The Regulation on Leasing Uncultivated Agricultural Lands for Agricultural Purposes, prepared by the Ministry of Agriculture and Forestry, was published in the Official Gazette No. 32640 on August 22, 2024, and has come into effect. According to Article 5 of the Regulation, agricultural lands that are privately owned by individuals or legal entities and have not been cultivated for two consecutive years, excluding lands under the special ownership of the Treasury or under the control and disposition of the State, may be leased on a seasonal basis by the Ministry, provided that the land is used for agricultural production and its character is not altered.
A commission will be established by the Ministry to identify the lands to be leased. This commission, known as the Land Identification Commission, will convene under the chairmanship of the deputy provincial director or branch manager at the provincial directorate, and under the district director at the district directorate, and will consist of a total of five primary and two substitute members, including the chairman.
Uncultivated agricultural lands will be identified by the Land Identification Commission through studies based on cadastral parcel data, satellite images, geographic information systems, data obtained from other public institutions, and on-site land inspections. In determining uncultivated agricultural lands, the period from September 1 of the current year to August 31 of the following year, taking into account the harvest period, will be considered.
After identifying the uncultivated agricultural lands, fair rental prices will be determined for the lands included in the finalized list of uncultivated agricultural lands, and a List of Agricultural Lands for Lease will be created. In determining the fair rental price, at least three leased agricultural lands with similar characteristics in the same settlement area as the land to be leased will be identified as benchmarks. Special attention will be given to ensuring that rental prices for leases between relatives/shareholders, leases for social reasons, and other leases with special purposes represent market conditions. However, it is important to emphasize that the rental price cannot be lower than the fair rental price determined by the Land Leasing Commission.
The Land Leasing Commission will announce the finalized List of Agricultural Lands for Lease electronically and on the provincial directorate’s website for seven days and will accept lease applications during the announcement period. Those interested in leasing the announced agricultural lands can apply to the Provincial Directorate by completing the Agricultural Land Lease Application Form during the announcement period or through the Agricultural Lands Valuation and Acquisition Information System (TED Portal). It is mandatory for individuals applying as natural persons to be citizens of the Republic of Turkey.
Priority in leasing the relevant agricultural lands will be given to those residing in the settlement area where the land to be leased is located, as well as to non-governmental organizations and professional chambers. If there are multiple applicants from the priority groups, the lease will be awarded to the highest bidder among them. If there are no applicants from the priority groups, the lease will be awarded to the highest bidder among the other applicants.
The leased agricultural land will be handed over to the lessee with a Land Handover Report within fifteen days from the contract date. The leased agricultural lands will be registered in the systems determined by the Ministry, and the lessees will be entitled to agricultural support for these lands.
Although the rental fee will be paid by the lessees to the landowners, if the landowners or rights holders cannot be reached, the rental fee will be deposited in a public bank account designated by the Ministry, with interest accrued in a three-month term account allocated for the land. In the case of agricultural lands with disputed ownership, the accumulated rental income and its proceeds will be distributed to the rights holders in proportion to their shares once the dispute is resolved.
Finally, it should be noted that the lessee will be responsible for producing the products/product groups specified within the scope of the agricultural production planning on the leased agricultural land during the lease season, adhering to general agricultural production techniques, avoiding practices that would damage the soil structure, and preserving any perennial plants and fixed facilities on the land. If the lessee uses the leased agricultural land in violation of the regulation and lease contract, they will not be allowed to submit bids for leases under this regulation in the following year, without prejudice to the rights of the landowners.
You can access the links regarding the Regulation in question below:
https://www.resmigazete.gov.tr/eskiler/2024/08/20240822.pdf
https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=40928&MevzuatTur=7&MevzuatTertip=5
