The Regulation on the Procedures and Principles Applicable to the Immovable Sales Contracts Executed by the Notary Publics (In Turkish, “Noterler Tarafından Düzenlenen Taşınmaz Satış Sözleşmelerine Uygulanacak Usul Ve Esaslar Hakkında Yönetmelik”, the “Regulation”) has been published in the Official Gazette on 11 January and numbered 31754.

The Regulation covers the procedures and principles governing the immovable sale contracts to be issued by notaries pursuant to Article 61/A of the Notary Public Law No. 1512.

In line with the provisions of this Regulation, the process regarding preparation of the immovable sale agreement is summarized as follows;

• The applications for the issuance of the Immovable Sale Contract (“Contract”) shall only be made through the “e-appointment/application” of the Notaries Union of Turkey through the e-government (In Turkish, “e-devlet”). Accordingly, the immovable to be sold should be selected from the immovables that are listed in the relevant application.
• Subsequently, the required documents set out in article 5 paragraph 3 of the Regulation shall be uploaded to the Notaries Union of Turkey Information System (In Turkish, “Türkiye Noterler Birliği Bilgi Sistemi”, the “Notary System”), and the original documents shall be submitted to the Notary Public on the determined appointment date.
• Upon submission of the application, the relevant Notary will issue an application document from the System. If the application document cannot be issued due to legal or factual obstacles, the subject application will be rejected and the parties will be provided with the opportunity to update their applications.
• If the requisite documents related to the subject immovable are not completed, the deficiencies will be requested from the land registry office where the immovable is registered through the Turkish Land Registry and Cadastre Sharing System (in Turkish, “Tapu ve Kadastro Paylaşım Sistemi” the “TAKPAS”); the deficiencies will be completed by the land registry office and uploaded to the Turkish Land Registry and Cadastre Information System (in Turkish, “Tapu ve Kadastro Bilgi Sistemi” the “TAKBİS“) within three (3) business days at the latest.
• When the deficiencies are eliminated, the Notary will submit the application document to the General Directorate of Land Registry and Cadastre through TAKPAS. After determining that there is no legal obstacle to the sale of the immovable, the notary will prepare the Contract.
• After determining that there is no legal situation restricting or preventing the sale of the immovable, the Notary will invite the parties for the signature process of the Contract, and subsequently record the Contract and other related documents to the TAKBİS. Following this registration, the land registry office records the immovable in the land registry. The Contract together with the accompanying documents shall be recorded on the Notary System and the hardcopies shall be archived at the relevant notary.
• The notary will issue a title deed (in Turkish, “tapu senedi”) and deliver such title deed to the parties upon the completion of the registration after the Contract is signed.

The Regulation has entered into force as of the date of its publication in the Official Gazette. However, pursuant to the Temporary Article 21 of the Notary Law numbered 1512 (the “Law”), the provisions of the Regulation shall not be implemented until the date of announcement on the official website of the Ministry of Justice that establishment of an information system stipulated as per article 61/A of the Law. As per the President’s Decision dated 27 December 2022, published in the Official Gazette dated 28 December 2022 and numbered 32057, the relevant information system shall be established until 1 July 2023.

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