What Is the Preemption Right (Şufa), and How Is It Used?

If, in a co-owned (share-based) immovable, one of the co-owners wants to sell their share, do the other co-owners have a right to intervene in the sale? This is where the "preemption right" (şufa) comes in. Often arising, in particular, for units and plots that became share-based through inheritance, this right is not known to many. In this article we explain what the preemption right is and how it is used.

What is the preemption right?

The preemption right (şufa) is a right that gives, when one of the co-owners of an immovable subject to co-ownership sells their share to a third party, the other co-owners the opportunity to buy that share on priority. Its aim is to prevent outsiders from entering the co-ownership and to preserve the existing co-owners' integrity over the immovable.

This is a statutory preemption right regulated in the Turkish Civil Code; that is, being a co-owner is sufficient to have this right and no separate contract is required.

When can it be used?

The preemption right arises only under certain conditions:

• The immovable must be subject to co-ownership.
• One of the co-owners must sell their share to a third party (not a co-owner).
• The sale must be a genuine sale; the preemption right does not arise in transactions such as gifts.

If a co-owner sells their share to another co-owner, as a rule the preemption right cannot be used because the share has already stayed among the existing co-owners.

How is it used and what is the period?

The preemption right is exercised through legal action within a certain period from becoming aware of the sale. The right-holder co-owner files a preemption action and requests that the sold share be transferred to them on the same terms (based on the sale price and expenses). These periods are forfeiture periods; if the deadline is missed, the preemption right is lost. Notarial notification of the sale by the selling co-owner to the other co-owners starts the period.

Limits of the preemption right

The preemption right is not absolute. In a building where condominium ownership has been established and each independent unit has its own separate title, units are no longer subject to co-ownership, so the preemption right does not, as a rule, arise. Preemption arises rather in plots and share-based properties that are still under co-ownership. In addition, if there is de facto partition (co-owners actually dividing and using the immovable), the use of the preemption right may be limited.

Summary: The preemption right (şufa) is a statutory right that gives, when a co-owner sells their share to a third party in a co-owned immovable, the other co-owners the opportunity to buy that share on priority. It is used through legal action within a forfeiture period starting from awareness of the sale. As a rule it does not arise for units with separate titles under condominium ownership. For ownership and condominium matters, see our blog guides, and keep your building management organised with our digital tools.

Frequently Asked Questions

Do I have a preemption right over my neighbour's sale in my condominium unit?
As a rule, no. In buildings where each unit has its own title and condominium ownership has been established, units are no longer under co-ownership, so no preemption right arises.

What is the period for the preemption right?
An action must be filed within the forfeiture period set by law, starting from becoming aware of the sale. If the deadline is missed, the right is lost; notarial notification starts the period.

Does preemption apply if a co-owner sells their share to another co-owner?
As a rule, no. Preemption arises when the share is sold to a third party who is not a co-owner.

Related content

In connection with this topic, our articles on how the urban transformation decision is taken in a risky building, condominium ownership in an inherited unit and what timeshare is and how it differs from condominium ownership cover the subject in more detail.

This content is for general information only and does not constitute legal advice. For your specific situation, please consult a lawyer.