I. INTRODUCTION

In the present day, where the energy transition is gaining momentum, one of the primary objectives of Türkiye’s energy policies is to increase investments in generation based on renewable resources and to make these investments more accessible. In this regard, the Energy Market Regulatory Authority of the Republic of Türkiye (“EMRA”) continues its regulatory activities aimed at strengthening sustainability, competitiveness, and investor confidence in the energy sector.

With the Board Decision No. 13885 (the “Decision”), published by EMRA in the Official Gazette dated 28/10/2025 and numbered 33061, an amendment was made to clause (a) of Article 10 of the List of Information and Documents Required to be Submitted in the License Application, which is included in Annex-4 of the Board Decision No. 13130-2 dated 26/12/2024 concerning the Procedures and Principles Regarding Applications for Preliminary License and License Transactions.

II. FUNDAMENTAL PRINCIPLES

1. Under Which Principles Does the Decision Set Out the Procedures Concerning the Site of the Generation Facility to Be Completed During the Pre-Licensing Stage?

The Decision regulates the procedures to be followed regarding the documentation of works and transactions that must be completed during the pre-licensing period in relation to the site where the generation facility will be established. Accordingly, (i) if the site is owned by the legal entity holding the pre-license, the title deed must be submitted; and (ii) if the site is not owned by the pre-license holder, the procedures for obtaining ownership or usage rights over the land where the facility will be constructed are to be followed.

This regulation, which was already in practice before the Decision entered into force, aims for investors to clarify the legal status of the site where the generation facility will be established during the preliminary license process. Thus, it is aimed at preventing potential uncertainties regarding the ownership or right of use from being carried over to the license stage.

The obligations and documents set forth in the relevant clause of the article forming the basis of the Decision shall be applied by taking into account the aforementioned distinction of ownership; it will be ensured that applications with different ownership statuses are evaluated within the framework of the procedures stipulated in the legislation.

2. What is the Procedure to be Followed for Applications Based on Solar and Biomass Energy?

It is required that privately owned immovable properties be registered in the name of the Treasury pursuant to Expropriation Law No. 2942, or that urgent expropriation decisions be obtained from the competent courts, and that the payment receipts evidencing that the relevant compensation amounts have been paid be submitted.

For applications based on solar and biomass energy, if the procedure above for privately owned immovable properties is not preferred, it has been regulated that the following procedure must be followed, provided that it is not less than 10 (ten) years and is compatible with the generation license duration:

• The establishment of a usufruct right, or
• The execution of a lease agreement, provided it is annotated to the title deed.

Therefore, with the Decision, it is envisaged that the legal status concerning the ownership or right of use of the immovable property shall be structured in a manner that ensures its validity and continuity throughout the license duration.

III. CONCLUSION

The Decision clarifies the current practice regarding the immovable properties where the generation facility will be established in renewable energy investments, allowing investors to secure the right of use through different legal means. Within this scope, the amendment has established an alternative legal framework by eliminating the obligation to apply expropriation and urgent expropriation procedures in solar and biomass-based projects. In this way, the right to private ownership has been preserved, while sustainable and predictable investment processes in the energy market have been promoted.

You can access the Decision via this link.

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