Right of Pre-emption (Şufa)

The right of pre-emption (şufa / önalım hakkı) is the right of the other co-owners, on the same terms, to buy a co-owner's share when that co-owner sells it to a third party. Its purpose is to prevent the other co-owners from ending up sharing ownership with someone they do not want as a partner.

How does it work?

1. One of the co-owners sells their share to a third party and the sale is registered on the deed.
2. The sale is notified to the other co-owners by the buyer or the seller.
3. A co-owner holding the pre-emption right can sue to have the share transferred to them, on condition of paying the sale price and the buyer's title deed expenses.

Time limits

The right of pre-emption lapses three months after the sale is notified to the right holder, and two years after the sale in any case. This means someone who buys a shared property share is at risk of losing it for up to two years.

When the right of pre-emption cannot be used

• A co-owner sells their share to another co-owner (rather than to a third party).
• Transfers other than sale, such as a gift (absent any sham transaction).
• Sales made through a forced auction.
• Sale of an independent unit in a building that has already moved to condominium ownership (each owner then fully owns their own unit).