The Regulation on the Procedures and Principles to be Applied to Real Estate Sales Contracts Issued by Notaries was published in the Official Gazette dated 11.01.2023. The Regulation covers the procedures and principles to which the real estate sales contracts to be drawn up by the notary publics which are subject to Article 61/A of the Notary Public Code.
In the Regulation, it is stated that the applications for the sales will be made through e-devlet system.
Notaries will use the contract sample in the Information System of the Notaries Union of Turkey and which prepared by the Notaries Union .
In the regulation, it is stated that the transactions related to the contract will be made by the notary himself/herself.
In case the records and documents related to the immovable are missing, the deficiencies will be requested from the title deed directorate where the immovable is registered and the deficiencies will be corrected within three working days at the latest. After the completion of the records and documents regarding the immovable, the notary public will observe the limitations, procedures and principles in the legislation regarding the real estate sales. If it will be determined that there is no legal situation preventing the sale of the immovable the contract will be drawn up.
The notary fee will be between 500 TL and 4,000 TL depending on the value of the real estate, and the title deed fee will be collected in accordance with subparagraph (a) of the paragraph (20) of the section titled “I-Deed transactions” of the tariff numbered (4) attached to the Fees Law.
If a party/parties are not present at the notary public's office at the date of the sale, they will be informed that they may apply to the notary public within ten days. If they do not apply the application will be cancelled.
Although it is stated that the Regulation will enter into force on the date of publication, its implementation will be on the date when the establishment of the information system as per Article 61/A of the Notary Public Law is announced on the official website of the Ministry of Justice.
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