Sale of Real Estate through Notaries in Turkey…Real estate sales transactions organized by notaries are carried out in accordance with the procedures and principles determined by the regulation published in the Official Gazette dated January 11, 2023. This regulation includes the procedures required for notaries to prepare real estate sales contracts and covers applications to be made through the e-Devlet portal, review of relevant documents and issuance of the contract.
Application Process:
Applications for the preparation of a real estate sales contract are made using the “e-appointment” application of the Notaries Association of Turkey via the e-Devlet portal.
During the application, the real estate to be sold is selected and the necessary information such as the identity, address and contact information of the parties are recorded in the Turkish Notaries Union Information System (TNBBS).
The originals of the documents uploaded by the parties must be submitted to the notary public on the appointment date and time.
In the application, the notary office where the contract is requested to be drawn up is selected and the requests sent to TNBBS appear on the application screen of the selected notary public.
Form and Content of the Agreement:
The notary public uses the contract sample prepared by the Union and recorded in the Turkish Notaries Union Information System, taking into account the form and content of the contract in the Land Registry and Cadastre Information System.
Preparation of the Contract:
The notary public forwards the application document to the General Directorate through the Land Registry and Cadastre Sharing System.
Detailed title deed registration information and other information and documents regarding the real estate to be sold are inquired from TAKPAS.
Missing documents are requested from the relevant land registry office, corrected by the land registry office and uploaded to TAKBİS.
This process is completed after it is determined that there is no obstacle to the sale of the real estate and the real estate sales contract is signed by the parties. After the contract is signed, the notary takes the journal number from the information system and records the contract in the system. After registration in the system, the real estate is registered in the land registry by the land registry office.
How much is the notary fee for a real estate sales contract?
When notaries prepare a real estate sales contract, they receive a notary fee of 1 per thousand of the sales value of the real estate. However, this fee cannot be less than five hundred Turkish liras and cannot be more than four thousand Turkish liras, depending on the value of the real estate. Notaries cannot receive any fee from the real estate sales contracts they conclude other than the notary fee determined in this paragraph.
