Key Amendments To The OIZ Regulatıon

The Regulation Amending the Organized Industrial Zones Implementation Regulation (“Amending Regulation”) was published in the Official Gazette dated 6 November 2026 and numbered 33422. The Amending Regulation introduces significant changes of particular relevance to investors in organized industrial zones (“OIZ”), particularly with respect to the transfer of pre-allocations, investment periods and the establishment of rights of superficies. The key amendments are as follows:

Share Transfers in Allottee Companies

Previously, a land allocation was subject to cancellation if changes in a company’s shareholding structure exceeded 49% in aggregate without the approval of the Ministry of Industry and Technology (“Ministry”).

The Amending Regulation extends this sanction to pre-allocations. Accordingly, a pre-allocation or land allocation will be cancelled if changes in a company’s shareholding structure exceed 49% in aggregate without the Ministry’s approval. The relevant pre-allocation and land allocation agreements must also include this requirement.

Transfer of Pre-Allocations

The Amending Regulation now allows the transfer of pre-allocations. However, a pre-allocation will be cancelled if it is determined that company shares have been transferred without the Ministry’s approval for the purpose of transferring the pre-allocation. The pre-allocation agreement must also set out the terms and conditions governing the calculation and payment of any refund in the event of cancellation or relinquishment of the pre-allocation.

In addition, pre-allocations may be granted, subject to the Ministry’s approval, in areas where the site selection process has been finalised within OIZs that have acquired legal personality, until expropriation and infrastructure construction have been completed.

Investment Periods and Re-Allocation

Previously, parcels whose allocations had been cancelled due to the expiry of the relevant periods could not be re-allocated without the Ministry’s approval.

Under the Amending Regulation, a participant whose allocation has been cancelled due to the expiry of the relevant periods may request the re-allocation of the same parcel to it before the allocation fee is refunded. If the OIZ approves the request and the Ministry’s approval is obtained, the parcel may be re-allocated to the same participant at the current allocation price without a new announcement.

Furthermore, even if the OIZ cancels an allocation while the Ministry is reviewing an application for an extension of the relevant period, the cancellation will be deemed null and void if the Ministry approves the application and no legal or factual impediment exists.

Establishment of Rights of Superficies

Rights of superficies may be established over designated areas of OIZ-owned parcels subject to pre-allocation or land allocation, in favour of third parties nominated by the allocation holder and approved by the OIZ board of directors. Such rights must not qualify as independent and permanent rights, may not be transferred and may not extend beyond the allocation period.

The participant’s existing obligations will remain in force, and the participant will be jointly and severally liable for any acts of the beneficiary that violate the applicable legislation. However, the construction licences and permits obtained by the beneficiary will satisfy the licensing and permitting requirements applicable to the participant in connection with its construction obligations and deadlines.

A right of superficies may not be established over industrial parcels allocated free of charge or partly free of charge before ownership of the parcel has been transferred to the participant.

Rights of superficies that do not qualify as independent and permanent rights may also be established over industrial parcels owned by participants.

Other notable amendments introduced by the Amending Regulation are as follows:

• Workplace opening and operating licences must now be signed electronically through the online system.
• If the participant and the tenant submit a joint application at the allocation stage and record this arrangement in the allocation agreement, the requirement that at least one year must have elapsed since the participant obtained title to the facility, free of any repurchase annotation, will not apply to the lease.
• A tender is now mandatory before priority may be granted to participants that hold a business opening and operating licence and have commenced production on parcels directly adjoining the advertised parcel. A tender must be held even where the allocation method is otherwise a lottery, and the parcel will be allocated at the price determined through the tender. No priority will be granted if more than one applicant meets the same eligibility criteria.

The Amending Regulation entered into force on 6 November 2026.