Regulation on the Conduct of Real Property Sales by the Notary Public

The Regulation on the Procedures and the Principles Regarding Real Property Sales Contracts Issued by Notaries was published in the Official Gazette numbered 32070 and dated 11 January  2023. Within the scope of the Regulation, the rules and principles to be followed in the sale and transfer of title deeds at notaries have been determined. According to the Regulation, applications for the drafting of the sales contract can be made through the "e-appointment/application" application of the Association of Notaries using the e-Government website. The documents including the identification numbers of the parties, complementary information of the legal person and the real estate tax value of the immovable and the sales price determined by the parties will be uploaded to the Turkish Notaries Association Information System (TNBBS) and submitted to the notary public on the appointment date together with the original documents. The notary will verify whether there is any legal or de facto obstacle to the real property,  then the application document will be issued from TNBBS.

The application form will be submitted to the General Directorate of Land Registry and Cadastre through the Land Registry and Cadastre Sharing System. After the registration and documentation of the property is completed, a notary will determine whether there are any legal obstacles to the sale and if there is not will prepare a contract. After the contract is signed by the both parties, it will be registered through Land Registry and Cadastre Information System and then recorded in the land registry.

Within the scope of the Regulation, the title deed fee to be paid for title deed transactions has also been determined. The notary fee will not be below 500 liras and not more than 4 thousand liras for the real property sales contracts mediated by notaries. This fee will be increased every year by the revaluation rate.

Salih Arif YARAR