Governmental decision granting the “authorized notary public” the authority to conclude contracts for the sale and purchase of real estate in Turkey

The Turkish government continues to take steps to revive the real estate sector in Turkey, with the aim of facilitating investors wishing to own property with the intention of residency and obtaining Turkish citizenship.

Identical Turkish sources stated that an important announcement published in the Turkish Official Gazette regarding a new mechanism for buying and selling real estate through the “Notary Public”, which is expected to enter into validity on July 1, 2023.

According to what published in the Official Gazette, the decision grants the notary public in Turkey the authority to conclude sales and purchase contracts (transfer of ownership or Tapu).

According to Law No. 7413, dated 6/23/2022 announced in the Official Gazette on 6/28/2022, changes made to Notre Law No. 1516, and some tasks of notaries amended by adding powers to them to complete real estate sales deals as follows:

The notary public concludes the preliminary contract for the sale of real estate. Taşınmaz satış vaadi sözleşmesi.

  The notary public can conclude the real estate sale contract Taşınmaz satış sözleşmesi.

  Only the title deed fees, notary fees, and service fees are paid.

  Notaries shall be liable for any damage arising from the organization of the real estate sale contract.

These procedures will come into force starting from the date of publishing the announcement of the establishment of a joint information system between the Land Registry Directorate and Notre on the official website of the Ministry of Justice.

It scheduled to announce the start of the implementation of the mechanism in the year 2022, but postponed to enter into application at the beginning of next year, while Turkish sources confirmed that it is an important step.

Notaries will be able to conclude a preliminary contract for the sale of real estate, and if one of the parties requests this contract and pays fees and expenses, he can comment on the real estate registry through the real estate registry information system and conclude an immovable sale contract.

The Notary Public will issue an application document when an application for the sale of real estate is submitted, taking into account all restrictions imposed on immovable property and observing the restrictions, procedures and principles contained in other laws related to the sale of real estate.

Title deed fees only to be charged on real estate sales contracts that are made by notaries, and no notary fees to be charged on these transactions.

According to Turkish sources, the notary in the Turkish Grand National Assembly and according to the accepted law has accepted the law on the sale of homes and workplaces, the notary will be authorized to sell real estate.

The sources indicated that with the inclusion of the law in the sixth judicial package in the General Assembly of the Grand National Assembly of Turkey; The notary will be able to conclude a preliminary contract for the sale of real estate, and if one of the parties requests this contract and pays the fees and expenses, he can submit an annotation to the real estate registry through the real estate registry information system and conclude the contract for the sale of real estate, and the contract for the sale of real estate can also be concluded by notaries, while notaries Notary fees will not be less than 500 pounds or more than 4 thousand pounds, depending on the value of the property, and will appear in the fee schedule during the year 2023.

It is expected that this decision, if implemented, will reduce congestion in the real estate registry departments (Tapu).

It is worth mentioning that the “Notre” is the person accredited by the Turkish state to authenticate documents in order to guarantee the rights of citizens and ensure the prevention of conflicts.

The notary authenticates documents and agencies, authenticates lease contracts, documents complaints and objections, and undertakes to sell real estate, buy and sell vehicles, in addition to organizing the invitation book. Each notary has its own, and when any individual needs to certify his papers, he must go to the notary in his area.

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