With the Law No. 7413 on the Amendment of the Law on Judges and Prosecutors and Certain Laws published in the Official Gazette dated 28.06.2022, many new regulations were made in the Notary Public Law No. 1512 and notaries were given the opportunity to execute immovable sales contracts. In order to ensure the actual implementation of these regulations, protocols were signed with many institutions, especially the General Directorate of Land Registry and Cadastre, and integrations were ensured and the system was in a position to accept the applications of citizens and perform the sales transaction on July 1, 2023, as stipulated by the Law.
Prior to this regulation, the sale of immovable property could only be realized if the parties executed the transactions by issuing a title deed in front of the title deed officer. This condition was a condition of validity in the formal sense, and the contract became invalid if the specified official form was not complied with. The aforementioned regulation paves the way for notaries to conclude real estate sale contracts in order to carry out real estate sale transactions faster and easier.
With the aforementioned regulation, subparagraph 3 of the first paragraph of Article 60 of the Notarial Law No. 1512 titled “General works to be performed by notaries” was added: The phrase “to conclude an immovable sale contract” has been added and Article 61/A titled “Immovable sale contract” has been introduced.
With the aforementioned regulations, it has become legally possible for notary offices, which perform public services in addition to land registry offices, to conclude real estate sales contracts.
- Application Phase and Process
Within the scope of the relevant regulations, applications for the issuance of immovable sale contracts will be made through the e-appointment/application system of the Notaries Association of Turkey (¨TNBBS¨) using the e-Government Gateway. The application document will be issued through the Information System of the Union of Notaries of Turkey and by a notary public. If the application is rejected by the notary public, the parties will be provided with the opportunity to update the notary public information from TNBBS and this will be notified by text message to the phone numbers notified by the parties. In case the application is accepted, the notary will examine the title deed records related to the immovable property and check whether there are any restrictions preventing the sale by taking into account the restrictions such as annotation/declaration on the immovable property, and when it is determined that there is no obstacle to the sale of the immovable property, the title deed fee and the title deed revolving fund service fee to be paid will be notified to the mobile phones of the parties concerned via text message.
After these evaluations and procedures, the contract will be signed by the parties and the contract and other relevant documents will be registered in TAKBIS by the notary public with the journal number obtained from the Land Registry and Cadastre Information System (¨TAKBIS¨), and then the immovable will be registered in the land registry by the land registry directorate.
