The Law on the Amendment of the Law on Judges and Prosecutors and Certain Laws, published in the Official Gazette dated 28 June 2022 and numbered 31880, made significant amendments to Notary Public Law No. 1512. Abovementioned law enabled notary publics to execute real estate sales contracts.

This regulation, which authorizes notary publics to execute real estate sales contracts, has been on the agenda for a long time. This amendment was expected to enter into force on 1 January 2023.

However, the deadline has been postponed for the completion of the installation of the system required for the sale of real estate by notary publics until 1 July 2023.

In line with these developments, it was expected that the Ministry of Justice would regulate the relevant procedures and principles. In this context, the Regulation on the Procedures and Principles Applicable to Real Estate Sales Contracts Issued by Public Notaries was published in the Official Gazette dated 11 January 2023 and numbered 32070 and entered into force on the same date.

The provisions of the Regulation will be applied as of the date the establishment of the information system is announced on the official website of the Ministry of Justice.

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

The main provisions envisaged in the Regulation are as follows:

Applications regarding the issuance of real estate sales contracts will be made through the Notaries Union of Türkiye’s e-appointment tab available on the e-Government portal.

• The documents requested during the application will be uploaded to the Notaries Union of Türkiye Information System (“TNBBS“), and the originals of the documents will be required to be submitted at the notary’s office by the parties on the date and time of the appointment.
• The application document will be issued through TNBBS and by a notary public. If the notary public is unable to issue the application document due to a legal or actual obstacle, the application will be rejected by the notary public and the parties will be provided the opportunity to update the notary public information from TNBBS. The parties will be notified of this situation by text message.
• The notary public will use the contract sample prepared by the Notaries Union of Türkiye and registered in TNBBS by considering the form and content of the contract in the Land Registry and Cadastre Information System. Taking this into consideration, together with the provisions of the Regulation that we mentioned regarding the conditions subsequent, it is understood that the provisions of the official deed may be specially regulated by the parties, except for the regulations prohibited in the official deed.
• The real estate sales contract shall not contain any terms and conditions that may impair or nullify the registration.
• The notary public will notify the parties by text message of the e-collection serial number and payment method for the service fee and title deed fee for the transaction, along with the date and time of the appointment for signing the contract. Parties who are not present at the notary public on the appointment date and time will be informed via text message on the day that the transaction can be carried out if they apply to the notary public within 10 days; otherwise the application will be cancelled.
• The procedures related to the contract will be carried out by the notary public in person. Accordingly, any restrictions on the real estate, the procedures and principles regarding the restrictions in the legislation on the sale of real estate, the identity of the right holder and whether there is a legal obstacle to the sale of the real estate will be evaluated by the respective notary public.
• Following this evaluation, the contract will be signed by the parties and the contract and related documents will be registered in TAKBIS by the notary public with the document number obtained from TAKBIS and the registration of the real estate in the land registry by the directorate of land registry.
• The title deed will be issued by the notary public following the completion of the registration after the contract is signed.

Feel free to contact our Lawyers in Antalya expert in Real Estate issues for an extensive information and support about this innovation and its details.

You can carry out your sales transactions within the scope of new applications and make your sales without any errors with our professional approach and comprehensive support. You can count on us throughout the whole process.

The amendments to the Notary Public Law and the Regulation aim to finalize the sale of real estate property transactions in a faster and easier manner, and the Regulation sets out the procedures and principles applicable to the real estate property sale contracts to be executed by notary publics.

The changes, the details of which we have shared above, are very important within the scope of real estate sales transactions.
In this context, every move and every step taken before applying for sales transactions must be done correctly and completely.

For these reasons, we help you achieve your goal of real estate sales, and we follow up and finalize the whole process for you in a professional way.