The Regulation on the Principles and Procedures Applied to Real Estate Sales Contracts Issued by Notaries, which was published on January 11, 2023, in the Official Gazette, introduces significant changes to ensure transparency, security, and efficiency in real estate transactions conducted through notaries in Turkey. You can find the details of this new arrangement below.

For detailed information and consultancy on the relevant subject, you can contact our Real Estate Lawyers in Antalya. Our experts will get back to you within the same day.

The primary objective of the regulation is to establish the procedural and substantive rules applicable to real estate sales contracts prepared by notaries. By doing so, it aims to enhance the legal framework of real estate transactions, ensuring the protection of the rights of the parties involved.

The regulation encompasses the real estate sales contracts prepared by notaries in accordance with Article 61/A of the Law on Notaries, No. 1512, dated January 18, 1972. It establishes clear guidelines and standards for the procedures and principles to be followed in such contracts.

The regulation is based on the eleventh paragraph of Article 61/A of the Law on Notaries, No. 1512, dated January 18, 1972. This legal basis ensures the validity and enforceability of the regulation.

À la lumière de ces évaluations, il a été conclu que le traitement différent prévu par la règle entre les hommes et les femmes dans le cadre de l'utilisation du nom de famille avant le mariage et après le mariage viole le principe d'égalité. La Cour constitutionnelle a décidé que la règle était inconstitutionnelle et l'a annulée pour les raisons expliquées.

The Regulation introduces a new system for applying and issuing real estate sales contracts through the Notaries Union of Türkiye’s e-appointment tab, e-collection system, and information system (TNBBS).

The Regulation requires the public notary to use the contract sample prepared by the Notaries Union of Türkiye and registered in TNBBS, and to consider the form and content of the contract in the Land Registry and Cadastre Information System (TAKBIS).

The Regulation enables the public notary to evaluate any restrictions on the real estate, the identity of the right holder, and whether there is a legal obstacle to the sale of the real estate, and to register the contract and related documents in TAKBIS.

The Regulation authorizes the public notary to issue the title deed after completing the registration of the real estate in the land registry.

The Regulation on the Principles and Procedures Applied to Real Estate Sales Contracts Issued by Notaries introduces significant provisions aimed at establishing a more solid legal framework for real estate transactions. By diligently implementing this regulation, notaries will contribute to the effectiveness and reliability of real estate sales processes, ultimately fostering a more secure environment for all parties involved.

• The Regulation covers only real estate sales contracts prepared by notaries in accordance with Article 61/A of the Law on Notaries, No. 1512, dated January 18, 1972.
• The Regulation stipulates that real estate sales contracts shall not contain any terms and conditions that may impair or nullify the registration.
• The Regulation mandates that the procedures related to the contract shall be carried out by the public notary in person.
• The Regulation addresses matters related to document preparation fees, notarial charges, service fees, and title deed fees for real estate transactions executed by notaries.
• The Regulation sets forth detailed provisions regarding the notification of parties via text message at various stages of the application process.

This regulation may affect foreign investors in Turkey in several ways, such as:

• It may provide them with more options and convenience to execute real estate sales contracts through notaries, instead of only through land registry offices.
• It may require them to use the e-Government portal and the e-collection system to apply for and pay for the real estate sales contracts issued by notaries.
• It may oblige them to submit the Turkish lira amount registered in the foreign currency purchase certificate in transactions where foreign real persons are the buyer party.
• It may exempt them from stamp tax and valuable paper fees for real estate sales contracts executed by notaries, but subject them to title deed fees and notary fees.
• It may protect their rights and interests in the real estate by ensuring the validity and enforceability of the contracts prepared by notaries in accordance with the form and content requirements stipulated by the Regulation.

Therefore, foreign investors who wish to buy real estate from Turkey should be aware of these changes and consult a law firm in Turkey like Alfa Law, before entering into a real estate sales contract issued by a notary.

Consequently, the Regulation on the Principles and Procedures Applied to Real Estate Sales Contracts Issued by Notaries introduces significant provisions aimed at establishing a more solid legal framework for real estate transactions. By diligently implementing this regulation, notaries will contribute to the effectiveness and reliability of real estate sales processes, ultimately fostering a more secure environment for all parties involved. Indeed, after the regulation came into force, real estate sales have started at notaries. Thanks to this practice, real estate transactions can be carried out in a faster, easier and more economical way.

This regulation and the details of which we have shared above, are very critical within the scope of real estate sales in order to make procedures easier. In this context, every move and every step taken before applying real estate sales must be done correctly. 

For these reasons as Alfa Law, being one of the best law firms in Turkey,   we help you achieve your goal of buying real estate in Turkey with our qualified English speaking lawyers. Alfa Law’s Real Estate Lawyers Turkey have extensive experience and expertise in advising and representing foreign investors on all aspects of real estate transactions in Turkey, including drafting, reviewing, and negotiating real estate sales contracts issued by notaries.

You can contact our law firm and our experts in Droit immobilier without hesitation for any questions regarding this issue. We will provide you with the necessary legal support and will ensure that you are on the right path in this process.