Türkiye Elektrik Dağıtım Anonim Şirketi (“TEDAŞ”) General Directorate’s TEDAŞ General Directorate Immovable Leasing Regulation ("Regulation") was published in the Official Gazette dated 12 November 2022 and numbered 32011.

This Regulation has been prepared based on the provisions of the Decree Law on State Economic Enterprises dated 8 June 1984 and numbered 233 and the provisions of the TEDAŞ's Main Statute published in the Official Gazette dated 14 February 2018 and numbered 30332.

The purpose of the Regulation is to regulate the procedures and principles regarding the leasing of immovable properties owned by the TEDAŞ.

General principles set out in the Regulation

• In accordance with the Regulation:
  • TEDAŞ board of directors is authorized to determine the immovables to be leased, the establishment and duties of the commissions and the immovables to be leased during the tender preparation phase, depending on the proposal of the relevant unit. For the real estates acquired through expropriation, the principle of renunciation and the right of redemption shall be applied by taking into account the periods specified in the Expropriation Law numbered 2942. In the event that no action can be taken within this scope, the immovables are utilized by renting them out in line with the requests.
  • The issues to be included in the advertisements, tender procedures and evaluation of bids and tender decisions are clearly regulated. Accordingly, the immovable properties to be leased acquired through expropriation will be determined through tenders and the tenders will be announced through notice.
  • In tenders to be held through tender procedures other than the bargaining procedure, it is regulated that there cannot be less than twenty days between the first announcement and the tender day and less than ten days between the last announcement and the tender day, and in tenders to be held through the bargaining procedure, there cannot be less than ten days between the first announcement and the tender day and less than seven days between the last announcement and the tender day.
  • The provisional guarantee shall not be less than 3% of the annual rental price offered for the immovable to be leased. Those who do not provide a provisional guarantee for the leases to be made by closed envelope bidding procedure and open bidding procedure will not be able to participate in the tender.
  • In order to ensure that the commitments are made in accordance with the contract, a performance bond amounting to 6% of the annual rent will be taken before the contract is signed and the amount of performance bond will be updated every year at the rate of rent increase.
  • If requested by the lessee and deemed appropriate by TEDAŞ, the term of the contract can be extended for not less than three years and not more than five years at the fair rental price to be determined by TEDAŞ.
  • The contract may be transferred to another person with the written permission of the tender authority. However, the conditions in the first tender are required for the real or legal persons who will take over.