The amendment made to the Notary Public Law numbered 1512 regulated that, real estate sale agreements, which could previously only be executed before the land registry offices, could now be executed at the offices of the notary public, as of 2023. With the public announcement made by the Union of Notaries of Turkey, the sale of real estate in the offices of the notary public has begun as of July 3rd, 2023, and actively implemented as of September.
A. What Impact Does the Regulation Have?
As announced by the Union of Notaries of Turkey, integrations with the relevant institutions and organizations, in particular the General Directorate of Land Registry and Cadastre, have been ensured and the system is activated as stipulated by the Law.
In this scope, upon the application of those who want to sell their real estate through the E-Application / Appointment system of the Union of Notaries of Turkey, the office of the notary public will examine the title deed records and review the annotations, right ownership, restrictions on the real estate and determine whether there is an obstacle to the sale or not.
In case the real estate is convenient for the sale transaction, just as in the sale transactions carried out at land registry offices, a message (SMS) will be sent to the mobile phones of the parties for the payment of the land registry fees.
The parties of the transaction will be summoned to the office of the notary public and sign the real estate sales agreement after the land registry fees are paid. Upon the signing of the real estate sales agreement, the office of the notary public will deliver the title deed and other relevant documents to the parties issued by itself and the transaction will be completed.
However, unlike a sale carried out before the land registry offices, a notary remuneration of not less than TRY 500.00 (FiveHundredTurkishLiras) and not more than TRY 4,000.00 (FourThousandTurkishLiras) will be charged as notary remuneration for 2023, depending on the %0,1 (one-thousandth) of the sales price of the real estate.
B. What Does the Regulation Aim?
The fact that real estate sales agreements can be executed at each office of the notary public in the country and can also be executed on weekends within the scope of the on-call notary practice will reduce the workload of land registry offices, especially in metropolitan areas. This will also provide a new option for citizens to benefit from public services more efficiently.
You can access the full text of the public announcement published by the Union of Notaries of Turkey
here.
Cerensu Çetin Yenigün, Senior Associate
Bekir Yağız Kızkapan, Associate