Section 3 · Agricultural legislation and restrictions

Law No. 5403 and the indivisibility of agricultural land

You cannot divide a field and sell it in parts: minimum agricultural land sizes and the Provincial Agriculture approval requirement

Under the Soil Conservation and Land Use Law (Toprak Koruma ve Arazi Kullanımı Kanunu, Law No. 5403), agricultural land cannot be divided, by inheritance or by sale, below the set minimum sizes, nor split into shares. A field cannot be split into shares and sold piece by piece. A sale made informally (by private written agreement) is invalid for lack of the official form. Even if a notarised promise to sell is valid, the part that contravenes Law No. 5403 cannot be registered in the land registry.

Step-by-step process

Determining the agricultural land class (District Directorate of Agriculture and Forestry). Determine which class the land falls into under the Soil Conservation Law No. 5403 (absolute agricultural land: 20 da, planted agricultural land: 5 da, covered cultivation: 3 da, marginal agricultural land: 20 da). Remember that the area cannot be divided below these limits.
Applying for the Provincial Agriculture transfer-suitability letter (Agricultural Infrastructure and Land Assessment Branch). For transactions on field-classified property such as subdivision, splitting into shares or transfer of a share, the opinion of the Directorate of Agriculture and Forestry is obtained (Regulation on the Transfer of Ownership of Agricultural Land, Art. 8). To speed up the process, follow the status of the file by visiting the District Agriculture office.
Co-owner check in the sale of a shared-title field (Land Registry Directorate). On a field below the indivisible size, the whole of a share can be transferred to a single person (including someone who is not a co-owner). Splitting the share and selling it to several people, or selling part of the share, is prohibited because it would increase the number of shares/co-owners (Law No. 5403 Art. 8(3)). The opinion of the Provincial/District Directorate of Agriculture and Forestry can be requested for the transaction (Law No. 5403 Art. 8/B; Regulation on the Transfer of Ownership of Agricultural Land, Art. 8).
Screening the owners of neighbouring agricultural parcels (Cadastre and title-deed register). Neighbouring parcel owners have no statutory pre-emption right; the only pre-emption right in Law No. 5403 concerns shares in a family property partnership (Art. 8/İ). Check in the title-deed register whether the parcel is subject to a family property partnership (aile malları ortaklığı).

Legal basis

Soil Conservation and Land Use Law (Law No. 5403) Arts. 8, 8/A, 8/B, 8/C
Amendments made by Law No. 6537 (rules on agricultural inheritance and transfer)
Ministry of Agriculture and Forestry Guide to the Transfer and Conveyance of Agricultural Land (Tarım Arazilerinin İntikal ve Devir Rehberi)

Key principles

Absolute agricultural land: minimum 20 dönüm (20,000 m²). On absolute and special-crop land, parcels below 2 hectares cannot be divided or sold in small pieces.

Planted agricultural land: minimum 5 dönüm (5,000 m²). On planted agricultural land such as vineyards, orchards and olive groves, the minimum parcel size is 0.5 hectares.

Covered cultivation (greenhouse): minimum 3 dönüm (3,000 m²). On greenhouse areas the minimum indivisible size is 0.3 hectares.

Marginal agricultural land: minimum 20 dönüm (20,000 m²). On absolute, marginal and special-crop land, the minimum size cannot be set below 2 hectares; the Ministry may increase it province by province.

Mistakes to avoid

Actually dividing a shared-title field through a notarised consent letter (muvafakatname) and selling it as a ‘hobby garden’ (risk of demolition and administrative fines).
Paying fees without obtaining the Provincial Agriculture Directorate's suitability opinion, and having the land registry appointment refused.
Trying to split a share below the indivisible size and sell it to several people or in part (prohibited because it increases the number of shares/co-owners; Law No. 5403 Art. 8(3)).

Checklist

Before selling agricultural land, the transfer-suitability criteria of the Provincial/District Agriculture Directorate must be reviewed.
On a parcel below the indivisible size, the whole of a share can be transferred to a single person (including someone who is not a co-owner); splitting the share or selling it in part is prohibited (Law No. 5403 Art. 8(3)).
In a Parselo file, the parcel's agricultural class under Law No. 5403 is analysed.

With Parselo

Based on the area and land classification you enter, Parselo states clearly in the report whether the parcel is above or below the indivisible size limits of Law No. 5403.

Official source: Ministry of Agriculture and Forestry Land Use Portal (https://www.tarimorman.gov.tr)

For information only; for definitive information, consult the official institutions and sources. This booklet was prepared by Parselo Coğrafi Bilgi Sistemleri; legislation may change, so confirm with the relevant institution before any transaction.

Step-by-step process

Determining the agricultural land class (District Directorate of Agriculture and Forestry). Determine which class the land falls into under the Soil Conservation Law No. 5403 (absolute agricultural land: 20 da, planted agricultural land: 5 da, covered cultivation: 3 da, marginal agricultural land: 20 da). Remember that the area cannot be divided below these limits.

Applying for the Provincial Agriculture transfer-suitability letter (Agricultural Infrastructure and Land Assessment Branch). For transactions on field-classified property such as subdivision, splitting into shares or transfer of a share, the opinion of the Directorate of Agriculture and Forestry is obtained (Regulation on the Transfer of Ownership of Agricultural Land, Art. 8). To speed up the process, follow the status of the file by visiting the District Agriculture office.

Co-owner check in the sale of a shared-title field (Land Registry Directorate). On a field below the indivisible size, the whole of a share can be transferred to a single person (including someone who is not a co-owner). Splitting the share and selling it to several people, or selling part of the share, is prohibited because it would increase the number of shares/co-owners (Law No. 5403 Art. 8(3)). The opinion of the Provincial/District Directorate of Agriculture and Forestry can be requested for the transaction (Law No. 5403 Art. 8/B; Regulation on the Transfer of Ownership of Agricultural Land, Art. 8).

Screening the owners of neighbouring agricultural parcels (Cadastre and title-deed register). Neighbouring parcel owners have no statutory pre-emption right; the only pre-emption right in Law No. 5403 concerns shares in a family property partnership (Art. 8/İ). Check in the title-deed register whether the parcel is subject to a family property partnership (aile malları ortaklığı).

Key principles

Absolute agricultural land: minimum 20 dönüm (20,000 m²). On absolute and special-crop land, parcels below 2 hectares cannot be divided or sold in small pieces.

Planted agricultural land: minimum 5 dönüm (5,000 m²). On planted agricultural land such as vineyards, orchards and olive groves, the minimum parcel size is 0.5 hectares.

Covered cultivation (greenhouse): minimum 3 dönüm (3,000 m²). On greenhouse areas the minimum indivisible size is 0.3 hectares.

Mistakes to avoid

Actually dividing a shared-title field through a notarised consent letter (muvafakatname) and selling it as a ‘hobby garden’ (risk of demolition and administrative fines).

Paying fees without obtaining the Provincial Agriculture Directorate's suitability opinion, and having the land registry appointment refused.

Trying to split a share below the indivisible size and sell it to several people or in part (prohibited because it increases the number of shares/co-owners; Law No. 5403 Art. 8(3)).

Checklist

Before selling agricultural land, the transfer-suitability criteria of the Provincial/District Agriculture Directorate must be reviewed.

On a parcel below the indivisible size, the whole of a share can be transferred to a single person (including someone who is not a co-owner); splitting the share or selling it in part is prohibited (Law No. 5403 Art. 8(3)).

In a Parselo file, the parcel's agricultural class under Law No. 5403 is analysed.