ARTICLE
14 May 2026

Amendment To The Regulatıon On Real Estate Trade

OA
Ozbilen Aykut Attorney Partnership

Contributor

OA provides their national and international clients operating in different sectors with legal services, ranging from mergers & acquisitions to commercial disputes. Supported by a powerful and agile legal team, OA serves its clients as reliable business advisers, moving their businesses forward by prioritizing their needs and objectives, fostering progressive solutions. OA’s sophisticated understanding of the nuances within tax and corporate law not only amplifies its litigation strengths but also emphasizes the significance of tax implications in commercial transactions. This keen focus on tax considerations as a pivotal element of legal strategy enhances client outcomes and drives the successful progression of their commercial ambitions.
Pursuant to the Regulation on the Amendment to the Regulation on Real Estate Trade (the “Amending Regulation”), published in the Official Gazette dated 29 April 2026 and numbered 33238, certain provisions of the Regulation on Real Estate Trade (the “Regulation”) have been amended.
Turkey Real Estate and Construction
Basar Özbilen’s articles from Ozbilen Aykut Attorney Partnership are most popular:
  • within Real Estate and Construction topic(s)
Ozbilen Aykut Attorney Partnership are most popular:
  • within Cannabis & Hemp, Technology and Environment topic(s)

Pursuant to the Regulation on the Amendment to the Regulation on Real Estate Trade (the “Amending Regulation”), published in the Official Gazette dated 29 April 2026 and numbered 33238, certain provisions of the Regulation on Real Estate Trade (the “Regulation”) have been amended.

With this amendment, provisions regarding changes to the authorization certificate have been introduced into the Regulation, and, in particular, new rules have been established concerning the payment system to be used in real estate sales transactions.

Under the Amending Regulation:

  • Article 1 expands the scope of the Regulation to include the procedures and principles regarding (i) amendments to authorization certificates, and (ii) the establishment and operation of the payment system, as well as its use by natural and legal persons in real estate transactions.
  • Article 2 introduces an additional provision stating that amendments to authorization certificates shall also be carried out electronically via the information system by the provincial directorate where the business is located.
  • Article 3 provides that:
    • (i) if there is a change in the trade name or business name, the authorization certificate shall be renewed, whereas other changes shall require amendment;
    • (ii) applications for amendment or renewal must be submitted via the information system within ten days following the occurrence of the change and shall be finalized by the relevant provincial directorate within ten days from the application date;
    • (iii) a change in the business address shall require amendment of the authorization certificate, while a change in the trade name or business name shall require renewal.

In addition, the fourth paragraph, which previously stipulated that the second and third paragraphs of Article 7 of the Regulation would apply to renewals, has been repealed.

  • Article 4 amends, subparagraph (c) of the first paragraph of Article 9, which sets out the circumstances under which an authorization certificate shall be revoked, has been amended to introduce, in addition to the obligation to renew the authorization certificate within the prescribed period, an obligation to amend the authorization certificate within its period of validity.
  • Article 5 introduces Provisional Article 1 to the Regulation, which provides that:
    • (i) where all or part of the payment in real estate transactions is made in cash, via remittance, electronic funds transfer, or other methods determined by the Ministry, such payments must be made through a payment system designed to ensure the simultaneous transfer of ownership and payment;
    • (ii) where all or part of the sale price is financed by financing or savings finance companies as defined under the relevant legislation, the payment system shall be used for the portion of the payment excluding the financed amount;
    • (iii) a service fee shall be charged for transactions conducted through the payment system, and such fee shall be deducted from the sale amount transferred to the seller; and
    • (iv) a commission composed of representatives of the relevant ministries shall be established to monitor the operation of the payment system, identify technical issues, and develop solutions. The principles regarding the establishment, operation, scope, exceptions, service fees and their allocation, as well as the duties and working procedures of the commission, shall be determined in consultation with the Ministry and announced to the public.
  • Article 6 introduces Temporary Article 1, which stipulates that the use of the payment system set out under Provisional Article 1 shall not be mandatory until 1 July 2026, and that the Ministry is authorized to extend this deadline by up to three months.

Effective Date

The Amending Regulation entered into force on 29 April 2026, the date of its publication, and is enforced by the Ministry of Trade.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More