New Regulations on Land Allocation, Share Transfers, and Surface Rights in Organized Industrial Zones

"The Regulation Amending the Implementation Regulation on Organized Industrial Zones", published in the Official Gazette dated November 6, 2026, and numbered 33422, introduced significant changes concerning the operation of Organized Industrial Zones (OIZs) and investment procedures.

Under the amendments introduced by the Ministry of Industry and Technology, the rules and procedures governing land allocation and preliminary allocation, changes in companies' shareholding structures, parcel transfers and leasing arrangements, and the establishment of surface rights in OIZs have been revised. In addition, new provisions have been introduced regarding allocation periods, representation at general assembly meetings, and the electronic signing of workplace opening and operating licenses, with the aim of establishing a more controlled, transparent, and efficient framework for OIZ operations.

Restrictions on Share Transfers in Companies Allocated Land

Under the new regulation, oversight of changes in the shareholding structures of companies granted preliminary land allocations or land allocations in OIZs has been strengthened.

Accordingly, if changes in share ownership exceeding 49% of the company's total shares are made without obtaining approval from the Ministry, the preliminary allocation or land allocation will be canceled.

Revised Scope and Transfer Conditions for Preliminary Allocations

The period during which preliminary allocation procedures may be carried out has been redefined.

Accordingly, preliminary allocations may be made in areas of legally established OIZs where site selection has been finalized, until the expropriation and infrastructure construction processes have been completed.

Furthermore, transfers of preliminary allocation rights are subject to the conditions specified in Article 61 of the Regulation.

Reallocation of Previously Canceled Land Parcels

The amendments introduce the possibility for participants whose land allocations have been canceled due to the expiration of the allocation period to regain the same parcel under certain conditions.

Accordingly, participants may submit a reallocation request before the refund of the original allocation fee has been completed.

If the OIZ approves the request and the Ministry grants its approval, the relevant parcel may be reallocated to the same participant at the current allocation price without initiating a new public allocation announcement.

However, no additional extension of the allocation period will be granted by the Ministry for reallocated parcels under Article 60(3) of the Regulation.

Mandatory Tender Procedure for Priority Allocation to Adjacent Parcel Holders

A specific provision has been introduced for participants operating on parcels that share a common boundary with newly available land parcels in OIZs.

Where participants who have obtained workplace opening and operating licenses and commenced production apply for the allocation of an adjacent parcel, a tender must be conducted for allocation priority to be granted.

Even if allocation by lottery has been designated as the applicable method, a tender procedure will be mandatory for this priority to apply.

If more than one participant meeting the same conditions submits an application, no applicant will be granted priority.

New Provisions on Surface Rights in OIZ Parcels

Article 63/A, newly added to the Regulation, establishes the principles governing the creation of surface rights in Organized Industrial Zones.

Under the new provisions, surface rights may be established in favor of third parties over designated areas of parcels owned by an OIZ and preliminarily allocated or allocated to participants, subject to the approval of the OIZ Board of Directors.

However, such surface rights cannot be established as independent and permanent rights, cannot be registered as separate immovable properties in the land registry, and cannot be transferred.

Greater Flexibility in Parcel Leasing Conditions

The amendments also introduce changes to the provisions governing the leasing of parcels within OIZs.

Where the participant and the prospective tenant jointly submit the land allocation application and this arrangement is explicitly stated in the allocation agreement, the condition set out in Article 63(1)(a) of the Regulation will not apply.

Mandatory Electronic Signatures for Workplace Opening and Operating Licenses

Under the new provision added to Article 42 of the Regulation, workplace opening and operating licenses issued within OIZs must be electronically signed through the online system.

New Rules on Representation at General Assembly Meetings

The provisions governing the representation of legal entities at OIZ general assembly meetings have also been updated.

Accordingly, where a legal entity is represented by persons authorized to act jointly, one of these authorized representatives may attend the general assembly meeting by submitting a written consent document signed by the other jointly authorized representatives.

You can access further details on this matter in the "The Regulation Amending the Implementation Regulation on Organized Industrial Zones" published in the Official Gazette. (In Turkish)