Introduction
Pharmacy transfer and relocation rules in Turkey are among the most important areas of Turkish pharmacy law. A pharmacy is not an ordinary commercial business that can be freely sold, transferred or moved like a retail store. Under Turkish law, a pharmacy is a licensed healthcare institution operated under the personal and professional responsibility of a pharmacist. For this reason, any transfer, purchase, relocation, address change or structural change involving a pharmacy must comply with strict legal, administrative and professional rules.
The legal framework is mainly based on Law No. 6197 on Pharmacists and Pharmacies and the Regulation on Pharmacists and Pharmacies. Law No. 6197 states that opening and operating a pharmacy and acting as responsible manager of a pharmaceutical warehouse require being a pharmacist. The law also defines pharmacy as a healthcare service involving the preparation and supply of medicines, pharmacological safety, quality assurance and patient information. The Regulation on Pharmacists and Pharmacies expressly regulates the opening, operation, transfer, relocation and closure of pharmacies, as well as the characteristics of pharmacies and the conduct of pharmacy services.
This means that pharmacy transfer and relocation must be evaluated from a healthcare law perspective, not only from a commercial law perspective. A transaction may appear to be a simple business sale, but legally it involves license status, pharmacist eligibility, public health supervision, premises suitability, EYS rules, population criteria, sham ownership review, regional chamber procedures and provincial health directorate approval.
Legal Framework Governing Pharmacy Transfer and Relocation
The principal statute is Law No. 6197 on Pharmacists and Pharmacies. This law establishes the pharmacist-based model of pharmacy ownership and operation. It provides that a person must satisfy the legal conditions for pharmacy practice and that pharmacies must operate under pharmacist responsibility. The law also requires Turkish citizenship, a pharmacy diploma or recognized equivalent, diploma registration and absence of legal obstacles for practicing pharmacy in Turkey.
The second key source is the Regulation on Pharmacists and Pharmacies, published by the Turkish Medicines and Medical Devices Agency, TİTCK. The regulation’s purpose is to determine pharmacists’ duties, powers and responsibilities and to regulate pharmacy opening, operation, relocation, transfer, closure and pharmacy services.
The regulation contains separate provisions on pharmacy opening criteria, first application and placement, required documents, sham ownership assessment, license issuance, pharmacy transfer and pharmacy relocation. It also regulates physical requirements for pharmacy premises, such as minimum area, independent shop conditions, street access, light, ventilation, hygiene, cold-chain storage and restrictions concerning health institution premises.
In addition, the Eczacı Yerleştirme Sistemi, known as EYS, is relevant for pharmacists who are subject to population-based limitations when opening or relocating a pharmacy. The EYS Guide defines EYS as the system used for placement according to service points where pharmacists subject to population-based opening and relocation restrictions wish to open a pharmacy or relocate an existing pharmacy.
Difference Between Pharmacy Transfer and Pharmacy Relocation
In Turkish pharmacy law, pharmacy transfer and pharmacy relocation are different legal concepts.
A pharmacy transfer means that an existing pharmacy is transferred from one pharmacist to another pharmacist. The business, fixtures, stock, customer base and commercial value may be part of the transaction, but the legal essence is the transfer of a licensed pharmacy operation to another eligible pharmacist. The buyer must be legally entitled to own and operate a pharmacy.
A pharmacy relocation means that the pharmacy continues to be operated by the same pharmacist but moves from its existing address to a new address. Relocation may occur within the same district, within the same province, or in certain cases in connection with EYS and population criteria.
The Regulation on Pharmacists and Pharmacies contains two short but very important provisions. Article 18 provides that the transfer of a pharmacy to another pharmacist is carried out through a report prepared in the presence of an official appointed by the provincial health directorate and an official from the chamber of pharmacists. Article 19 provides that, in pharmacy relocation, the rules applicable to pharmacy opening are applied; the existing pharmacy keeps its pharmacy status until the license for the new premises is issued, and no new license or fee is required for relocations within the same province.
Therefore, pharmacy transfer is primarily about change of pharmacist ownership, while relocation is primarily about change of address. However, both procedures require administrative compliance.
Who Can Acquire a Pharmacy in Turkey?
A pharmacy in Turkey cannot be transferred to any buyer. The buyer must be a pharmacist who is legally entitled to open and operate a pharmacy. The Regulation on Pharmacists and Pharmacies states that private pharmacies may be opened only under the ownership and responsible management of a pharmacist and that pharmacy practice in Turkey requires satisfying the conditions set out in Law No. 6197.
This rule has major consequences. A non-pharmacist cannot acquire a pharmacy as a commercial investment. A company cannot directly buy and operate a private community pharmacy. A foreign investor cannot use a pharmacy transfer agreement to bypass pharmacist ownership requirements. A hidden investor cannot place a pharmacist as a nominal owner while exercising real control over the pharmacy.
The Turkish system is based on professional responsibility. The pharmacist is not merely a formal license holder. The pharmacist must genuinely be the owner and responsible operator of the pharmacy. Any transfer arrangement that separates legal ownership from real economic control may create serious legal risk.
Pharmacy Transfer Procedure in Turkey
A pharmacy transfer must be carried out in accordance with the administrative procedure. Under the Regulation on Pharmacists and Pharmacies, the transfer of a pharmacy to another pharmacist is conducted through a report prepared in the presence of an official assigned by the provincial health directorate and an official from the chamber of pharmacists.
This means that the transfer cannot be completed only by a private agreement between the parties. A private sale agreement may regulate the commercial aspects of the transaction, such as price, payment schedule, stock valuation, fixtures, employee transition, lease transfer and liability allocation. However, the legal transfer of the pharmacy operation requires compliance with health authority and chamber procedures.
In practice, the transfer process should include several stages. First, the buyer’s eligibility as a pharmacist should be confirmed. Second, the existing pharmacy license, address, ownership status and any restrictions should be reviewed. Third, the parties should prepare a transfer agreement that clearly separates commercial obligations from administrative licensing conditions. Fourth, the necessary documents should be submitted to the provincial health directorate. Fifth, the regional chamber of pharmacists and health authority should participate in the official transfer report. Finally, the buyer should complete post-transfer registrations, stock updates and operational compliance steps.
Commercial Agreement and Administrative Transfer Are Different
One of the most common legal mistakes in pharmacy transfers is treating the transaction as an ordinary commercial sale. The parties may sign a protocol and assume that the pharmacy has been legally transferred. This is risky.
A commercial agreement may bind the parties under contract law, but it does not by itself replace the administrative transfer procedure. The pharmacy’s legal operation depends on the license and the competent administrative authority. Therefore, the transfer agreement should contain conditions precedent. For example, payment, delivery, stock transfer and operation takeover may be made conditional upon the buyer obtaining administrative approval or completing the transfer procedure.
A well-drafted pharmacy transfer agreement should address at least the following issues: transfer price, payment timing, stock valuation method, prescription records, controlled medicines, SGK-related risks, employee liabilities, lease transfer, equipment, fixtures, tax issues, pending sanctions, inspection history, İTS records, non-compete obligations and consequences if the administrative transfer is not approved.
Sham Ownership Review in Pharmacy Transfers
A central risk in pharmacy transfer transactions is muvazaa, meaning sham ownership. Turkish pharmacy law is sensitive to arrangements where a pharmacy appears to be owned by a pharmacist but is actually controlled by a non-pharmacist investor.
The Regulation on Pharmacists and Pharmacies provides that, after an opening or relocation application is notified by the provincial health directorate to the regional chamber of pharmacists, the chamber prepares a sham ownership assessment report within fifteen business days and submits it to the provincial health directorate with concrete information and documents. If the provincial health directorate or the chamber raises a sham ownership allegation, the matter is evaluated by a Sham Ownership Assessment Commission. The regulation also allows sham ownership assessment for already operating pharmacies where suspicion arises.
Although Article 11 specifically refers to opening and relocation applications, the sham ownership principle is also highly relevant to transfers. A transfer may be rejected, delayed or later challenged if the buyer pharmacist is only a formal figure and the real control belongs to another person. Therefore, pharmacy transfer agreements should avoid hidden investor structures, nominee ownership, undisclosed profit-sharing, third-party control over bank accounts and arrangements that make the pharmacist professionally responsible without real control.
Pharmacy Transfer Due Diligence
Before acquiring a pharmacy in Turkey, the buyer should conduct legal and operational due diligence. The first issue is licensing. The buyer must confirm that the pharmacy has a valid license and that the license corresponds to the actual address and operation. The second issue is ownership. The buyer must confirm that the seller is the actual pharmacist-owner and that there are no hidden disputes or restrictions.
The third issue is the premises. The lease agreement should be reviewed carefully. A pharmacy transfer may become impossible or commercially meaningless if the landlord refuses assignment, demands excessive rent or if the premises do not comply with current pharmacy requirements. The Regulation requires pharmacy premises to meet several physical conditions, including minimum area and documentation showing that the premises may be used as a shop or workplace.
The fourth issue is stock. Medicines are not ordinary goods. Stock valuation should consider expiry dates, cold-chain products, controlled medicines, returned products, İTS records and invoice consistency. Fifth, SGK-related matters should be reviewed. Outstanding deductions, prescription disputes or reimbursement problems may materially affect the value of the pharmacy.
Pharmacy Relocation Rules in Turkey
Pharmacy relocation is regulated by Article 19 of the Regulation on Pharmacists and Pharmacies. The regulation provides that the rules applicable to pharmacy opening also apply to pharmacy relocation. The existing pharmacy retains its pharmacy status until the license for the new pharmacy premises is issued. For relocations within the same province, a new license is not issued and no fee is paid.
This provision is important for continuity. A pharmacist should not close the existing pharmacy prematurely before the new premises are approved. The pharmacy’s legal status continues until the new location is licensed or approved under the relocation procedure. However, relocation still requires compliance with opening requirements, premises suitability and administrative review.
The phrase “opening rules apply” means that the new premises must satisfy the legal conditions for a pharmacy. The pharmacist must submit the necessary documents, the chamber and provincial health directorate may examine the premises, and sham ownership review may be triggered where relevant.
Population Criteria and EYS in Relocation
Population-based pharmacy planning is one of the most important issues in relocation. The EYS Guide states that private pharmacy numbers are regulated according to district population on the basis of at least one pharmacy per 3,500 people, and that one pharmacy quota may be opened for districts with a population below 3,500 if there is no pharmacy in that district.
The EYS Guide also states that EYS applies where pharmacists subject to population-based restrictions wish to open a pharmacy or relocate an existing pharmacy. Therefore, relocation to another district or a location subject to population quota may require EYS procedures.
The Regulation on Pharmacists and Pharmacies also provides that TİTCK determines and announces, three times per year, districts where pharmacies may be opened and the number of pharmacies that may be opened, using population data published by the Turkish Statistical Institute. In 2026, the Turkish Pharmacists’ Association republished a TİTCK announcement stating that applications for pharmacists subject to the population criterion would be received through EYS between 17 June 2026 and 16 July 2026, with applicants required to upload documents and confirm their applications through provincial or district health directorates.
This shows that relocation planning must begin with population and EYS analysis. A pharmacist should not rent a new shop or invest in renovation before confirming whether relocation to that area is legally possible.
Relocation Within the Same District or Same Province
Relocation rules vary depending on the location. The Regulation provides that the population criterion is not applied in certain relocation situations, and Article 19 states that no new license or fee is required for relocations within the same province. However, this does not mean that a pharmacist can freely move to any premises without approval.
Even where population restrictions are not triggered, the new premises must satisfy physical, technical and administrative requirements. The premises must be an independent shop, suitable for public access, hygienic, sufficiently ventilated and compliant with minimum area and documentation requirements. For example, the regulation requires pharmacy premises, with certain excluded spaces, to be at least 35 square meters; it also requires documentation such as a building permit, occupancy permit or municipal document showing that the premises may be used as a shop or workplace.
Therefore, same-province relocation may be procedurally easier than opening a new pharmacy, but it is not automatic. The pharmacist still needs administrative approval and premises compliance.
Relocation Due to Urban Transformation, Natural Disaster or Force Majeure
Special rules may apply where relocation becomes necessary due to natural disaster, force majeure or urban transformation. The Regulation provides that, in cases of population decrease due to natural disaster or force majeure, or where the pharmacy premises must be evacuated due to urban transformation, the population-based pharmacy opening criterion is not applied to the relocation of pharmacies in that settlement. It also allows the pharmacist, after the force majeure ends or urban transformation is completed, to return within six months to a location within the district boundaries of the previous pharmacy without being subject to additional restrictions.
This is important because urban transformation and disaster-related displacement can otherwise unfairly harm pharmacists. A pharmacist who is forced to leave a premises due to circumstances beyond their control should not automatically lose their pharmacy position because of population limitations. However, official documentation is crucial. For urban transformation, the regulation requires proof from competent official authorities showing that the pharmacy is in an urban transformation area.
In practice, pharmacists facing compulsory evacuation should collect documents early, notify the competent authorities and plan relocation before the premises becomes unusable.
Premises Requirements for Relocated Pharmacies
A relocated pharmacy must satisfy current premises requirements. This is particularly important for older pharmacies. The regulation provides that pharmacies licensed before the regulation may benefit from certain one-time transfer exceptions regarding square meter limits, but if an existing pharmacy is moved to another place, the current premises requirements apply.
This means that a pharmacy that was lawfully operating in a smaller older premises may not be able to relocate to another small premises unless it satisfies current rules. The new location must generally meet the 35-square-meter requirement and other physical conditions. The premises must also have appropriate legal documentation and must be suitable for pharmacy use.
Other requirements include public access, operation in an independent shop, at least one frontage or door connected to a municipal street or road with an address number, special rules for malls and sites, restrictions on doors opening into other shops, proper light, ventilation, hygiene and cold-chain equipment.
Temporary Closure and Relocation Strategy
Sometimes a pharmacist may need to temporarily close the pharmacy while deciding whether to relocate, transfer or resume activity. The Regulation provides rules for keeping a pharmacy closed due to illness or other excuses, subject to conditions. It states that where there is more than one pharmacy in a place, a pharmacist may request temporary closure, with the pharmacy license temporarily delivered to the provincial health directorate; medicines must be preserved under proper storage conditions.
Temporary closure must not be treated casually. It has administrative consequences, and the pharmacist must ensure stock safety, license handling, SGK matters, employee rights and reopening conditions. Where relocation is planned, temporary closure should be coordinated with the provincial health directorate to avoid loss of rights or operational disputes.
Common Legal Risks in Pharmacy Transfer and Relocation
The first major risk is transferring a pharmacy to a person who is not legally eligible to operate it. Since private pharmacies must be owned and responsibly managed by pharmacists, any non-pharmacist control structure is legally dangerous.
The second risk is hidden ownership. A buyer may appear to be a pharmacist but may actually be financed and controlled by a third party. This may trigger sham ownership review and administrative consequences.
The third risk is premises non-compliance. A transfer may preserve certain old rights, but relocation usually requires compliance with current physical requirements. A pharmacist who signs a lease without checking square meter, municipal documents and structural suitability may face license refusal or delay.
The fourth risk is misunderstanding EYS and population criteria. A relocation to another district may be impossible or may require placement through EYS. The EYS Guide confirms that population-based opening and relocation restrictions are handled through EYS.
The fifth risk is ignoring commercial liabilities. SGK deductions, employee claims, tax debts, stock problems, expired medicines, cold-chain breaches and lease disputes may all reduce the value of a transferred pharmacy.
Practical Checklist for Pharmacy Transfer in Turkey
Before signing a pharmacy transfer agreement, the buyer should confirm pharmacist eligibility, license validity, address consistency, chamber records, health directorate records, lease transferability, stock value, İTS consistency, SGK status, employee liabilities, tax risks and pending administrative issues.
The agreement should expressly state that the transfer is conditional upon completion of the administrative procedure. It should regulate what happens if the transfer is rejected or delayed. It should identify stock valuation rules, payment timing, delivery date, responsibility for previous SGK deductions, employee transition, controlled medicines and post-transfer cooperation.
The seller should also protect themselves. The seller should not deliver control before receiving agreed payment and before ensuring that the official transfer steps are properly completed. Both parties should avoid informal arrangements.
Practical Checklist for Pharmacy Relocation in Turkey
Before relocating, the pharmacist should determine whether the relocation is within the same district, within the same province or subject to EYS and population criteria. The pharmacist should check whether the new premises satisfies the 35-square-meter requirement, independent shop condition, municipal documentation requirement, frontage and door rules, hygiene standards and cold-chain obligations.
The pharmacist should also consult the provincial health directorate and regional chamber of pharmacists before signing a lease. If the relocation is due to urban transformation, natural disaster or force majeure, official documentation should be obtained immediately.
The existing pharmacy should generally continue operating until the new premises is approved, because Article 19 preserves the pharmacy status of the existing premises until the new license is issued.
Frequently Asked Questions
Can a pharmacy be transferred to a non-pharmacist in Turkey?
No. A private pharmacy must be owned and responsibly managed by a pharmacist. Turkish law does not allow ordinary investor ownership of community pharmacies.
Is a private agreement enough for pharmacy transfer?
No. A private agreement may regulate the commercial terms, but the official transfer requires the administrative procedure involving the provincial health directorate and chamber of pharmacists.
Can a pharmacy be relocated freely?
No. Relocation is subject to the rules applicable to opening a pharmacy. Premises suitability, administrative approval, population rules and EYS may be relevant depending on the circumstances.
Is EYS relevant for pharmacy relocation?
Yes. EYS applies where pharmacists subject to population-based restrictions wish to open a pharmacy or relocate an existing pharmacy.
Does an older pharmacy keep its old square-meter advantage after relocation?
Generally, no. The regulation provides that certain older pharmacies may benefit from a one-time transfer-related exception, but if the existing pharmacy is relocated, the current premises requirements apply.
Conclusion
Pharmacy transfer and relocation rules in Turkey are strict because pharmacies are healthcare institutions, not ordinary commercial businesses. A pharmacy transfer requires that the buyer be a legally eligible pharmacist and that the official transfer be completed through the competent administrative procedure. A private sale agreement alone is not sufficient.
Pharmacy relocation is also subject to opening rules. The new premises must satisfy legal and technical requirements, and EYS or population criteria may apply depending on the relocation area. Same-province relocation may avoid new license and fee requirements, but it does not eliminate premises suitability and administrative approval requirements.
The most important legal risks are sham ownership, non-pharmacist control, unsuitable premises, failure to comply with EYS, incomplete documentation and poor contractual drafting. A legally secure transfer or relocation requires coordinated planning between the pharmacist, legal counsel, provincial health directorate, regional chamber of pharmacists and, where relevant, TİTCK systems.
In Turkey, pharmacy value is not only commercial. It is also regulatory. Therefore, every pharmacy transfer or relocation should be structured with careful legal due diligence, administrative compliance and clear contractual protections.
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