A new era begins in real estate sales. The purchase and sale transactions, which have been carried out only in the title deed offices, will also take place at the public notary as of July 4th. So, where will the citizen apply, how will the contract be signed, and what will be the cost of the process? Here are all the questions about the transfer of the title deed at the notary public …
1. Why did notaries involve in the process?
The increase in real estate purchase and sale traffic caused congestion, especially in the title deed offices in metropolitan cities, and sometimes appointments could not be made. In order to reduce the density of the land registry, a new application requirement emerged and notaries were included in the system.
Will there be only residential sales?
Not only residences but also ‘all immovables’ such as offices, shops, land, and fields will be bought and sold at the public notary.
DON’T GO WITHOUT AN APPOINTMENT!
2. Where and how to apply?
It is not possible to go to the notary without an appointment. Those who want to make the sales transaction through a notary public can apply using the e-Government portal from the ‘e-appointment/application’ application of the Notaries Union of Turkey. During the application, the real estate to be sold will be selected. Information such as the parties’ information, the real estate tax value of the immovable and the sales price determined between the parties will be processed and documents will be uploaded to the Information System of the Notaries Union of Turkey (TNBBS). (Originals of uploaded documents will be submitted at the appointment date and time.)
In addition, the notary public’s office will be selected at the application stage. Requests sent to the Notaries Union of Turkey Informatics System will appear on the application screen of the selected notary public. In case the notary public cannot issue the application document due to a legal or disability, the application will be rejected and the parties will be provided with the opportunity to update the notary public information. This situation will be notified by text message to the phone numbers registered by the parties.
NEEDED DOCUMENTSÂ
3. How will the process be completed?
- After the application, the notary will issue the application document.
- The notary public will send the application document to the General Directorate of Land Registry and Cadastre via the Land Registry and Cadastre Sharing System (TAKPAS). It will also inquire about the detailed title deed registration information and other information and documents of the real estate to be sold through TAKPAS. In case of missing documents related to the immovable, the deficiencies will be requested from the land registry office where the immovable is registered. The notary will prepare a contract after determining that there is no missing document or a legal situation that prevents the sale of the immovable.
- Â The General Directorate will generate the e-collection serial number for the collection of the revolving fund service fee and the title deed fee of the transaction and send it to the notary public via TAKPAS. The notary will notify the parties with a text message of the e-collection serial number and payment method, as well as the date and time of the appointment for signing the contract.
- If the parties are not present at the notary public’s office on the date and time of the appointment, the same message will be informed that if they apply to the notary public within 10 days, action will be taken. otherwise, the application will be canceled.
THE TITLE DEED WILL BE DELIVERED
- After determining that there is no legal situation that restricts or prevents the sale of the real estate, the notary will have the parties sign the contract, obtain a journal number from the Land Registry and Cadastre Information System (TAKBİS), and save the contract and other documents to TAKBİS. After the registration of the contract to TAKBİS, the real estate will be registered to the land registry by the land registry directorate. While the contract and other documents will be recorded by the notary public in TNBBS to be kept indefinitely, they will also be archived physically.
- Â The deed will be delivered to the parties by the notary public after the contract is signed.
THERE IS A TRANSACTION FEE
5. Will there be an additional fee for the notary public?
While 4 percent of the sales price is paid in the transactions made at the land registry office, an additional fee will be charged at the notary public. Notary fees cannot be less than 500 TL and more than 4.000 TL according to the value of the real estate. In addition, these amounts will increase each year at the rate of revaluation.
ADVANTAGES AND QUESTIONS
Citizens will be able to do their transactions faster for buying and selling at the notary public. Moreover, while transactions in The Title deed offices are carried out only on weekdays, real estate can be bought and sold at the weekend thanks to the Notary On Duty Application. However, it will be seen over time how much it will be preferred due to the additional Fee. In addition, the effects of the responsibility imposed on the notaries by the new system are also questioned. Because notary publics will also be responsible for the damage caused by the arrangement of the immovable sales contract. If this loss is paid by the state, the state can recourse to the notary who issued the contract. It is also stated that due to this situation, avoidance of transactions may occur.
