Against an ecrimisil notice sent by a municipality or the Treasury, an administrative application and an annulment action may be filed, after investigating who used the property, in what period, over what area and on what legal basis. A special correction application for Treasury property is not the same as a general administrative application. The general period for an annulment action against the notice is 60 days, but the type of application, the nature of the document served and whether a new correction notice has been issued all change how that period is calculated. Filing a lawsuit does not automatically stop collection.
Statements such as "I have been using the same place for years", "I already paid another amount to the municipality" or "the amount demanded is too high" do not lead to a result on their own. An effective review separates ownership and the power of disposal, the legal basis for the use and the fee calculation. This article addresses the ecrimisil demanded by the administration for the unauthorized use of public property. Compensation for unjust use claimed between heirs, co-owners or private persons is not subject to the same litigation route.
What is ecrimisil, and how does it differ from rent?
Administrative ecrimisil is the fee arising from the use of public property without a valid legal permission or relationship. Its main basis is Article 75 of the State Tender Law No. 2886 (Devlet İhale Kanunu). Article 15 of the Municipality Law No. 5393 (Belediye Kanunu) extends these provisions to municipal property. For Treasury property, the Regulation on the Administration of Treasury Immovables (Hazine Taşınmazlarının İdaresi Hakkında Yönetmelik) and the related national real estate (Milli Emlak) regulations are also important. Disputes between heirs over ecrimisil are discussed in Residence in an Inherited Home and Ecrimisil.
For ecrimisil, the administration is not required to prove separately its own loss or the user's fault. However, the absence of any connection to the property, a continuing valid lease, or the administration's lack of authority to claim the area can change the outcome. Being a former partner in a company, having your name on a previous licence for a workplace, or owning a neighboring parcel in the land registry does not automatically create liability for every period.
Paying ecrimisil does not make the payer a tenant. Payment also does not give a continuing right of use that prevents eviction. For use after a lease has ended, it must be examined whether the lease actually ended and whether a valid renewal exists. A bank receipt that says "rent" does not by itself replace a lawful letting decision by the competent authority.
Which documents should be reviewed when the notice arrives?
The first task is to establish the date of service and the name of the document. An "ecrimisil notice", an "ecrimisil correction notice" and a "payment order" are not the same document. In particular, the period for challenging a payment order must not be confused with the period for challenging the first ecrimisil calculation.
The file should contain the following documents together:
- The notice, its annexes and the service document; if electronic notification was used, the dates of access and of deemed service.
- The property finding record, sketch, coordinates and measurement of the area used.
- The decision of the ecrimisil assessment commission and the detailed calculation table.
- Land registry records, allocation or possession records showing the power of disposal; where needed, the zoning plan and plan explanations.
- The lease agreement, handover record, permits and previous payments.
- Records showing the start and end of the use, such as handover, eviction, utility subscriptions, activity records and photographs.
Requesting the documents from the administration is useful, but an information request does not automatically suspend the litigation period. If the file has not yet been obtained, an application or action can be prepared while the period against the existing notice is preserved, and the court can be asked to obtain the incomplete administrative file.
On what grounds can ecrimisil be challenged?
Errors in the user, period and area
Ecrimisil must be linked to the actual use during the relevant period. The period before a business was taken over, the months after the property was handed over, and the use by another company operating at the same address are examined separately. The rule that the look-back period is at most five years, counted backward from the date of the finding, is also checked against the start and end dates. This rule is not the same issue as the limitation period for collecting an accrued claim. For users in forest or 2/B areas, Land Registry Cancellation on Forest and 2/B Properties may also be reviewed.
Where the enclosed area of a business is 80 square metres, the passage around it and the section used by everyone may also have been included in the calculation. In such a case, instead of a general objection that the area is too large, the boundaries should be shown on a sketch and the part where the actual use takes place should be explained. For seasonal businesses, the period of use and the possibility of year-round use are considered together; the fact that a business does not accept customers in some months does not mean in every case that the occupation has ended.
The fee does not match comparables or the manner of use
In assessing the fee, the location of the property, its purpose of use, its physical characteristics, its area and its income-earning potential matter. Not every nearby lease is a suitable comparable. There are differences in use and economic value between a car park, a boat mooring area, an open garden and an enclosed commercial shop. The date of the comparable, its lawful type of use, and whether it confers the same rights must be explained.
For Treasury property, different criteria and lower limits apply depending on the type of property. A rate envisaged for one type of property cannot be applied to all public property. An objection should show for which year and which use the comparable fee was set, how the increase between years was made, and whether the area multiplication is correct.
The administration lacks ownership or power of disposal
The area may fall within the authority of a metropolitan municipality, a district municipality, the Treasury or another public legal entity. The absence of a land registry entry does not mean that every administration can claim ecrimisil from that place. For places such as roads, squares, green areas and the coast, the planning function and the management and disposal powers must be investigated separately. For the question of whether the property is public property, see Land Registry Cancellation on the Claim of Treasury or Public Property.
Where a payment has been made to another administration for the same place, it must be determined which area and period the receipt covers. A second claim cannot be considered automatically invalid, and it cannot be assumed that the first payment will be offset automatically. First, it must be clarified which administration is competent for which part.
How do objection and litigation periods work for Treasury ecrimisil?
Under Article 86 of the Regulation on the Administration of Treasury Immovables, a correction request may be filed within 30 days from service of the notice. This special route should not be treated in the same way as the general administrative application under Article 11 of the Administrative Procedure Law No. 2577 (İYUK). As explained in the Council of State decisions below, service of an ecrimisil correction notice issued upon request may start a new period for bringing an action.
| Document or action | Basic period approach | Point to note |
|---|---|---|
| Treasury ecrimisil notice | 30 days for a special correction request; as a rule 60 days for a direct annulment action | The date of service and the special regulation are reviewed together. |
| Correction notice | As a rule 60 days against the new notice issued after a special application | The act must actually be of the nature of a correction notice. |
| Municipal ecrimisil act | As a rule a 60-day action period; the applicable application procedure is determined separately | The special Treasury procedure does not automatically transfer to every municipal act. |
| Payment order under Law No. 6183 on the Collection of Public Receivables (6183 sayılı Kanun) | Special 15-day period against the payment order | It cannot be assumed that the period for suing against the first notice restarts. |
Where a proper application is made under Article 11 of the Administrative Procedure Law, the running litigation period is suspended. If the application is rejected, or no reply is given within 30 days, the remaining period runs, taking into account the period that had already elapsed. By contrast, not every petition headed "objection" is an application under Article 11. The competent authority, the content of the request and the date of application are important.
It should not be assumed that a period stays protected indefinitely while a reply to a special correction application is awaited. In particular, where municipal acts are involved or the legal nature of the correspondence is unclear, the right to sue arising from the first service must be preserved. Repeating the same request after the litigation period has expired does not, as a rule, revive the lapsed period.
How are payment, discounts and collection distinguished?
Under the current Article 87 of the Regulation on the Administration of Treasury Immovables, the payment period for ecrimisil and the correction notice is 60 days. The 30-day payment period found in older texts should not be used without checking the current regulation. The difference between the 30-day period for a correction application and the payment period is especially important.
If the conditions are met, a 20% reduction linked to not objecting and a 15% reduction linked to advance payment may apply to Treasury ecrimisil. Where both conditions occur together, the relevant regulation provides for a total reduction of 35%; a result of 32% from successive percentage calculations should not be used. The effect of an objection, a lawsuit, a waiver or a preference for instalments on the discount is evaluated on the basis of the file. Where the municipality's claim applies these reductions, the legal basis for doing so is checked separately.
Paying the amount may reduce the risk of forced collection. However, payment does not extend the application period. It should be understood that the right to sue and the conditions for benefiting from the discount may have different consequences. If an annulment decision is obtained, the refund of the amount collected and any claim for interest are considered according to the scope of the judgment and the relevant applications.
Annulment action and stay of execution
For an administrative ecrimisil notice, the competent court is, as a rule, the administrative court. Venue in a dispute concerning property is determined by the place where the property is located, under Article 34 of the Administrative Procedure Law. Ecrimisil actions between private persons, however, fall under a different branch of jurisdiction.
The petition must state clearly whether the annulment of the act is sought in full or only for a particular period, area or amount. A narrative that denies the use entirely should not be combined haphazardly with one that challenges only the fee calculation. The administration's file, suitable comparables and, where necessary, an on-site examination (keşif) and an expert review should be requested.
Under Article 27 of the Administrative Procedure Law, a stay of execution requires that a clear breach of law and damage difficult or impossible to remedy be shown together. Stating a high amount alone may not be sufficient. Blocked accounts, a cut-off of the cash flow needed for the business, or concrete collection steps should be documented. It should not be assumed that filing a lawsuit by itself stops collection before the court has decided.
What do actual Council of State (Danıştay) decisions show?
A new litigation period for a special correction application
In its decision dated 23.02.2015, E.2015/465, K.2015/132, the 17th Chamber of the Council of State (Danıştay 17. Dairesi) distinguished the special correction route under the Regulation from the general application under Article 11 of the Administrative Procedure Law. It accepted that the litigation period must be reassessed from service of the correction notice, and reversed a judgment that had dismissed the action as time-barred on the basis of the days remaining under the earlier notice. The decision was published in issue 138 of the Council of State Journal (Danıştay Dergisi). The old payment period mentioned in the decision text should not be treated as the current payment rule. [1]
Comparable review may also produce a result against the claimant
In its decision dated 02.12.2024, E.2023/5827, K.2024/7366, the 4th Chamber of the Council of State examined the fee set for use on the coast. The Chamber found that the expert had not sufficiently evaluated a rental comparable that might have been suitable, and that the reasons for the discounts were problematic. It reversed the part of the judgment that had annulled a portion of the ecrimisil. This decision shows that the approach "if the expert lowers the fee, the case is won" is not correct. The choice of a comparable and the reasoning for excluding it are equally open to review. [2]
The competent administration and the type of use must be examined together
In its decision dated 03.12.2024, E.2023/12482, K.2024/6933, the 4th Chamber of the Council of State discussed the authority of the metropolitan and district municipalities, the planning function of the area and the fee calculation. The Chamber did not consider it sufficient to reach a conclusion without an adequate review of planning and disposal powers, or to proceed from comparables that do not match the type of use. The reversal shows concretely that focusing only on the price per square metre would leave the analysis incomplete. [3]
Conclusion
A strong ecrimisil file breaks down the grounds of objection under the headings of period, person, area, authority and fee. The special correction route for Treasury property and the application procedure applicable to a municipal act must be assessed separately. Using a single period calculation for the first notice, the correction notice and the payment order can cause serious loss of rights. Before deciding on an application, a payment or a lawsuit, the service records and the administrative file should be reviewed together.
Related articles: Eviction from Municipal Property: Expiry of the Lease, Law No. 2886 and Annulment Action; Refusal to Grant a Workplace Opening and Operating Licence: Rejection of the Application, Delay and Litigation Routes; Objecting to Licence and Occupancy Permit (iskân) Fees Demanded by the Municipality: Fees, Participation Charges and Refund of Overpayments.
Frequently Asked Questions
If I pay ecrimisil, do I become a tenant?
No. Paying ecrimisil does not by itself create a lease agreement or a continuing right of use. The possibility of eviction is assessed separately.
How many days do I have to object to a Treasury ecrimisil?
Under Article 86 of the Regulation, a special correction request is provided for within 30 days from service. The general 60-day period for an annulment action and the effect of the special application must be calculated together.
Does filing an ecrimisil lawsuit stop payment?
Not automatically. If the conditions are met, a stay of execution is requested. If a payment order or another collection act has been served, the periods for those must be protected separately.
What if a municipality and the national real estate authority (Milli Emlak) demand fees for the same area?
The area, period and power of disposal covered by each claim are compared. A payment to one administration does not automatically eliminate the other claim in its entirety.
If the fee is very high, is an expert review alone enough?
No. Correct comparables, the measurement of the area, the manner of use and the year-by-year calculation must be explained with concrete documents. An expert report is also subject to court review as to its reasoning and method.
Sources and legal bases
- Council of State Journal (Danıştay Dergisi), issue 138; 17th Chamber, 23.02.2015, E.2015/465, K.2015/132, pp. 526-528.
- Council of State, 4th Chamber, 02.12.2024, E.2023/5827, K.2024/7366 — official decision text.
- Council of State, 4th Chamber, 03.12.2024, E.2023/12482, K.2024/6933 — official decision text.
- State Tender Law No. 2886 (Devlet İhale Kanunu), especially Article 75; Municipality Law No. 5393 (Belediye Kanunu), Article 15.
- Regulation on the Administration of Treasury Immovables (Hazine Taşınmazlarının İdaresi Hakkında Yönetmelik), especially Articles 85-87 — consolidated text; Milli Emlak General Communiqué No. 336 (336 sıra sayılı Milli Emlak Genel Tebliği), discount provisions. The old payment period in the Communiqué has been replaced by the current provision of the Regulation.
- Administrative Procedure Law No. 2577 (İdari Yargılama Usulü Kanunu), Articles 7-8, 11, 27-28 and 34 — consolidated text; Law No. 6183 on the Collection of Public Receivables (6183 sayılı Kanun), Article 58.
Legal research date: 14 October 2026. These explanations are for general information only; a precise deadline or outcome cannot be determined without examining the actual service and administrative file.