With the Regulation Amending the Regulation on Real Estate Trade, which was published in the Official Gazette dated 29 April 2026 and numbered 33238, the use of the secure payment system in real estate sale transactions has become mandatory as of 1 July 2026. Accordingly:
- Where cash, bank transfer, electronic funds transfer or other payment methods to be determined by the Ministry of Trade in the future are used in real estate sales, the sale price may not be transferred directly to the seller; instead, it must be paid through the secure payment system ensuring the simultaneous transfer of ownership and payment.
- If all or part of the real estate sale price is financed by banks or financing and savings financing companies, the use of the secure payment system will be mandatory for payments other than the loan amount.
- A usage fee will be charged for each transaction carried out through the secure payment system, and such fee will be deducted from the sale price to be transferred to the seller.
How Will the System Operate?
Under the current practice, payments in real estate sales are generally made in cash or by bank transfer before, during or after the title deed transfer. Under the new system, the process will operate as follows:
- The buyer and seller will agree on the sale price and initiate the transaction through the secure payment system.
- The buyer will deposit the sale price not into the seller’s account, but into a secure account held with a contracted bank or authorized payment institution.
- The sale price will remain blocked in this account until the title deed registration process is completed.
- Once the title deed transfer is approved, the amount will automatically be transferred to the seller’s account.
- If the title deed transfer does not occur for any reason, the blocked amount will be refunded to the buyer.
Legal and Tax Implications of the Amendment
With the introduction of the secure payment system, it is aimed to:
- Provide simultaneous security for both the buyer and the seller by holding the sale price in a neutral account until the title deed registration is completed,
- Eliminate the practice of carrying cash and reduce the risks of counterfeit money, fraud and theft, and
- Prevent unregistered transactions and the understatement of official sale prices in real estate transactions, thereby addressing the issues arising in terms of title deed fees and capital gains taxation.
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