Real estate purchase & sale transactions in Turkey through Notary Publics

The amendment to the Notary Law (“Law”) was published in the Official Gazette dated 28 June 2022. With the amendment made in the Law, notary publics have been given the authority to make real estate purchase and sale transactions and to put annotations in the land registry as of January 1, 2023.

Pursuant to the amendment made, real estate purchase and sale transactions can be carried out at notary offices other than land registry offices. Notary publics will be able to make a preliminary contract for the sale of immovable and if one of the parties requests this contract and pays the fees and expenses, they will be able to annotate the land registry through the land registry information system and conclude an immovable sale contract. With the brought regulation, it has been paved the way for real estate sales transactions to be carried out by notaries, however, there is no obstacle for real estate sales transactions to be made at the land registry offices. Notary publics will be able to collect relative title deed fees and notary public's fees and expenses while conducting real estate purchase and sale transactions; will not be able to charge any other fees. The notary fee that the notary publics may charge will be determined according to the value of the real estate and cannot be less than 500 TL and not more than 4.000 TL in any case.

 Although it is not yet known under which procedures and principles the transactions regarding these powers given to notaries will be carried out, it is expected that the procedures and principles regarding these transactions will be clarified with the regulations to be published until 01.01.2023, when the amendment made in the Law will take effect.

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