NEW COMMUNIQUE ON LAND TITLE REGISTRY TRANSACTIONS
The General Directorate of the Land Title Registry and Cadastre (in Turkish, “Tapu ve Kadastro Genel Müdürlüğü”) issued a new circular (hereinafter referred to as the “Circular”) numbered 2021/7 on 11 October 2021, which provides principles for the implementation of the amendments in land title registry transactions.
Municipalities (in Turkish, “Belediyeler”) will provide the property tax value of immovable with directorates of the land title registry through the electronic system. The land title registry offices will make the inquiries through the electronic system in relation to the real estate tax value and tax debt of the immovable, in the event it is observed that the immovable has property tax debt due, no alienation (in Turkish, “devir ve ferağ”) of the immovable shall be carried out.
Immovable with a debt of property tax due may not be subject to sales except for circumstances relating to inheritance, court decisions, compulsory execution warrant, expropriation, or other exceptional cases foreseen in special laws.
Directorates of the land title registry that carry out transactions in relation to immovable that lies outside of their authorization must request relevant authorization from the competent directorates of the land title registry and the property tax value of such real properties will be provided by the competent directorates through the electronic system. However, authorization requests for an immovable with due property tax debt will be rejected.
Directorates of the land title registry will inform the municipalities of any sales transactions that take place while buyers will not be required to make a separate property tax notifications to the relevant municipality.
Municipalities must establish the electronic system for property tax values and due tax debt before 1 January 2023. Notifications will continue to be made to the directorates of the land registry by sellers and buyers until the stipulated date.
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