Law that permits the conclusion of a real estate sales contract before notarization

Act No. 7413 on Amendments to the Act on Judges and Public Prosecutors and Certain Acts (“Amended law”) was published in the Official Gazette on 28 June 2022 under the number 31880.

This led to the introduction of significant amendments to Notary Public Law No. 1512 that allowed notaries to enter into real estate sales contracts before a notary public (“law”).

The main revision points of the revised law are summarized below.

  • Due to the revision of Article 60-1-3 of the Act, notary public’s duties include notary public’s provisional real estate sales contract and real estate sales contract. In this connection, real estate sales contracts can be concluded in front of a notary public or land registry office.
  • In accordance with Article 61/A added to the Act, the general procedures and principles to be applied by notaries to real estate sales contracts are stipulated as follows:
  • When an application for the sale of real estate is made, a notary public will issue the application documents. Land register samples and other relevant documents will be shared with the notary public via electronic means by the Directorate General of Land Register and Cadastre.
  • The notary public will check to see if the documents submitted are complete, who the right holder is, if there are restrictions on the property, and if there are any legal circumstances that would prevent it from being sold within the limits of the law. increase. If it is found that the property cannot be sold based on the certified copy of the registry, etc., the property will not be sold by a notary public. If the notary public determines that there is no problem, the real estate sales contract will be concluded.
  • After the parties conclude the sales contract, the notary will submit the contract and related documents to the land registry information system and physically store it. After the contract is recorded in the land registry information system, it is registered in the land register of the property by the land registry office.
  • Due to the revision of Article 162 of the Act, notaries are also responsible for damages caused by concluding real estate sales contracts.
  • Notarized real estate sales contracts are only charged a title deed fee, and these contracts are also exempt from stamp duty and securities fees. Notary fees range from 500 to 4,000 Turkish lira, depending on the value of the property. These amounts increase at a revaluation rate each calendar year.

Details will be provided in a communiqué issued by the Ministry of Justice. This fix will be effective from January 1, 2023.

Read the full text of the revised law here (Turkish only)

Information first published in the MA | Gazette, a bi-weekly legal update newsletter created by Moroğlu Arseven.

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