Legal Framework for Aircraft Registration in Turkey
Aircraft in Turkey are governed by the Turkish Civil Aviation Law (Law No. 2920) and overseen by the Directorate General of Civil Aviation (SHGM) in Ankara. All civil aircraft flying under the Turkish flag must be recorded in the Turkish Civil Aircraft Registry.
Key points include:
- Written Agreement Requirement: Article 66 of Law No. 2920 states that ownership or other real rights over an aircraft must be transferred through a written contract. Oral agreements are invalid.
- Registry for Third-Party Effect: The transfer only becomes effective against third parties once it is entered into the Aircraft Registry.
- Centralized System: While contracts can be signed before notaries anywhere in Turkey, the registry filing is centralized at SHGM in Ankara.
This means anyone seeking to register a plane in Turkey must ensure their paperwork is not only contractually sound but also properly filed with the national authority.
Who Can Register an Aircraft in Turkey?
Turkish law limits who can enter aircraft into the registry:
- Turkish citizens in their personal name.
- Legal entities incorporated under Turkish law with Turkish majority ownership.
- In some cases, foreign nationals or joint ventures may register through special arrangements, often using a Turkish company structure.
This makes legal guidance critical for foreign investors who want to complete a Turkish aircraft purchase while complying with local ownership and registry requirements.
Steps in a Turkey Aircraft Purchase
Buying a second-hand plane or private jet requires careful planning. A typical transaction involves:
1. Due Diligence
- Review aircraft logbooks, maintenance history, and any possible encumbrances or mortgages.
- Confirm deregistration abroad if the aircraft is already registered in another jurisdiction.
2. Jet Purchase Agreement in Turkey
- Draft a clear contract covering purchase price, inspection rights, conditions precedent, and delivery terms.
- Ensure the agreement is in writing, as required by Article 66.
- If financing is involved, note that aircraft mortgages require notarized signatures under Article 70.
3. Customs and Tax Considerations
- Importing a foreign-built aircraft into Turkey generally triggers VAT unless an exemption applies.
- Buyers should calculate tax implications early in the transaction to avoid unexpected liabilities.
4. Registry Filing with SHGM
- Submit the bill of sale, deregistration certificate (if imported from abroad), technical certificates, and notarized translations.
- Once SHGM records the transfer, the aircraft is issued a Turkish tail number beginning with “TC-”.
5. Certificate of Airworthiness
- After inspection, SHGM issues the necessary certificates for operation under the Turkish flag.
Why Legal Support Matters
The purchase of an aircraft is a complex process involving international contracts, registry requirements, and tax rules. A local attorney ensures that:
- The jet purchase agreement in Turkey follows mandatory written form rules.
- The transaction is filed correctly with SHGM for enforceability against third parties.
- Customs, VAT, and import obligations are addressed proactively.
Conclusion
Whether you are a Turkish investor or a foreign national considering a plane registration in Turkey, engaging a law firm with aviation experience is essential. From drafting the jet purchase agreement in Turkey to guiding you through registry formalities in Ankara, Turkish Aviation Lawyer Baris Erkan Celebi provides full legal support to ensure that your Turkish aircraft purchase will proceed smoothly, safely and in compliance with local law.