Fees And Responsibility In Title Deed Transfer Transactions
LAW NO. 492 ON FEES
The principles regarding the fees to be applied in the real estate transfer transactions to be made at the land registry are regulated by the Law No. 492 on Fees. The legislator has regulated the basis of the fees to be applied in the transfer of the real estate under the title of “Measures and Proportions of Fees” and the Tariff is referred to in these article regulations.
In Article 60 of the Law No. 492, under the title of “Measures of Levying Fees”, it is stated that “Land Registry and Cadastre Fees are levied on the transactions written in the tariff numbered (4) on a proportional or lump sum basis on the basis of value, according to the type and nature of the transactions.” I.n addition, in the text of Article 61, which determines that the calculation will be made according to the value of the real estate, it is stated that “The values written in the tariff numbered (4) are the basis for transactions subject to fees according to the value measure.”. In this case, while determining the basis of the fee in the transactions to be made in the land registry regarding the real estates, the amount determined in the Tariff will be made on the value accepted as the basis of the transfer.
According to the Tariff No. (4), in the transfer and acquisition of real estates in return for consideration or on the basis of a contract of maintenance until death or according to the provisions of trampa, it is determined according to the procedure to be paid separately for the transferor and the transferee over the real estate tax value (over the sale price in cases of forced execution and settlement of the dispute, over the appraised value in expropriations), not less than the declared transfer and acquisition value of the real estate.
FEE COST
The price to be paid is determined as 20 per thousand for the buyer in the text of the law and the same rate is determined as 20 per thousand for the seller. However, this rate was re-determined as “15 per thousand” for residences and workplaces (including those where a condominium easement has been established) to be applied until 31/10/2018 (including this date), with the Supplementary Decree of the Council of Ministers dated 30/4/2018 and numbered 2018/11674 published in the Official Gazette dated 5/5/2018 and numbered 30412.
While the fee at the rate of 15 per thousand stated above was previously determined as “15 per thousand” to be applied until 30/9/2017 (including this date) with the Supplementary Decision of the Council of Ministers dated 13/3/2017 and numbered 2017/9973 published in the Official Gazette dated 15/3/2017 and numbered 30008, it was extended until 31/10/2018 with the OG publication dated 05.05.2018.
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