guide. This article focuses directly on practice: how the application is prepared and which route to follow if it is rejected.

Antalya is among the provinces where forest cadastre work overlaps closely with tourism, agricultural and residential areas. For this reason, the number of immovables in Antalya whose title deed carries a forest annotation, or whose title deed was cancelled on forest grounds, is considerable.

Who Has the Right to Apply? Three Separate Groups

Additional Article 22 provides for three separate application groups according to the title deed status of the immovable. Before applying, it must be determined which group the immovable belongs to, because the time limit, the payment obligation and the person entitled to apply vary by group.

First Group: Immovables Still Registered in the Land Registry

This group covers immovables that are not registered in the name of the Treasury, were created under title deed, cadastre or zoning legislation and are still registered in the name of natural or legal persons. The application is made by the owner; for immovables whose cadastral determination is subject to litigation, the natural or legal persons who are parties to the lawsuit may apply.

If the General Directorate of Forestry approves the application, the existing title deed record is accepted as valid without any charge and the forest annotation in the land register is removed. The Law provides for the same result where the General Directorate of Forestry examines and establishes the accuracy of the title deed records of its own motion.

Second Group: Immovables with a Final Cancellation Decision Not Yet Executed in the Land Registry

This group covers immovables for which a court has ordered the cancellation of the title deed and the decision has become final, but has not yet been executed in the land registry. For these immovables to be processed under the article, one of two conditions must be met: either no payment was made in return for the value of the immovable under the court decisions, or the total payment made is repaid to the Treasury.

Third Group: Immovables Registered in the Name of the Treasury

This group covers immovables whose title deed was cancelled and which were registered in the name of the Treasury, either through execution of the decision or through voluntary relinquishment. The application is made by the former owners or their contractual and legal successors. The application must be made within two years from the date the article entered into force.

The immovable is returned to the person concerned if no payment was made in return for its value, or if the total payment made is repaid to the Treasury. For immovables in Antalya whose title deeds were cancelled years ago and which should have passed to heirs, the ability of heirs to apply is tied to the concept of legal successor.

Scope Check Before Applying

Not every immovable with a forest annotation can benefit from Additional Article 22. The Law expressly excludes certain types of immovables and places located in certain areas; checking this list before applying prevents loss of time and money. In Antalya, this check is especially important where pastures, olive groves and tourism areas intersect with forest boundaries.

According to the text of the Law, the article does not apply to the following immovables:

• immovables registered under Law No. 3573 on the Improvement of Olive Growing and the repealed Law No. 4753 on Providing Land to Farmers whose conditions of transfer have not been fulfilled,
• immovables nationalised against payment under Law No. 4785,
• immovables with old records that could not be applied in title deed, cadastre or zoning work, and immovables covered by Pasture Law No. 4342,
• places within culture and tourism conservation and development regions, tourism centres, tourism regions and tourism areas declared under Law No. 2634,
• forest areas with special status, places taken under the forest regime, burned forest areas, and immovables created by subdivision on account of permits and easements,
• immovables whose geometry and location on the ground are not known,
• places containing buildings and facilities related to the protection, production and development of forests.

The exception for tourism areas is particularly important for Antalya. Since a significant part of the Antalya coastline lies within tourism centres and culture and tourism conservation and development regions declared under Tourism Incentive Law No. 2634, the boundaries of these declarations must be checked before an application is prepared for an immovable in Antalya.

The Additional Article 22 Application Step by Step

The application process consists of determining the group of the immovable, gathering documents, applying in writing to the administration, making the required payments and the evaluation by the General Directorate of Forestry. The sequence below follows the conditions in the text of the Law.

Step 1: Obtain the Title Deed and Cadastral History

The current title deed record of the immovable, the annotations in the land register and the information on when the forest cadastre became final are the first documents to examine. Records obtained from the Antalya Land Registry Directorates and the cadastre directorate show which of the three groups the immovable falls into.

If the title deed has passed to the Treasury, the immovable is in the third group and the two-year period is running. For immovables in Antalya that have changed hands over generations, obtaining a complete title deed history is also necessary to prove legal succession.

Step 2: Collect the Court Files and Payment Records

If a title deed cancellation lawsuit has been heard concerning the immovable, a copy of the decision bearing the finality annotation and a record showing whether the decision has been executed in the land registry should be obtained. If the value of the immovable was paid to the owner under the court decision, the amount and date of the payment should be documented.

For immovables where payment was made, the condition for return is repayment of the total payment to the Treasury. The Law expressly provides that the amount to be repaid to the Treasury cannot be less than the current market value of the immovable. The market value is calculated by the General Directorate of National Property under Law No. 6292.

Step 3: Rule Out Excluded Cases

Before applying, it should be checked whether the immovable lies within a tourism area, pasture, burned forest area or forest area with special status. An application made for an immovable outside the scope cannot be expected to succeed.

Step 4: Apply to the Administration in Writing

The Law provides that the application is made to the administration and must be approved by the General Directorate of Forestry. The procedures and principles for implementing the article will be determined by the General Directorate of Forestry after obtaining the opinion of the Ministry of Environment, Urbanisation and Climate Change.

As of 5 October 2026, the date this article was prepared, no published text of procedures and principles concerning Additional Article 22 could be found on the announcements page of the General Directorate of Forestry. Which unit the application should be made to, and with which form and attachments, will become clear with that text.

Until the procedures and principles are published, it should be kept in mind that the two-year period continues to run, especially for owners in the third group. For this reason, making the application in writing, dated, with a document registration number and with provable content is important for later showing that the time limit was observed.

Step 5: Pay the Service Fee and the Required Amounts

Under the Law, the expenses incurred under the article are paid by the title deed owners into the accounts of the General Directorate of Forestry as a service fee. For immovables in the second and third groups, if a payment was made, repaying the total payment to the Treasury on the basis of at least the current market value is also a condition for return.

Step 6: Follow Up on the Outcome and the Land Registry Procedures

If the application is approved, in the first group the title deed record is accepted as valid and the forest annotation is removed; in the third group the immovable is returned to the person concerned. After the procedures under the article, the forest cadastre records are also updated.

Once the return takes place, no compensation or compensation for unlawful occupation (ecrimisil) can be claimed from the administrations under any circumstances. In addition, existing forest permits and leases on the immovable are deemed cancelled. In areas of Antalya used under forest permits, this result may also affect relationships with third parties.

What Happens to Pending Lawsuits During the Application?

Until the procedures under Additional Article 22 are concluded, lawsuits that would otherwise have to be filed by the forest administration or the Treasury are not filed. In ongoing lawsuits, the procedures under the article are treated as a preliminary question and the case proceeds according to their outcome.

During this process, the time limits for filing lawsuits concerning the immovable itself do not run. Pending lawsuits waived by the parties, including title deed cancellation and registration lawsuits, lawsuits for removal of the forest annotation and compensation lawsuits filed because of title deed cancellation, are declared devoid of subject; court costs are left on the parties and no attorney’s fees are awarded.

For owners with a title deed cancellation or forest annotation lawsuit pending before the Antalya courts, this provision requires the litigation strategy to be reassessed together with the application.

What If the Application Is Rejected?

The remedy against rejection of an Additional Article 22 application is not an annulment action before the administrative court, but the ordinary civil courts. The Law expressly provides that all disputes arising from the implementation of the article are heard by the civil court of first instance where the immovable is located.

Forest Law No. 6831, Additional Article 22

“All disputes arising from the implementation of this article shall be heard by the civil court of first instance where the immovable is located.”

Accordingly, a dispute concerning an immovable within the provincial borders of Antalya is heard by the civil court of first instance where the immovable is located. A lawsuit filed without observing the rules on subject-matter and territorial jurisdiction leads to loss of time through a decision of lack of jurisdiction.

Examining the Grounds for Rejection

The route to follow against a rejection decision depends on the grounds for rejection. Treating the immovable as outside the scope, refusing to accept the accuracy of the title deed record, finding that the application was not made in time, or a dispute over the amount to be repaid to the Treasury each create different evidentiary needs.

For example, in a rejection based on the immovable lying within a tourism area, the boundaries of the relevant declaration and the location of the immovable must be discussed technically. In such disputes in Antalya, examination by a mapping and cadastre expert often plays a decisive role.

Points to Note About Time Limits

The Law does not set a separate time limit for filing a lawsuit if the application is rejected or goes unanswered. However, for immovables in the third group, the application itself is subject to the two-year period; if this period is missed, filing a lawsuit against the rejection decision does not cure the consequence of having missed it.

Additional procedural rules on rejection decisions may be introduced with the publication of the procedures and principles. Owners preparing an application in Antalya are advised to follow the publication of this regulation. For owners living outside Antalya or abroad, having the application made in time through a representative is also decisive for preserving the two-year period.

What Happens If No Application Is Made?

The Law also provides for a consequence for immovables for which no application is made. Immovables smaller than three hectares that fall within the second or third group and are notified by the General Directorate of Forestry, and for which their owners or successors do not apply or the payment made is not repaid to the Treasury, may be disposed of by the General Directorate of National Property.

Registered or unregistered roads, gaps and similar areas between immovables may likewise be disposed of regardless of their size. For small-scale agricultural land and garden-type immovables in Antalya, this provision clearly shows the risk of postponing the application.