Real estate will be bought and sold at Noter

From July 1, 2023, a new period in the purchase and sale of real estate begins. Real estate purchase and sale transactions can be conducted by a notary public by paying additional notary fees, in addition to the land registry offices

Regulations on this topic were published in the sixth judicial package last year, which was expected to start on January 1, but was postponed to July 1. So, how to apply for real estate purchase and sale transactions with notaries, what is the notary fee schedule ?

Notary fees in the purchase and sale of real estate

Commenting on the project, Mustafa Hakan Ozelmaşıkli, General Manager of Altın Emlak said :

Accordingly, it is expected that notaries will be able to conclude real estate sales contracts as of July 1, 2023. Applications for contract issuance can only be submitted using the e-government portal from the online appointment/submission application of the Notary Publics Union of Turkey. According to the Notary Fee Schedule 2023, the Notary Public will receive a Notary Fee of 1 per thousand of the property sales value when drawing up the contract for the sale of real estate. However, this fee cannot be less than 500 TL and more than 4 thousand TL depending on the value of the property. In addition to this price, citizens will continue to pay tapu fees and revolving fund costs .”

A guide to buying and selling real estate with a notary in 9 steps.

1. Applications can be submitted through the “Online Appointment/Submission” application of the Turkish Notary Publics Union in the e-government system .
2. The real estate to be sold will be selected from the immovable property listed via the Information System of the Notary Publics Union of Turkey (TNBBS) .
3. The identity, address and contact information of the parties will be entered into the system .
4. The real estate tax value of the property and the sale price determined between the two parties, and the amount of TL recorded in the foreign currency purchase document will be written in transactions where foreign real persons are the buyer parties .
5. Documents based on the processed information will be uploaded to TNBBS .
6. The parties will be required to submit the original copies of the documents they have uploaded to the Notary Public on the date and time of the appointment .
7. In the application, the notary office for which the contract will be drawn up can be selected .
8. The Notary Public will issue an application document from TNBBS upon application submission .
9. If the notary public is unable to issue the application document due to legal or actual disability, the application will be rejected by the notary public .

Land registry and cadastre sharing system will be used.

General Manager of Altın Emlak, Mustafa Hakan Özelmacikli, stated that the application document prepared by notaries during the preparation of the contract will be sent to the General Directorate of Land Registry and Cadastre via TAKPAS, and he said, “Detailed property registration information and other information and documents of real estate to be sold will be questioned from TAKPAS. Deficiencies in information and documents will be requested from the land registry office where the property is registered. After completing the records and documents related to the immovable property, the notary will monitor the restrictions, procedures and principles in the legislation, identify the right holder and draw up the contract if there is no legal situation It is prohibited to sell the property.The calculated title deed fee and revolving fund service fee for the transaction will be sent to the notary.The notary will notify the parties by text message of the electronic collection serial number and payment method, as well as the date and time of the appointment to sign the contract.After the registration is completed, the parties will be given a deed Ownership by the notary after signing the contract .

Pointing out that there may be some problems with the application, Özelmashikli said, “There are reasons such as the fact that there will be additional fees for these transactions that will be made at the notary, the system cannot be started simultaneously in all notaries, and the period extended in the Ministry of Justice in which it was made Establish the information system, prolong the signature process in transactions such as refusal, delays and disruptions may occur.In some big cities, where the title deed process is intensive, it may be more intensively preferred.The notary is also responsible for the damage caused by the non-sale contract arrangement Movable. If this loss is paid by the state, the state will turn to the notary who issued the contract. We will see together if there is a failure to take action because of this situation . "