A mandatory Secure Payment System for real estate sales in Turkey starts on 1 December 2026. We explain its scope, mortgage purchases, deposits and fees.
This article reflects the Regulation on Real Estate Trade (Taşınmaz Ticareti Hakkında Yönetmelik) as amended on 29 April 2026 and 1 October 2026, the Ministry of Trade’s press releases and the Turkish Code of Obligations No. 6098, as in force on 2 November 2026. The system’s fee, exemptions and operating details will be set by a protocol that has not yet been made public; check the latest announcements of the Ministry of Trade, the General Directorate of Land Registry and Cadastre and your bank before any sale. The Turkish version of this article prevails.
Anyone who has bought property in Türkiye knows the scene at the land registry office: a buyer carrying a bag of cash, or a seller refreshing a banking app to see whether the transfer has arrived. Fake transfer receipts, sellers who hand over the title deed (tapu) and never get paid, and buyers who pay but never receive the title are the darker side of that scene. To reduce these risks, the Ministry of Trade has made a “Secure Payment System” (Güvenli Ödeme Sistemi) mandatory for real estate sales. After two postponements, mandatory use starts on 1 December 2026.
This guide explains the legal basis of the system, which sales it covers, what it means for mortgage-financed purchases and deposits, who bears the cost, and which points remain unclear. It is written with both Turkish and foreign buyers and sellers in mind, and sits at the centre of our real estate law practice.
What is the Secure Payment System?
The Secure Payment System is a payment infrastructure designed to make sure that ownership of the property and the sale price change hands at the same time. According to the Ministry of Trade, its purpose is to protect buyers and sellers against fraud, theft and forgery, to reduce unrecorded transactions and to ensure that money transfers take place in a secure environment. It is being built through joint technical work by the Ministry of Trade and the General Directorate of Land Registry and Cadastre (TKGM), connecting TKGM’s information systems with banks.
The idea is not new to Turkish law. Under Article 207(2) of the Turkish Code of Obligations, unless otherwise agreed or customary, the seller and the buyer must perform their obligations simultaneously. The Secure Payment System can be seen as a technical tool that enforces this “simultaneous performance” principle at the land registry.
Legal basis and timeline
The system was introduced by amendments to the Ministry of Trade’s Regulation on Real Estate Trade:
| Date | Development |
|---|---|
| 29 April 2026 | A regulatory amendment (Official Gazette No. 33238) made the Secure Payment System mandatory, set 1 July 2026 as the start date and authorised the Ministry to extend it by up to three months. |
| 26 June 2026 | The Ministry used that power to move the start date to 1 October 2026 so that technical work could be completed. |
| 28 September 2026 | The Ministry announced that, as banks were still building their infrastructure, mandatory use would start on 1 December 2026. |
| 1 October 2026 | A further amendment (Official Gazette No. 33387) set the start date at 1 December and introduced an “integrator” model to build and run the system. |
Under the 1 October 2026 amendment, the Ministry will authorise an integrator to set up, operate and develop the mandatory system and to produce statistics and reports. The system will be established and operated under a protocol between the Ministry of Trade, the relevant units of the Ministry of Environment, Urbanisation and Climate Change, and the integrator. The protocol will also determine which sales are excluded, the scope of a pilot phase, the usage fee and how that fee is shared. At the time of writing, we could not find a published text of the protocol.
Which sales are covered?
According to the Ministry, where all or part of the sale price is paid in cash, by bank transfer (havale) or by electronic funds transfer (EFT), payment must go through the Secure Payment System. The Ministry’s announcements mention no minimum amount, and commentators note that the rule applies not only to sales arranged by real estate agents but also to direct sales between owners.
Mortgage-financed purchases
Under the regulation, the portion of the price financed by a bank, a financing company or a savings-finance company falls outside the system. Payments outside the loan amount, such as the buyer’s own down payment, will go through it. Since bank lending is already tied to the land registry transaction, this distinction makes sense; exactly when the down payment will be blocked in the system will become clear in practice.
Sales completed before 1 December 2026
Under a transitional provision of the regulation, the system is not mandatory for sales completed before the mandatory start date. What matters is the date of the official sale at the land registry. How payments will be handled where a promise-to-sell agreement signed before 1 December 2026 is completed at the registry after that date should be clarified by the protocol and implementing instructions.
Exemptions to be set by protocol
Which sales will be excluded has been left to the protocol. It has not yet been announced how sales of undivided shares (hisseli satış) or sales involving public bodies will be treated. Gifts and transfers by inheritance are not sales and are therefore not directly within the system’s scope, but in borderline cases the land registry’s practice will be decisive.
How will it work?
What is certain from the regulation is the principle: the price is paid through a system that ensures it changes hands simultaneously with the title transfer. According to press reports, the process is expected to follow these steps (these details could not be verified from an official source):
- The buyer deposits the price with a participating bank or authorised payment institution; the money is held in a blocked account.
- The official sale is executed at the land registry office and the transfer is registered.
- Upon registration, the blocked amount, less the usage fee, is released to the seller.
- If the transaction does not go ahead for any reason, the blocked amount is returned to the buyer.
The Ministry has also said that a pilot will be run once banks’ infrastructure is ready. Which banks will take part and where the pilot will start had not been announced at the time of writing.
Who pays the fee?
Under the regulation, a usage fee will be charged for each transaction and deducted from the amount paid to the seller. In principle, therefore, the cost comes out of the seller’s proceeds. The amount and how it is shared will be set by the protocol; no figure has been announced yet.
The parties may agree between themselves that the buyer will bear the fee or that it will be shared. Such an agreement does not change how the system operates, but it governs who ultimately bears the cost. It is therefore sensible to update the cost clause in promise-to-sell agreements and in brokerage agreements with real estate agents.
Deposits, promise-to-sell agreements and advance payments
Many sales in Türkiye begin with a deposit (kapora) paid weeks before the registry appointment. Under the Turkish Code of Obligations, money paid when a contract is made is, as a rule, not a forfeit payment but earnest money given as proof that the contract was concluded, and it is deducted from the price unless otherwise agreed or customary (Article 177). If the parties have agreed on a forfeit payment (cayma parası), the party who paid it may withdraw by forfeiting it, while the party who received it may withdraw by returning double the amount (Article 178).
Just as important is whether the deposit is tied to a valid contract. Under Article 237, a sale of real estate and a promise to sell real estate are valid only if made in official form; under Article 29, the validity of a preliminary agreement generally depends on the form required for the main contract. A private “deposit receipt” signed at a real estate agent’s office is not, on its own, a valid sale or promise-to-sell agreement for real estate.
The key open question is this: since the regulation also covers payment of “part” of the price in cash, by transfer or by EFT, can deposits or interim payments made before the registry appointment still be paid outside the system? There is no official answer yet. Given the system’s purpose, it is reasonable to expect that payments to be credited against the sale price will also be routed through it, and that doing otherwise may cause problems at the registry. Until this is clarified, the safest approach is to avoid large advance payments and to make any payment by bank transfer with a clear description.
Implications for real estate agents
The Regulation on Real Estate Trade is the main set of rules governing licensed real estate agencies. Agents will need to comply with the Secure Payment System rules and inform their clients accordingly. Some commentators state that breaches of the regulation may trigger the administrative fines under Law No. 6585 on the Regulation of Retail Trade (could not be verified from an official source). How sanctions would apply to individuals selling their own property is not yet clear.
What the system does not solve
The Secure Payment System will largely eliminate the “money first or title first?” problem on completion day. Disputes that arise earlier or later in the sale will remain. For example, if the seller refuses to attend the registry after signing a promise-to-sell agreement, the buyer will still need to go to court on the basis of that agreement; the system only secures the payment side of a sale that actually takes place at the registry. Likewise, defects, a shortfall in floor area or late delivery will continue to be assessed under the sale provisions of the Turkish Code of Obligations. Secure payment should therefore be seen as a complement to a well-drafted contract and pre-sale legal due diligence, not a substitute for them.
Practical checklist for buyers and sellers
- If completion falls on or after 1 December 2026, plan from the start for payment through the Secure Payment System and ask your bank how the process works.
- If you sign a promise-to-sell agreement, have it executed before a notary in official form, and state clearly whether the deposit is earnest money or a forfeit payment.
- Agree in writing who will bear the usage fee.
- For mortgage-financed purchases, remember that the down payment outside the loan will go through the system.
- Make sure the true price is declared at the registry; under-declaring the price can cause serious problems in later disputes and tax audits.
- Check title and identity details, and any annotations and mortgages on the property, before the sale. Secure payment alone does not eliminate the risk of sales made with forged powers of attorney or identity documents; in such cases title deed cancellation and registration actions may become necessary.
The same rules will apply to foreign nationals buying property in Türkiye; no separate exemption for foreign buyers has been announced. We have discussed why payment records are especially important in purchases made for citizenship by investment in our article on Turkish citizenship through real estate investment.
Frequently asked questions
When does the Secure Payment System become mandatory?
Under the regulatory amendment of 1 October 2026, mandatory use starts on 1 December 2026. It is not mandatory for sales completed before that date.
Can I still pay in cash at the land registry?
From 1 December 2026, if all or part of the price is paid in cash, by transfer or by EFT, payment must go through the Secure Payment System. Handing over cash at the registry would breach this rule.
Does the system apply if I buy with a mortgage?
The portion financed by the loan is outside the system. The down payment and any other payments not covered by the loan will go through the Secure Payment System.
How much is the fee and who pays it?
A usage fee will be charged for each transaction and deducted from the amount paid to the seller. The amount and how it is shared will be set by protocol; no figure had been announced at the time of writing. The parties may agree a different split between themselves.
What happens to the deposit I paid before completion?
It has not been officially clarified whether deposits can be paid outside the system. Under Article 177 of the Turkish Code of Obligations, a deposit is generally earnest money and is deducted from the price. Until the position is clear, keep advance payments limited, make them by bank transfer and tie them to a promise-to-sell agreement made in official form.
Conclusion
The Secure Payment System aims to remove one of the oldest risks in Turkish property sales by technically securing the simultaneous exchange of price and title. Key details, including the fee, exemptions and the pilot phase, are still left to a protocol. For sales planned after 1 December 2026, contracts should be drafted with the new framework in mind and the bank and registry process clarified in advance. If you have questions about a property sale, you can contact us.
Sources
- Ministry of Trade – Press release on making the Secure Payment System mandatory (29 April 2026, in Turkish)
- Ministry of Trade – Start date postponed to 1 October 2026 (26 June 2026, in Turkish)
- Ministry of Trade – Press release on the regulatory amendment (28 September 2026, in Turkish)
- Anadolu Agency – Regulation on Real Estate Trade amended (1 October 2026, in Turkish)
- Ekonomi Gazetesi – Amendment to the real estate trade regulation (1 October 2026, in Turkish)
- Turkish Code of Obligations No. 6098 (published by the Ministry of Labour and Social Security, in Turkish)
- Öner Law – Secure Payment System in real estate trade (in Turkish)
- Secure Payment System starts on 1 December 2026 – commentary (in Turkish)
This content is provided for general information and does not constitute legal advice.