The electricity consumption of a field, a hotel, a factory and a construction site cannot be calculated on the same assumption. The crop and irrigation season, shifts, the open period, pump capacity and acceptance documents affect both the nature of the use and the amount. An assessment made in the name of “unauthorized use” for a solar plant (GES), on the other hand, sometimes arises not from consumption legislation but from the special provisions on unlicensed generation.
The source check date of this guide is October 9, 2026. The 2025 amendments to the Electricity Market Consumer Services Regulation (EPTHY) and the amendment of April 2, 2026 to the unlicensed generation legislation have been evaluated together. [1][3]
The first question: Does the act arise from consumption or from generation?
The title of the document sent to a business is not sufficient on its own. Consumption outside the meter, interference with the metering system, incorrect declaration of capacity and operating a generation facility without acceptance are different legal events.
| Event | Regime to examine first |
|---|---|
| Allegation of energy consumption outside the meter | EPTHY Articles 42–47 |
| Capacity increase without notification or other irregularity | EPTHY Article 48 |
| Notification by the State Hydraulic Works (DSİ) of an energy limit / well certificate | EPTHY Article 48/4–5 and the groundwater regime |
| Operating a solar plant before acceptance | Unlicensed Electricity Generation Regulation Article 37/13 |
| Failure to establish a subscription or construction-site connection | Connection, consumer services and the relevant zoning provisions |
This distinction determines the correct counterparty, the document request, the calculation and the route of application. A private company’s claim for payment and the route against an administrative authority’s permit or disconnection act may not be the same.
What data is required in agricultural irrigation?
The calculation of consumption depends not only on the size of the field but also on the crop, climate, irrigation method, water source and pump information. A general assumption such as “everyone in this region irrigates at the same hour” should not be substituted for the crop and activity data that the regulation requires.
EPTHY Article 44/2 sets the utilization factor at 1 for agricultural irrigation. Article 45/3-b provides that hours are first obtained on a crop/activity basis from the relevant provincial/district directorate of agriculture and forestry or from universities. If this data cannot be obtained, the number of days is obtained from the institutional sources listed in the regulation and an 8-hour approach is applied. [1]
The following documents are useful in the file:
- The Farmer Registry System and crop planting information.
- The parcel, the planted area and the irrigation method.
- Institutional data on the irrigation season and the crop’s actual water requirement.
- Pump, motor and well records and, if any, flow-rate records.
- Records of breakdowns, drought, rainfall, inactive periods and alternative energy.
- Meter readings, disconnection-reconnection records and earlier inspection reports.
These documents do not by themselves remove the existence of the unauthorized act; they make it possible to determine the consumption and the period correctly. The act, the person and the audit of the calculation must be examined separately.
Pump capacity, duration and reconnection of disconnected electricity
The capacity stated on the motor plate, the capacity determined in the field and the contract capacity should not be confused with one another. Which method could be applied should be explained in the report; technical unit conversions should also be visible. Where several persons use the same well, the period and user records are examined separately.
In calculating the unauthorized reconnection of disconnected electricity, EPTHY Articles 44/4 and 45/2 contain, unlike the general time cap, a 360-day limit for agricultural irrigation sites; the exception in Article 32/2 is reserved. This limit does not mean that every field is necessarily irrigated for 360 days. The meter reading, the disconnection date and the calculation method are evaluated together. [1]
The 20 percent increase that the absence of a contract has on daily operating hours should also be shown separately where it can be applied. This is why, in farming files, it is important not to settle for the kWh result alone.
State Hydraulic Works certificate and disconnection due to the energy limit
If the annual amount of energy required for the maximum water stated in the groundwater use certificate is exceeded, EPTHY Article 48/4 provides for a disconnection to be carried out by the distribution company, upon notification by the State Hydraulic Works, within seven days at the latest. There are also special conditions for reconnection without the required document. [1]
This act is not in every case proof of consumption outside the meter or of the offense under Turkish Penal Code (TCK) Article 163/3. The administrative basis relating to the water use permit and the energy limit must be examined. The Regulation separately provides, in relation to disputes arising from a disconnection following a State Hydraulic Works notification, for responsibility of the State Hydraulic Works. [1, Art. 48/5]
In preparing the objection, the State Hydraulic Works letter, the amount in the certificate, the consumption period and the match between the well and the meter should be requested. The administrative part of the act and the separate assessment made by the distribution company should be kept apart; the competent court and the time limits should be determined for each act. An ordinary invoice objection to the company does not replace the route for annulment of an administrative act.
Hotels and seasonal businesses
EPTHY Article 45 sets the average daily operating hours for tourist facilities at 10. However, this hours value is different from the number of days of operation. The claim that a hotel is closed in winter should be shown with dated and consistent business records. [1]
Occupancy, reservation, personnel, accounting, maintenance, pool and air-conditioning records may be used. Even on days when no guests are received, there may be security, cooling or maintenance consumption; the explanation “it was closed” should not turn into an assumption that all consumption was zero.
In an undisputed same-period calculation, a season-to-season comparison is particularly important. Why a comparison of a full-capacity open summer month with a renovation period was considered appropriate must be explained. In a specific file, the choice of the correct method cannot be left solely to the figure that the operator or the company finds most favorable.
Factory, cold storage and charging business
In industry, the number of shifts directly affects consumption hours. Under EPTHY Article 45/5, the company/place-of-use records are considered first and, if determination is not possible with them, official documents. Assuming three shifts at a workplace merely by looking at it from the outside is not sufficient. [1]
There is a 12-hour provision for cold storage facilities and vehicle charging stations. For each of these, the correct consumer group and the true nature of the activity should be investigated. The presence of more than one activity in the same place makes it important under which metering and contract arrangement the consumption is separated.
Production stoppage, maintenance, capacity and shift records may strengthen the objection to the calculation. By contrast, the fact that records were prepared only after the dispute, or that they conflict with other documents, affects their evidentiary value. Existing records should be preserved with their original date and integrity.
Solar plants (GES): The special consequence of generating before acceptance
Article 37/13 of the Unlicensed Electricity Generation Regulation was rearranged by the amendment dated April 2, 2026. For a generation facility that was installed and put into operation without the acceptance procedures having been completed, the consequences differ depending on whether there is a call letter or a connection agreement. [3, amendment Art. 21]
For a facility without a call letter or connection agreement, in addition to disconnection from the grid, the equipment is to be dismantled and removed from the parcel within 60 days following the finding, and a three-year ban on applications is provided. A facility for which a call letter has been served or a connection agreement signed but for which acceptance has not been completed is also disconnected from the grid. In both cases there is a special assessment calculation. [3]
The formula in the 2026 regulation
Assessment = mechanical installed capacity × capacity utilization rate × 90 × 24 × active energy charge.
In the formula, mechanical installed capacity is taken in kWm; the capacity utilization rate is 0.20 for solar and 0.35 for wind. The active energy charge is the retail single-rate active energy charge of the subscriber group of the relevant consumption facility. This is not the same formula as the general twofold consumption calculation in EPTHY. [3]
If the violation within the scope of the sub-paragraph concerning facilities without a call letter/connection agreement continues, 60-day reviews and a repeat assessment increasing to twice the previous amount are provided for. It is not correct to extend this special consequence, without stating its conditions, to all solar plants or to all unauthorized consumption.
With which documents is it audited?
The call letter and its service, the connection agreement, the project, the acceptance application and the acceptance record, the date of commissioning, inverter/generation records, and the mechanical and electrical capacity values should be compared. There may be a difference between a facility merely having been installed and its having been put into operation; the finding should explain this.
The relevant provision of the 2026 amendment entered into force on the date of its publication. Which text applies to an act from an earlier period, and subsequent repeat actions, should be examined separately. A technical company’s statement that “installation is complete” does not mean that the competent acceptance procedure has been carried out. [3, Art. 21, 26]
Construction-site subscription and the occupancy permit problem
The occupancy permit, the connection, the temporary subscription and the correct metering of consumption are different issues. The fact that a subscription has not been granted does not make unauthorized interference with the distribution system lawful. Likewise, the provision of temporary electricity does not make a building lawful in every zoning respect.
If an application is rejected, the dates of the building and of the application, the permit, the status of use and the relevant temporary zoning provisions should be examined. The conclusion that “every building without an occupancy permit must be given a subscription” cannot be drawn without seeing the conditions of the temporary article and the date thresholds. The transition from construction-site consumption to residential use should be dealt with under the correct consumer group and contract arrangement. [1][6]
Lawsuit and urgent-protection file
A high amount in a business does not mean that the case is always a commercial case; the parties and the nature of the transaction are determined. Where there is an act of the State Hydraulic Works or another administrative authority, the administrative-court dimension is separated out. The correct defendant, claim and time limit are chosen act by act. [2][5]
If the disconnection will cause loss of crops or a production stoppage, prima facie proof and the damage must be made concrete in an interim injunction request. Merely writing a high turnover is not sufficient. Records of stock, season, orders, technical continuity and alternative solutions are added. If the damage has occurred, the amount and the causal link are proved separately. [2, Arts. 389–392][4]
Frequently asked questions
Is it correct to assume eight hours every day in farming?
The legislation first looks for institutional hours data on a crop and activity basis. The eight-hour approach is a secondary method in which the relevant day data is used; it is not an automatic assumption for the whole year.
If the hotel is closed, can there be no debt at all?
Closed-period documents are important; however, whether there is maintenance or other consumption is also examined. Closure alone does not resolve the whole allegation.
If a solar plant has a call letter, can it generate without waiting for acceptance?
A call letter does not replace the acceptance procedure. Commissioning before acceptance may trigger the special consequences of Article 37/13.
Does an objection to the distribution company preserve the time limit against a State Hydraulic Works act?
These acts may be different. The jurisdiction and time limits for the State Hydraulic Works’ underlying act and for the distribution assessment should be examined separately.
Conclusion: Bring the sector’s real operating pattern into the file
In a business dispute, the correct legal result can be built with actual activity data. The crop and season in the field, the open period at the hotel, the shifts at the factory, and acceptance and capacity information for a solar plant should be placed at the center of the calculation. Once the consumption, generation or administrative-permit dimension of the act is separated, the basis of the objection and the protection sought emerge more clearly.
For the general calculation rules see the guide on the charge amount, for urgent protection the guide on disconnection and enforcement, for the routes of application the guide on lawsuits, and for the whole series the main guide.
Sources and legal bases
- Electricity Market Consumer Services Regulation (Elektrik Piyasası Tüketici Hizmetleri Yönetmeliği). Energy Market Regulatory Authority (EPDK) / Legislation Information System (Mevzuat Bilgi Sistemi). May 30, 2018 / No. 30436; Articles 42–49 and 52, in particular, including the amendments of January 14, 2025 / No. 32782.
- Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu). Ministry of Justice (Adalet Bakanlığı). Articles 190, 199, 266–293, 389–400 and following.
- Amendment to the Unlicensed Electricity Generation Regulation in the Electricity Market (Elektrik Piyasasında Lisanssız Elektrik Üretim Yönetmeliğinde Değişiklik). Official Gazette (Resmî Gazete) / EPDK. April 2, 2026 / No. 33212; Article 37/13 as amended by Article 21, and entry into force Article 26.
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu). Ministry of Justice. Articles 49–61, 72, 74, 77–82, 112, 146–147, 195–202.
- Law No. 6102, Turkish Commercial Code (Türk Ticaret Kanunu). Ministry of Justice. Articles 4–5, 5/A; provisions on companies and commercial relations.
- Zoning Law No. 3194 (İmar Kanunu). Ministry of Justice. Provisions on buildings, occupancy permits and temporary subscription; the date of the file is important, especially with respect to Provisional Article 11.