INTRODUCTION
The Regulation on Real Estate Trade was prepared on the basis of paragraph (b) of article 16 of the Law on the Regulation of Retail Trade dated 14/1/2015 and numbered 6585.
Regulation on Real Estate Trade regulates the duties, powers and responsibilities of; whether or not it is registered in the title deed register, the procedures and principles regarding the professional activities of real or legal person traders and tradesmen and artists who mediate the purchase and lease of real estate and deed transactions, and tradesmen and artists who provide consultancy and management services related to the real estate, the procedures and principles regarding the issuance, renewal, suspension and cancellation of the authorization certificate, the conditions sought in the enterprises engaged in the real estate trade, the obligations related to the activities of these enterprises and the Ministry, other institutions and organizations related to authorized administrations regarding the real estate trade.
I.AMENDMENTS
“Regulation on Amendments to the Regulation on Real Estate Trade” published in the Official Gazette dated 16/04/2021 and numbered 31456
ARTICLE 1 – The phrase “high school” is amenden as “primary education”, in sub-paragraph (d) of sub-paragraph (2) of article 6 of the Regulation on Real Estate Trade published in the Official Gazette dated 5/6/2018 and numbered 30442, sub-paragraph (6) of the same paragraph has been changed as follows
“6) At least six months of associate, undergraduate and graduate graduates in the last five years prior to the date of authorization certificate application; those who are excluded have been a real estate consultant or responsible real estate consultant for at least twelve months.”
I.2. COMPARISON OF AMENDMENTS
The Conditions sought in the issuance of a certificate of authority |
The Conditions sought in the issuance of a certificate of authority |
ARTICLE 6 ARTICLE 6
| Different article: Amendments to the Regulation on The Trade of Real Estate (R.G.-14.10.2020/31274) m.5 | Different article: Amendments to the Regulation on The Trade of Real Estate (R.G.-14.10.2020/31274) m.5 |
| (1) In order to issue a certificate of authorization to the enterprise; | (1) In order to issue a certificate of authorization to the enterprise; |
| d) Responsible real estate consultants; | d) Responsible real estate consultants; |
| 1) Having reached the age of eighteen, | 1) Having reached the age of eighteen, |
| 2) Having at least a high school degree | 2) To have at least a primary education degree,
Amendments to the Regulation on Real estate Trade (R.G.-16.04.2021/31456) m.1 |
| 6) At least twelve months of secondary school graduates in the last five years prior to the date of authorization certificate application; associate, undergraduate and graduates have been a real estate consultant or responsible real estate consultant for at least six months, | 6) At least six months of associate, undergraduate and graduates in the last five years prior to the date of authorization certificate application; the rest of them have been a real estate consultant or responsible real estate consultant for at least twelve months,
, |
| Amendments to the Regulation on Real Estate Trade (R.G.-16.04.2021/31456) m.1 |
ARTICLE 2 – The phrase “5/6/2018” in the second paragraph of article 1 of the same Regulation is “14/10/2020”, the phrase “high school” in the same paragraph is “primary education”, the phrase “31/3/2021” in the third paragraph of the same article is “31/7/2021”, and the phrase “Date of entry into force of this article” in the fourth paragraph of the same article is “Date of 14/10/2020”, the phrase “31/3/2021” in the same paragraph is “31/7/2021”, and “31/3/2021” in the fifth paragraph of the same article. the phrase “31/7/2021” and the phrase “Date on which this article came into force” in the golden paragraph of the same article have been changed to “Date of 14/10/2020”.
TEMPORARY ARTICLE 1 |
TEMPORARY ARTICLE 1 |
| (1) As of the date of entry into force of this article, traders and tradesmen and artists engaged in the real estate trade must obtain a certificate of authorization by 31/8/2020 by complying with the conditions in the first paragraph of Article 6. | (1) As of the date of entry into force of this article, traders and tradesmen and artists engaged in the real estate trade must obtain a certificate of authorization by 31/8/2020 by complying with the conditions in the first paragraph of Article 6. |
| Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-11.12.2019/30975) m.1 | Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-11.12.2019/30975) m.1 |
| (2) As of 5/6/2018; Business and contracting enterprises with income or corporate tax or chamber of commerce registration related to the real estate trade; | (2) As of 14/10/2020, business and contracting enterprises with income or corporate tax or chamber of commerce records related to the real estate trade; |
| Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-16.04.2021/31456) m.2 |
| a) If it is a real person business, the owner at that time, | a) If it is a real person business, the owner at that time, |
| b) If there is a legal entity business or branch, one of the authorized representatives who carried out the real estate trade activities at that time, | b) If there is a legal entity business or branch, one of the authorized representatives who carried out the real estate trade activities at that time, |
| In the applications for authorization documents made by the ministry, the requirement for high school graduation specified in subsection 2 of subparagraph (d) of article 6 is not required | In the applications for authorization documents made by the ministry,the requirement for the primary education graduation specified in subsection 2 of subparagraph (d) of article 6 is not required |
| Different paragraph: Regulation on Amendments to the Regulation on Real estateTrade (R.G.-14.10.2020/31274) m.22 | Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-16.04.2021/31456) m.2 |
| (3) As of 5/6/2018, in the applications for authorization documents made by the persons specified in the second paragraph until the date of 31/3/2021on behalf of businesses with income or corporate tax or chamber of commerce records related to the real estate trade, Provided that a certificate of education regarding the real estate trade has been obtained from the Institutions and Organizations or universities authorized by the Ministry of National Education, the Ministry of National Education before 5/6/2018, the requirement of the vocational qualification certificate specified in the first paragraph (ç) of article 6 is not required. | (3) As of 5/6/2018, in the applications for authorization documents made by the persons specified in the second paragraph until the date of 31/7/2021on behalf of businesses with income or corporate tax or chamber of commerce records related to the real estate trade, Provided that a certificate of education regarding the real estate trade has been obtained from the Institutions and Organizations or universities authorized by the Ministry of National Education, the Ministry of National Education before 5/6/2018, the requirement of the vocational qualification certificate specified in the first paragraph (ç) of article 6 is not required. |
| Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-14.10.2020/31274) m.22 | Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-16.04.2021/31456) m.2 |
| (4) In the applications for authorization documents made by the persons specified in the second paragraph until 31/3/2021 on behalf of businesses and contracted enterprises with income or corporate tax or professional chamber records related to the real estate trade as of the date of entry into force of this article: | (4) In the applications for authorization documents made by the persons specified in the second paragraph until 31/7/2021 on behalf of businesses and contracted enterprises with income or corporate tax or professional chamber registration related to the real estate trade as of 14/10/2020: |
| Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-16.04.2021/31456) m.2 |
| (5) As of 5/6/2018, the third paragraph and paragraph (a) of the fourth paragraph shall be applied in the applications for authorization documents made by the persons specified in the second paragraph until the date of 31/3/2021on behalf of the contracted enterprises with income or corporate tax or chamber of commerce records related to the real estate trade. | (5) As of 5/6/2018, the third paragraph and paragraph (a) of the fourth paragraph shall be applied in the applications for authorization documents made by the persons specified in the second paragraph until the date of 31/7//2021on behalf of the contracted enterprises with income or corporate tax or chamber of commerce records related to the real estate trade.. | ||
| Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-14.10.2020/31274) m.22 | Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-16.04.2021/31456) m.2 |
| 6) As of the date of entry into force of this article, the second paragraph (l) of article 14 shall not apply to property consultants. | (6) As of 14/10/2020, the second paragraph (l) of article 14 shall not apply to property consultants |
| Additional paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-14.10.2020/31274) m.22 | Different paragraph: Regulation on Amendments to the Regulation on Real estate Trade (R.G.-16.04.2021/31456) m.2 |
CONCLUSION
Changes are made according to today’s conditions in the matters determined by the Regulation on Real Estate Trade, which is prepared for the regulation of procedures and principles related to the real estate trade. In order to carry out business and transactions in accordance with the provisions of the law and regulation, the persons concerned must closely follow these changes.
– This document is to inform the recipients concerning recent legal developments in Turkey. It does not constitute legal advice or legal opinion on any specific facts or circumstances. The advice of legal counsel should be obtained for specific questions.
– © 2021 Ülken Law Firm
