Administrative Law and Litigation in Türkiye

• Annulment action (iptal davası). Filed by those whose interests are affected by an administrative act that is unlawful in terms of competence, form, grounds, subject matter or purpose.
• Full-remedy action (tam yargı davası). Filed by those whose personal rights are directly harmed by an administrative act or action, to recover the loss.
• Administrative contract disputes. Disputes between the parties to administrative contracts made to run a public service, except concession contracts that provide for arbitration.

The court reviews legality, not expediency. Administrative courts cannot assess whether a decision was the wise choice, and cannot give a judgment that has the nature of an administrative act or removes the administration’s discretion (İYUK Art. 2(2)). In practice, the case is built on showing that the authority lacked competence, skipped a required procedure, relied on wrong facts, applied the law wrongly or used its power for a purpose other than the one the law gives.

Two rules on applications to the administration change the calculation:

• Silence counts as refusal. Anyone may apply to the administration for an act or action that could be the subject of an administrative case. If there is no answer within 30 days, the request is deemed refused and the action can be filed within the time limit (İYUK Art. 10(2)).
• An application to the superior authority stops the clock, but does not reset it. Before suing, the person concerned may ask the superior authority, or if there is none the authority that made the decision, to withdraw, amend or replace it. The application stops the time limit; silence for 30 days counts as refusal; when the period starts again, the time that ran before the application is counted (İYUK Art. 11).

That last point is the one most often misunderstood: an application made on day 50 leaves only ten days after the refusal.

Tax disputes go to the tax courts with a 30-day limit (İYUK Art. 7(1)). Customs penalties and duty assessments follow their own objection route first, explained on our customs disputes and penalty objections page.

If the loss comes from an administrative action, such as physical works or the conduct of officials, there is a mandatory first step. The person concerned must apply to the administration within one year of learning of the action, and in any event within five years of it. If the request is refused in whole or in part, or not answered within 30 days, the action is filed within the time limit (İYUK Art. 13(1)).

Zoning plans, parcelling decisions, building permits, occupancy permits and demolition orders are administrative acts and are reviewed by the administrative court where the property is located (İYUK Art. 34(1)). Cases arising from zoning plans and parcelling are among the decisions of the regional administrative courts that can be appealed to the Council of State (İYUK Art. 46(1)(g)). Missing permits also affect private transactions; see buying an apartment without an occupancy permit. Owners in a transformation area should also read our urban transformation page and the note on what the February 2026 amendment changed for owners.

Expropriation

Expropriation has two parallel tracks. When the administration cannot buy the property by agreement, it applies to the civil court of first instance where the property is located to fix the compensation and register the property in its name (Law No. 2942, Art. 10). Within 30 days of the notice from that court, or of the newspaper announcement for those who cannot be served, the owner can bring an annulment action against the expropriation itself before the administrative court, and an action to correct material errors before the civil courts (Law No. 2942, Art. 14). In co-ownership, each co-owner may sue alone (Art. 14). Urgent expropriation decisions follow the expedited procedure (İYUK Art. 20/A(1)(b)).

If the administration does nothing toward the purpose of the expropriation within five years of the compensation becoming final, the former owner or the heirs can take the property back by repaying the compensation with statutory interest; the right lapses one year after it arises, and special laws and certain kinds of expropriation are excluded (Law No. 2942, Art. 23).

Public tenders

A bidder or potential bidder that claims a loss from an unlawful step in a tender must first complain to the contracting authority and then appeal to the Public Procurement Authority; these administrative remedies must be exhausted before a lawsuit (Law No. 4734, Art. 54). The complaint is filed within ten days of the date the bidder became aware, or should have become aware, of the act (five days in tenders under Art. 21(b) and (c)), and before the contract is signed; the appeal to the Authority follows within ten days of the authority’s decision, or of the end of its ten-day decision period (Art. 55). Tender decisions, except debarment decisions, are then challenged under the expedited procedure: 30 days to file, no application under Art. 11 and no objection to a decision on a stay (İYUK Art. 20/A).

Licences, authorisations and regulators

Refusals, suspensions and revocations of business licences and sector authorisations are annulment cases. Actions against acts that prevent a particular commercial activity indefinitely or for 30 days or more, and actions against decisions of regulatory and supervisory boards, belong to the cases that can be taken from the regional administrative court to the Council of State (İYUK Art. 46(1)(e) and (n)). We have written on several such decisions: the health tourism authorisation certificate, revocation of an investment incentive certificate and suspension of authorised economic operator status. Market surveillance decisions are covered on our product safety page.

Administrative fines

As a rule, administrative fines are not challenged before the administrative courts. Under the Misdemeanours Law, an administrative fine can be challenged before the criminal court of peace within fifteen days of notification, and becomes final if no application is made (Law No. 5326, Art. 27(1)). Where the same act also contains decisions that belong to the administrative courts, the challenge to the fine is heard by the administrative court together with the annulment action (Art. 27(8)). The appeal rules of the Misdemeanours Law apply only where no other law provides otherwise (Law No. 5326, Art. 3(1)(a)), so the decision itself is read first.

Foreigners and residence decisions

Refusals and cancellations of residence permits and other decisions on foreigners are administrative acts and can be challenged before the administrative courts. The applicable time limits and conditions depend on the decision; our residence permit page and the guide to short-term residence permits and refusals explain the background.

A favourable judgment is not the last step. The administration must act in line with the judgment, or with a stay order, without delay and in any event within 30 days of notification (İYUK Art. 28(1)). If it fails to do so, an action for material and moral damages can be filed against the administration (Art. 28(3)). Money awarded is paid to the bank account notified by the claimant or the lawyer; if it is not paid within that period, it is enforced under the general rules (Art. 28(2)).

• Civil Litigation: contract, damages, property and inheritance disputes before the civil courts.
• Customs Disputes and Penalty Objections: customs penalties, duty assessments and the tax courts.
• Urban Transformation and Risky Buildings: owners’ rights in a transformation under Law No. 6306.
• Investment Incentives and State Aid: incentive certificates, revocation and recovery.
• Health Tourism Regulatory Compliance: authorisation and sector rules for clinics.
• Criminal Law: where an investigation runs alongside an administrative decision.
• Enforcing a Debt Against a Turkish Municipality: what can and cannot be seized.