I. Introduction
The Regulation Amending the Regulation on Real Estate Trade, published in the Official Gazette dated 29 April 2026 and numbered 33238, introduced a new Additional Article 1 on payment systems into the Regulation on Real Estate Trade. Under this amendment, for real estate sales to be completed after 1 July 2026, where all or part of the sale price is paid in cash, by wire transfer, electronic funds transfer or other payment methods to be determined by the Ministry of Trade, the sale price must be paid through the Secure Payment System.
The application of the new regime is not determined by whether the sale price is paid in a single instalment or through multiple payment stages. It depends on whether the transaction qualifies as a real estate sale and whether the sale price is paid through one of the payment methods referred to in Additional Article 1. Accordingly, the fact that a transaction involves a deposit, advance payment, non-financed balance or transfer at the title deed stage should not, by itself, lead to a different conclusion regarding the scope of the system. The connection between the payment and the sale price, the payment method and the legal character of the title deed transaction should be assessed together.
At the same time, the Ministry has not yet published a separate implementation framework setting out the technical operation and practical procedures of the Secure Payment System for real estate sales. As a result, there remain practical uncertainties regarding how the system will be integrated with banks, payment institutions, land registry offices, financed transactions, foreign buyer payments and closing documents.
II. Scope And Effective Date
In light of this framework, the first issue is whether the transaction qualifies as a real estate sale before the land registry. Additional Article 1 is built around the payment of a real estate sale price through certain payment methods. Therefore, the existence of a sale transaction and a sale price linked to that transaction is central to the application of the system.
The scope is not determined by whether the parties are individuals, companies, consumers, investors or foreign persons. It is determined by the legal nature of the transaction and the connection between the payment and the sale price. Where all or part of the sale price is paid in cash, by wire transfer, electronic funds transfer or other methods to be determined by the Ministry, the payment system obligation should be considered.
From an effective date perspective, the transitional provision does not make the system mandatory for real estate sales completed until 1 July 2026. For transactions to be completed after that date, the payment schedule, title deed transfer date, credit-funded and non-credit-funded amounts, and the contractual nature of prior deposit or advance payments should be assessed in the same transaction framework.
III. Non-Sale Transactions, Intra-Family Transfers And Advance Payments
Because the new rule is linked to the concepts of real estate sale and sale price, non-sale transactions require separate treatment. Donations, inheritance transfers and similar non-sale transfers should not, to the extent they do not involve a sale price, trigger a sale price payment obligation under Additional Article 1.
However, the personal or family relationship between the parties does not itself create an exemption. The current text of the Regulation does not provide an express exemption for paid real estate sales between first-degree relatives. Therefore, if an intra-family transaction is carried out as a sale before the land registry and the sale price is paid through one of the payment methods referred to in Additional Article 1, the transaction should not be treated as outside the system solely because of the kinship relationship between the parties.
For swaps, preliminary sale promise agreements, share transfers in co-owned real estate and mixed payment structures, the key point is the relationship between the legal character of the title deed transaction and the payment. A sale promise agreement does not itself transfer ownership. Nevertheless, a deposit, advance payment or withdrawal amount paid under such an agreement may later become linked to the sale to be completed before the land registry. These payment categories should therefore be clearly characterized in the transaction documents.
IV. Financed Sales, Use Fee And Title Deed Transfer Process
Financed sales are addressed separately in the new provision. Where all or part of the real estate sale price is financed by a bank under the Banking Law or by a financing or savings finance company under the relevant legislation, the payment system applies to payments other than the financed amount.
Therefore, the mere existence of a loan facility does not mean that the entire transaction falls outside the system. Buyer equity contributions, down payments, the non-financed balance, additional transfers at the title deed stage and other amounts agreed between the parties should be assessed under the new regime to the extent they are linked to the sale price.
Additional Article 1 also provides that a use fee will be charged for each transaction made through the payment system and that this amount will be deducted from the sale price transferred to the seller. This may create a difference between the gross sale price and the net amount received by the seller. For higher-value negotiated transactions, the price, cost allocation and payment provisions should therefore be structured together.
From a title deed transfer perspective, the new regime requires a more precise payment and registration timetable. The timing of the transfer into the system, preparation of the non-financed amount, economic allocation of the use fee and refund mechanics if the title deed transfer is not completed are issues that should be addressed before closing.
V. Contractual Risk And Foreign Buyer Transactions
The mandatory use of the Secure Payment System increases the importance of payment and default provisions in real estate sale contracts. Existing templates referring to direct payment to the seller, full payment before title deed transfer, informal cash payments, blocked cheques or simultaneous wire transfer at the land registry should be reviewed for consistency with the new payment system.
This review is not limited to the payment channel. The contract should address the consequences of the seller failing to attend the title deed appointment, the buyer failing to fund the system on time, the loan amount not being ready on the transfer date, a defective power of attorney or the emergence of an unexpected encumbrance before closing.
For foreign buyers, the payment system does not replace the separate legal checks required for real estate acquisition in Turkey. Foreign natural person acquisition rules, acquisition by Turkish companies with foreign shareholding, military or security zone restrictions, the nature of the property, title records, zoning status, encumbrances and authority of representatives should be reviewed independently of the payment system.
Cross-border payments also require transaction-specific planning. Bank account opening, timing of foreign currency transfers, payment explanations, compliance checks by the remitting bank, tax number registration, sworn translations, apostille or consular-approved powers of attorney can all affect the land registry timetable. In transactions involving foreign buyers, the sale contract, transfer schedule and representation documents should be planned as part of a single closing structure.
VI. General Assessment
The Secure Payment System for real estate sales should not be treated merely as a technical change in payment channel. It affects how the sale price is paid, how non-financed amounts in financed transactions are transferred, how the use fee is reflected in the sale price and how pre-closing payments are characterized contractually.
For this reason, parties should not focus only on the day of the land registry transfer. Deposits and advance payments, financed transactions, foreign buyer transfers, powers of attorney, paid intra-family sales, co-owned real estate transfers and sale promise agreements should all be assessed in light of the new payment system regime.
