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Revised November, 2024 – Resource, Turkey iResidence
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THE SALE OF REAL ESTATE IN TURKEY FROM THE NOTARY PUBLIC ERA BEGINS
A new era is beginning in the sale of Turkey real estate. The purchase and sale transactions made only in land registry offices until today will also take place in notaries as of July 4th 2023. So where will the citizen apply, how will the contract be signed, what will be the cost of the transaction? Here are all the curious things about the transfer of title deeds from a notary
Why were Turkish notaries involved in the process?
The increase in real estate purchase and sale traffic is causing density especially in land registry offices in metropolitan cities, appointments could not be made in some periods. In order to reduce the density in the land registry, a new application need arose and notaries were included in the system.
Will only housing sales take place?
Notaries will carry out the purchase and sale of ‘all immovable properties’, not only housing, but also offices, shops, land and fields.
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DON’T GO WITHOUT AN APPOINTMENT
Where will the application be made and how?
It is not possible to go to the notary without an appointment. Those who want to make the sales transaction from a notary will apply using the e-Government door from the ‘e-appointment / application’ application of the Union of Notaries of Turkey. During the application, the real estate to be sold will be selected. Information such as the parties’ information, the real estate tax value of the real estate and the sale price determined between the parties will be processed and documents will be uploaded to the Turkish Notaries Union Information System (TNBBS).
(The originals of the uploaded documents will be submitted on the date and time of the appointment)
In addition, the notary public where the transaction will be performed will also be selected at the application stage. The requests sent to the Information System of the Union of Notaries of Turkey will be sent to the application screen of the selected notary public. If the notary is unable to edit the application document due to a legal or actual obstacle, the application will be rejected and the parties will be provided with the opportunity to update the notarial information. This situation will be notified by text message to the phone numbers registered by the parties.
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DOCUMENTS WILL BE QUESTIONED
How will the purchase and sale process be completed?
After the application, the notary public will issue an application document.
The notary public will send the application document he has issued to the General Directorate of Land Registry and Cadastre via the Land Registry and Cadastre Sharing System (TAKPAS). He will also query the detailed land registry information of the real estate to be sold, as well as other information and documents through TAKPAS. If the documents related to the real estate are missing, the deficiencies will be requested from the land registry directorate where the real estate is registered. The notary public will prepare a contract after determining that there is no legal situation preventing the sale of the missing document or Turkish real estate and property.
The General Directorate will generate an e-collection serial number related to the revolving fund service fee related to the transaction and the collection of the land registry fee and transmit it to the notary from TAKPAS. The notary public will inform the parties by text message of the e-collection serial number and pay method and the date and time of the appointment for the signing of the contract.
If the parties are not present at the notary office on the date and time of the appointment, the information that the procedure will be performed if they apply to the notary office in Turkey within 10 days, otherwise the application will be canceled, will also be sent by the same message.
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THE TITLE DEED WILL BE DELIVERED
After the notary determines that there is no legal situation restricting or preventing the sale of the real estate, he will have the parties sign the contract and register the contract and other documents to TAKBIS by obtaining a salary number from the Land Registry and Cadastral Information System (TAKBIS). After the registration of the contract to TAKBIS, the registration of the real estate to the land registry will be provided by the land registry directorate. With the agreement, other documents will be saved to TNBBS by a notary for indefinite storage, while at the same time they will be archived physically.
A deed of title will be delivered to the parties by a notary public after the contract is signed.
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THERE IS A TRANSACTION FEE
Will the notary public charge paying transfer fees ?
Paying 4% transfer tax of the sales price in the transactions made at the land registry office, the land registry fee will be paid, while an additional fee will be charged at the notaries. The notary fee may not be less than 500 liras and more than 4 thousand liras depending on the value of the real estate. In addition, these amounts will increase at the rate of revaluation every year.
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ADVANTAGES AND QUESTION MARKS
With the purchase-sale period from the notary, citizens will be able to make their transactions faster. Moreover, while transactions are made in land registry offices only on weekdays, real estate purchase and sale can also be made at the end of the week thanks to the notary on duty application. Paid transferr, however, it will be seen over time how much it will be preferred due to the additional fee payment. In addition, the effects of the responsibility imposed by the new system on notaries are also wondered. Because notaries will also be responsible for the damage caused by the arrangement of the real estate sales contract. If this damage is paid by the state, the state will be able to appeal to the notary who issued the contract. It is also stated that there may be refrains from making transactions due to this situation.
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