Energy and mining investors in Türkiye frequently express concerns over the complexity and multi-layered nature of administrative permitting processes, often calling for their simplification to facilitate investments. Law No. 7554 on Amendments to Certain Laws, published in the Official Gazette dated 24 July 2025 and numbered 32965 (the “Super Permit Law”), marks the first concrete and comprehensive step toward answering this call. While this law primarily targets mining investments, it also introduces notable provisions concerning renewable energy projects. In this article, we examine the aspects of the super permit regulations related to renewable energy investments and provide a general overview of the key administrative permits required for such projects.
General Overview of Administrative Permits
The accelerating pace of renewable energy investments has prompted a comprehensive reassessment of administrative permitting processes, both in terms of content and procedure. According to feedback from investors, one of the most challenging aspects is the need to obtain separate opinions from multiple institutions for each essential permit required for renewable energy projects, such as the Environmental Impact Assessment (“EIA”), forest and pasture allocations, and zoning plan approvals. This process is alleged to be further complicated by inadequate coordination among the relevant institutions, leading to unpredictable permitting timelines.
In parallel with the European Commission’s Recommendation and Guidance on Speeding up Permit-Granting for Renewable Energy and Related Infrastructure Projects, dated 13 May 2024 [1], Türkiye has sought solutions to these challenges and developed a legal framework under the Super Permit Law. This framework reflects key recommendations, such as simplifying permitting procedures and introducing shorter timelines.
The Super Permit Law aims to consolidate zoning-related permits, currently issued by various institutions, under the authority of the Ministry of Energy and Natural Resources (the “Ministry”). It also allows for different permitting processes to be conducted simultaneously and seeks to reduce permitting timelines, which could previously extend up to 48 months or more, to a 24-month period. According to the preamble of the Super Permit Law, this approach is intended not only to reduce the administrative burden criticized by investors but also to support the effective achievement of Türkiye’s green transition goals.
Environmental Impact Assessment
The EIA process, which aims to identify and mitigate the potential environmental impacts of renewable energy projects, is regarded by investors as one of the most burdensome administrative requirements, both due to its bureaucratic complexity and its time-consuming nature. The Environmental Impact Assessment Regulation (“EIA Regulation”) categorizes projects under Annex-1 and Annex-2, based on their size, capacity, and the severity of their environmental impacts. Projects listed in Annex-1 are likely to have significant environmental impacts and are therefore subject to a direct and comprehensive EIA process. In contrast, projects listed under Annex-2 are generally considered to have more limited environmental impacts. For these projects, a preliminary assessment is conducted to determine whether a full EIA process is necessary.
Earlier in 2025, a significant amendment concerning the EIA process entered into force. With an amendment to the EIA Regulation, which became effective upon its publication in the Official Gazette dated 26 June 2025 and numbered 32938, the thresholds for projects listed under Annex-1 and Annex-2 of the EIA Regulation were revised as follows:
With the Super Permit Law, a further significant change regarding the EIA process has been introduced, abolishing the practice of issuing an “EIA Not Required Decision” for projects listed under Annex-2 and establishing a unified assessment system applicable to all projects. According to the preamble of the Super Permit Law, this amendment aims to eliminate the common public misconception that such a decision means no EIA process is conducted. However, since the term “EIA Not Required Decision” remains in the EIA Regulation, further amendments to the EIA Regulation within the framework of the Super Permit Law are expected in the foreseeable future.
Additionally, the Super Permit Law seeks to shorten waiting times during the investment process by allowing the EIA to be conducted simultaneously with other administrative permits.
Changes in the Allocation Purpose of Pastures and Forests
The Super Permit Law introduces substantial amendments simplifying and expediting land allocation processes. Specifically, changing the allocation purpose of pasture for renewable energy resource area (YEKA) projects will no longer require EIA reports.
Another issue investors frequently criticized was the time and cost burden associated with permits required for the use of forests. Amendments under the Super Permit Law consolidate the forest permit procedures, previously handled separately during the preliminary license and license phases, into a single process. This consolidation also includes permits necessary for activities such as drilling and measurements during the project development stage. Furthermore, applications for changing the allocation purpose of forest will be processed within sixty days from the date of application. These provisions aim to create a more predictable and expedited permitting mechanism, eliminating the need for investors to engage in repetitive interactions with administrative authorities.
Zoning Plan, Construction Permit, and Building Usage Permit
Prior to the commencement of construction in renewable energy projects, the zoning plans and maps of the project site must be finalized within the preliminary license period. Similarly, a construction permit must be obtained from the relevant municipality or governorship before the start of construction. Beginning construction without the required permit may lead to the suspension of works and could ultimately result in the demolition of the structure. In cases where the power plant is exempt from the obligation to obtain a construction permit,
a construction permit exemption certificate is issued.
A building usage permit is another requirement that must be obtained from the authority that issued the construction permit, certifying that the building complies with the conditions set out in the approved construction permit.
The Super Permit Law authorizes the Ministry to approve zoning plans and to issue construction permits, building usage permits, and workplace opening and operating permits for SPPs and WPPs. As a result, investors will interact solely with the Ministry, eliminating the need to navigate separate procedures with municipalities and other relevant authorities.
Furthermore, the Super Permit Law allows licensed power plants commissioned either partially or fully before 31 December 2024 and operating without a construction permit and/or building usage permit, to obtain a certificate of conformity. This certificate will be deemed equivalent to a workplace opening and operating permit, provided that the conditions specified in the regulation are met.
The Super Permit Law also stipulates that, in construction permit applications for renewable power plants and related structures, a court’s seizure decision based on an urgent expropriation shall be deemed equivalent to a title deed. Accordingly, a construction permit may be obtained without waiting for the completion of the title deed registration process.
Before the enactment of the Super Permit Law, there was a previous attempt to simplify zoning plan processes. In this regard, the Law on Amendment of the Village Law and Certain Laws, published in the Official Gazette dated 12 December 2024 and numbered 32750, also introduced measures to facilitate permitting procedures. In this context, SPPs and WPPs were excluded from the scope of building inspection both within and outside the boundaries of municipalities and adjacent areas.
Expropriation, Permit, Lease, and Easement Rights
Power plants often require large and spread areas, which may include not only forests and pastures but also privately owned immovable properties. In this regard, expropriation serves as a strategic instrument to facilitate energy investments.
In cases requiring rapid implementation of investments within the scope of the green transition, the Super Permit Law authorizes the Energy Market Regulatory Board to issue urgent expropriation decisions until 31 December 2030. Furthermore, the President may extend this period once, for an additional five years, if necessary.
The legislation currently grants an 85% discount on permit fees, lease payments, easement rights, and usage authorizations for ten years from the license date to renewable energy power plants commissioned before 31 December 2025, including their access roads and energy transmission lines extending to the grid connection point specified in their licenses. The Super Permit Law extends this deadline to 31 December 2030, thus encouraging the use of domestic resources in electricity generation.
Conclusion
The Super Permit Law, which aims to enhance the efficiency of permitting processes in energy projects, constitutes a significant step toward reducing the administrative burdens frequently criticized by investors. The extent to which these regulations will work in practice and deliver the expected benefits are yet to be seen.
ASSOCIATE
Avukat Enerji / Elektrik Petrol ve Doğal Gaz Madencilik Taşımacılık ve Lojistik Kamu Özel İşbirlikleri ve İmtiyazlar İnşaat ve Altyapı Finansal Hizmetler Projeler ve Proje Finansmanı Bankacılık ve Finans Şirketler ve Ticaret Hukuku Sermaye Piyasası Hukuku Kamu İhale Hukuku Gayrimenkul Hukuku
ASSOCIATE
Avukat Tüketim Ürünleri Enerji / Elektrik Madencilik Savunma Şirketler ve Ticaret Hukuku Birleşme ve Devralmalar Dava ve Uyuşmazlık Çözümleri
INTERN LAWYER
Stajyer Avukat