When buying farmland or an olive grove: the subdivision ban, share-creation permission, viable-income land sizes in Edremit and olive grove area rules, compiled.
In the Edremit Gulf, fields and olive groves are the property types that attract the most interest after residences. For these properties, what determines the purchase decision is not only price and location but also the limits imposed by Soil Conservation and Land Use Law No. 5403 and Olive Cultivation Law No. 3573. This guide does not address investment return; it covers the legal points to check before buying.
1. Land class and minimum size
Under Article 8 of Law No. 5403, agricultural lands are classified as absolute agricultural lands, special product lands, planted agricultural lands and marginal agricultural lands. The minimum agricultural land size is determined by the Ministry, and lands that reach the determined size acquire the nature of indivisible property.
The law also writes the lower limits of this size: it cannot be set smaller than 2 hectares for absolute, marginal and special product lands, 0.5 hectares for planted agricultural lands, and 0.3 hectares for lands where greenhouse (covered) farming is practiced. Agricultural lands cannot be subdivided or divided into shares below these sizes, and the number of shares and co-owners cannot be increased. The same article also provides that, in areas where plants requiring special climate and soil such as tea, hazelnut and olive are grown, smaller parcels may be created with the Ministry's favorable opinion.
2. Viable-income agricultural land size: Gulf districts
Under Article 8/A of the law, agricultural lands cannot be subdivided or divided below the viable-income agricultural land sizes determined in list No. (1) attached to the law. The values in the list for some districts of Balıkesir are as follows (decares):
- Edremit: irrigated 60, dry 120, planted 10, covered 3
- Burhaniye: irrigated 70, dry 170, planted 10, covered 3
- Havran: irrigated 80, dry 180, planted 10, covered 3
- Ayvalık: irrigated 60, dry 140, planted 10, covered 3
For which class a piece of land is assessed under and which value applies, you need to get information from the provincial or district directorate of agriculture and forestry.
3. Shared fields: the Ministry permission requirement
Under the paragraph added to Article 8/B in 2020, in agricultural lands the transactions of subdivision, share creation, transfer of shares, conversion of joint ownership into co-ownership in shares, transfer of joint ownership, succession as co-ownership in shares, partition and change of character are carried out with the Ministry's permission. In sale offers such as “1 decare share from a field”, you need to know that the transaction depends on this permission and that it is not clear in advance whether the permission will be granted.
For agricultural lands subject to inheritance, the law takes the transfer of ownership as the basis; if the heirs agree, the transfer transactions are completed within one year from the opening of the inheritance.
4. New restriction on cooperatives (2026)
Under the paragraph added to Article 8 by Law No. 7584 dated 11/6/2026, cooperatives subject to Law No. 1163 cannot acquire ownership and limited real rights over properties in areas whose agricultural character is to be preserved in zoning plans and in areas outside the plan that are subject to Law No. 5403; the acquisition by agricultural-purpose cooperatives is subject to Ministry permission. If a land purchase is offered through a cooperative, this rule must be asked about.
5. Non-agricultural use
Article 13 of the law restricts and subjects to permission the use for non-agricultural purposes of absolute agricultural lands, special product lands, planted agricultural lands and irrigated agricultural lands. For plans such as building a house on a field, setting up a vineyard house or subdividing and selling the land, this permit regime and the zoning status must be learned first.
6. Olive grove areas
Under Article 20 of Law No. 3573:
- Within olive grove areas and at a distance of at least 3 kilometers from these areas, facilities that leave chemical waste or emit dust and smoke that would hinder the growth of olive groves, except olive oil factories, cannot be built or operated.
- Olive cultivation areas cannot be narrowed. If olive grove areas within municipal boundaries are included in the zoning limits, total construction, including infrastructure and social facilities, cannot exceed 10% of the olive grove area.
- The removal of olive trees is subject to the Ministry's permission based on technical grounds; olive trees cannot be cut or removed unless there is an absolute necessity.
Checklist before buying
- Use TKGM Parcel Query to see the parcel's location, area and nature in the title deed.
- Clarify whether a whole parcel or a share is being sold in the title deed.
- In a share sale, ask the district directorate of agriculture and forestry whether Ministry permission is needed.
- Find out the land's class and the viable-income size restriction.
- Obtain the zoning status in writing from the municipality or the special provincial administration.
- If it is an olive grove, take into account the number of trees, the ban on cutting/removal and the construction rules around it.
- Read the annotations in the annotations section of the title deed.
Conclusion
In fields and olive groves, value depends largely on what the land can legally be used for. Learning in advance the limits on subdivision, share creation and construction reduces the risk that a transaction cannot be made at the land registry later. Aktif Emlak can help you compile title deed and parcel information in field and olive grove listings in the Edremit Gulf.
