According to the regulation on real estate trade, those who do not have an authorization certificate will no longer be able to become real estate agents. The service fee rate for brokerage services cannot exceed 4 percent of the sales price, excluding value added tax, and one month of the rental fee for leases.
An amendment to the regulation determining the principles, rules and obligations regarding real estate trade and the principles regarding the issuance, renewal and cancellation of the authorization certificate in real estate trading activities was published. According to the regulation, which is included in the current issue of the Official Gazette and makes changes in the regulation on real estate trade, real estate trade can be carried out by the business and contracted businesses with authorization certificates.
The authorization certificate will be issued, renewed and canceled by the Provincial Directorate of Commerce in the location of the enterprise through the Real Estate Trade Information System. The authorization certificate will be issued separately for each business and contracted business and cannot be transferred.
The workplace that is engaged in the trade of immovable property cannot be used for residence purposes and no other commercial activity will be carried out in this workplace.
In order to be able to issue a certificate of authorization to the business, among other conditions, the responsible real estate consultants must be over the age of 18, have at least high school graduation, and at least one of the responsible real estate consultants must have a level 5 and real estate consultants have a level 4 professional qualification certificate.
The service fee rate for brokerage services cannot exceed 4 percent of the sales price, excluding value added tax, and one month of the rental fee for leases.
Remarks by Ruhsar Pekcan:
Minister of Trade Ruhsar Pekcan stated that they aimed to increase the quality of service in real estate activities, to eliminate unfair competition and to prevent informality, with the amendment of the regulation on real estate trade, and stated that real estate activities cannot be carried out without an authorization certificate and that businesses without a certificate cannot become a member of the advertisement sites.
Stating that the regulation for the real estate sector was prepared by taking the opinions and contributions of the sector representatives as well as the relevant parties, Pekcan said, "We aim to increase the service quality in real estate activities, to eliminate unfair competition and to prevent informality." used the expression.
Pekcan stated that they aim to ensure that real estate activities are carried out under fair competition conditions, in an easy, fast and safe environment, and that the sector has a healthier operation by making it more qualified. Noting that approximately 2 million 400 thousand real estate sales were made last year and the registered economic value of these sales was approximately 390 billion liras, Pekcan made the following assessment:
"In our country, 50 percent of real estate sales are made through real estate enterprises and there are more than 60 thousand businesses engaged in real estate activities. However, it is estimated that due to unregistered activities, more than this number is intermediary in the purchase and lease of real estate. and we aim to create a registered real estate sector and to eliminate unfair competition by following the sector closely. "
Pekcan stated that the transition process given to the currently active real estate businesses to obtain authorization certificates ended on August 31, 2020, and stated that real estate activities cannot be carried out without authorization and administrative sanctions will be imposed on those who do real estate without authorization. Pekcan stated that even if more than one real estate business operated in a workplace before, only one of them was given an authorization certificate, and pointed out that from now on, separate authorization certificates will be issued for all businesses operating in the same workplace.
In this way, both the business and contractual business relationship of net data to be accessed on operating in this area documented of all actors both in the sector will be followed emphasizes Pekcan, as in the example of countries that have developed real estate market is educated to the real estate operations in Turkey, have the necessary competencies and work experience people reported that it will be carried out.
Pekcan said, "The upper limit of the service fee, which is 4 percent in real estate purchase and sale brokerage, and the upper limit of the service fee applied as a monthly rental fee in leasing will be effectively inspected and administrative sanctions will be applied to real estate agents who collect service fees above these limits from our citizens, and the authorization of businesses that insist on this practice documents will be canceled. " used the expressions. Minister Pekcan stated that by this means, it will contribute to increase the service quality and prevent consumer victimization and that businesses that do not operate in accordance with the legislation will be purified from the sector.
"In the real estate advertisements, no misleading information will be given to consumers, such as missing or incorrect information on the immovable property, or incorrectly marking the location of the immovable on the map. On the other hand, the Ministry will apply administrative fines to the enterprises that do not comply with these obligations. It will not be able to make non-owner businesses members, it will effectively conclude the requests and complaints regarding the announcements, and will transmit all the information needed regarding the announcements and memberships to the Ministry. No restrictions are imposed on the immovable announcements of our citizens that are not within the scope of commercial activities. Thanks to the regulations, unfair competition and consumer grievances caused by unauthorized and deceptive advertisements will be prevented, while commercial activities without authorization will be followed and punished by the Ministry. "
Pekcan stated that they made great efforts to reduce bureaucracy in trade-related processes, as in all regulations they have made so far, and that the bureaucratic processes were reduced in the issuance and renewal of authorization certificates. Pekcan said, "While two separate workplace controls have been carried out by both municipalities and provincial trade directorates, from now on, the control will only be done by the municipalities before the license is issued." gave the information.
Noting that all transactions regarding the authorization certificate will be carried out through the Real Estate Trade Information System (TTBS), which can be accessed via the website of the Ministry, Pekcan said, "Our provincial directorates will complete the applications quickly thanks to the integrations we have provided with the existing electronic systems of all relevant institutions. This way, the foundations of the real estate sector will be laid easier, faster, safer and more transparent. " used the expressions.