The Law on Amending the Law on Judges and Prosecutors and Some Laws ("Law") was published in the Official Gazette dated 28.06.2022 and numbered 31880.
The Law, which brought regulations in different Laws, also made changes in the Notary Law No. 1512. The changes are as follows:
As of 01.01.2023, Notaries will be able to make real estate sales and real estate sales promise agreements. If one of the parties requests this contract and pays its fees and expenses, it can make an annotation to the land registry through the land registry information system, and notary publics will be responsible for these transactions.
Notary publics authorized by the relevant Law to make the immovable sale contract will be able to issue an application document upon the immovable sale application. The notary public that carries out the transaction will take into account all kinds of restrictions on the immovable property, and the limitations, procedures and principles set forth in other Laws regarding the sale of immovables will be observed.
Land registry sample and other documents will be shared with notaries through the land registry information system by the General Directorate of Land Registry and Cadastre. In case of lack of records and documents related to the real estate, the missing issues will be requested from the relevant land registry directorate and the deficiencies will be transferred to the system by the land registry directorate.
After the notary public determines the right owner and it is determined that there is no legal situation preventing the sale of the real estate, a real estate sales contract will be made.
Notary publics will personally carry out the transactions related to the real estate sales contract. In case the right holder cannot be determined from the land registry copy and other documents, or if there is a legal situation preventing the sale, no sales transactions will be carried out by the notary publics.
Only title deed fee will be charged for real estate sales contracts to be made by notaries, and notary fees will not be required for these transactions.
Notary publics will also be responsible for the damage caused by the issuance of the immovable sales contract.
The regulations will enter into force on 01.01.2023.
Unal&Partners Legal Team
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