The Regulation on the Protection and Use of Agricultural Land (the “Regulation”) was published in the Official Gazette dated 4 April 2026 and numbered 33214, and entered into force on the date of its publication.
Through the Regulation, the procedures and principles regarding the identification of soil and land assets, the classification and improvement of agricultural land, the permission of non-agricultural use in cases of necessity, the protection of soil, and the preparation and implementation of soil conservation projects have been set forth.
Purpose and Scope
The Regulation sets out the procedures and principles governing the protection, classification, improvement, and planned use of agricultural land.
The Regulation concerns natural and legal persons having rights over or using agricultural land, investors requesting non-agricultural use, and the relevant administrative authorities.
Key Provisions Introduced by the Regulation:
Non-Agricultural Use of Agricultural Land:
- The protection of agricultural land is the fundamental principle, and non-agricultural use is permitted only in limited and exceptional circumstances.
- In applications for non-agricultural use, an alternative site assessment shall be conducted, and such demand shall primarily be directed towards planned areas or lands with lower agricultural value.
- In large plain protection areas, the use of agricultural land for non-agricultural purposes is prohibited as a rule. However, the Ministry may exceptionally grant permission for agricultural structures and activities for which a joint public interest decision has been taken, provided that no alternative site is available and the relevant board issues a favorable opinion.
- The use of prime agricultural land, land designated for special crops, and land under perennial crops for non-agricultural purposes is permitted only in limited and exceptional cases, provided that a soil protection project is duly implemented.
Soil Conservation Board:
- The Soil Conservation Board is tasked with conducting inspections, assessments, and monitoring activities aimed at the protection, improvement, and productive use of agricultural land, as well as formulating opinions on measures to protect soil and remedy soil-related issues.
Agricultural Structures and Land Evaluation Processes:
- The scope of agricultural structures has been defined, and structures serving production and storage activities are considered within this scope.
- It is stipulated that agricultural structures must be constructed in accordance with their approved projects and must not be used for purposes other than those intended; in case of non-compliance, the granted permits shall be revoked.
- It is provided that agricultural structures may not be subdivided (parcelized) or converted into building plots, except in cases of expropriation.
- It is envisaged that land survey reports shall be prepared in accordance with technical standards and shall form the basis for land use decisions.
- In applications for agricultural structures, the applicant is required to submit to the relevant provincial directorate a letter of undertaking, a technical project report, and, where necessary, a letter of consent.
- It is regulated that administrative sanctions shall be imposed in cases of unauthorized use or use contrary to the designated purpose.
Demolition of Unauthorized Structures:
- It is stipulated that where unauthorized structures are identified, the relevant municipalities or special provincial administrations shall be notified and required to carry out the demolition and restore the land to a condition suitable for agricultural production. In the event of non-compliance, the Ministry may demolish or cause the demolition of such structures, and the costs shall be collected from the relevant authority with a surcharge.
Under the Regulation, compliance with land use plans is mandatory, unauthorized use in areas designated for the protection of agricultural characteristics is not permitted, and any amendments to such plans require the Ministry’s approval.
Permits granted for land use shall become invalid if not utilized within the prescribed period and may not be used for purposes other than those for which they were granted. Permitted activities are subject to inspection, and in the event of non-compliance, the necessary administrative measures may be taken, including the restoration of the land to its original condition.
The full text of the Regulation is accessible via this link. (Available in Turkish only)
