Legal Update on the Regulation on Procedures and Principles Applicable to the Real Estate Sales Contracts Issued by Notaries Public
This is to inform you on the Regulation on Procedures and Principles Applicable to Real Estate Sales Contracts Issued by Notaries Public (“Regulation”) which has recently entered into force.
The Regulation aims to ease and expedite real estate transactions by enabling real estate sales contracts to be executed before notaries public. In that regard, those who wish to carry out real estate transactions before notaries public and avoid waiting for an appointment date to be announced by land registry directorates should do the following:
(i) Applying the Notaries Union of Turkey on the e-Government portal and uploading the documents required to the Information System of the Notaries Union of Turkey,
(ii) Waiting for the text message of the relevant notary public with the e-collection serial number, payment method for the service fee and title deed fee of the transaction, along with the date and time of the appointment for signing.
The procedures related to the real estate sales contract shall be carried out by the relevant notary public in person. In that regard, matters such as encumbrances on the real estate, legal restrictions of real estate transactions, identity of the parties and whether there is a legal obstacle to the sale of the real estate shall be evaluated by the notaries public.
Further to the above, the title deed of the real estate shall be issued by the relevant notary public following the completion of the registration procedure upon signing in which the notary public shall record the contract and other documents to the Land Registry and Cadaster Information System (“TAKBIS“) with the document number obtained from TAKBIS and the relevant land registry directorate shall register the real estate in the land registry.
Finally, please note that the Regulation published in the Official Gazette dated 11 January 2023 and numbered 32070 shall be applied after the establishment of the information system stipulated in Article 61/A of the Notary Public Law numbered 1512 which is to be announced on the official website of the Ministry of Justice.
Should you have any additional inquiries, please do not hesitate to contact us.
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