Regulation on the Processing of Land Registry and Cadastre Data and Transactions to Be Conducted in Electronic Environment (“Regulation”)

The Regulation on the Processing of Land Registry and Cadastre Data and Transactions to Be Conducted in Electronic Environment (“Regulation”) was published in the Official Gazette No. 31860 dated 08.06.2022 and entered into force on the date of publication.

The Regulation sets forth the procedures and principles regarding the processing of data contained in the central database of the General Directorate of Land Registry and Cadastre (“General Directorate”) and transactions to be carried out electronically.

Within the scope of the Regulation, land registry and cadastral data refers to the information contained in the Land Registry and Cadastre Sharing System (“TAKPAS”) regarding the association of real estate with natural persons and legal entities and the rights established over such real estate.

A. General Principles Regarding Data Access

Pursuant to the Regulation, in order for persons or institutions benefiting from TAKPAS (“Recipient”) to create data requests and conduct inquiries, it is mandatory to execute a protocol with the General Directorate or submit an electronic acceptance declaration.

The Regulation stipulates that the data maintained by the General Directorate in its central database shall only be shared with the Recipient online. The data to be shared shall be determined by taking into consideration the Recipient’s purpose of data use and legal basis.

The Recipient may obtain information regarding the relevant persons in accordance with the protocol executed with the General Directorate. Such personal data cannot be used for any purpose other than carrying out the activity for which the purpose of use has been defined.

Pursuant to the Regulation, if the information obtained within the scope of a data access request is obtained by unauthorized persons, the General Directorate shall apply partial anonymization or masking measures on the information it deems necessary in order to make it difficult to identify the owner of such information.

The Recipient is also responsible for ensuring the confidentiality of the data obtained and shall take all necessary administrative and technical measures to prevent unlawful processing and access to such data and to ensure its protection.

B. Access to TAKPAS Data and Access Rights

The Regulation defines the scope of TAKPAS services as internet services enabling institutions and individuals to conduct inquiries and perform land registry transactions electronically through:

• Interactive inquiries accessible through interfaces; and

• Modules that can be integrated into their own software applications.

In inquiries, the information available in TAKPAS and authorized to be obtained by institutions and individuals shall be shared as the result of the inquiry according to the relevant inquiry criteria.

It is not possible to share information with institutions or individuals regarding data for which they do not have authorization.

C. Establishment of Transactions in Electronic Environment

For transactions to be conducted electronically regarding requests for registration, annotation, declaration, and cancellation in the land registry:

In addition to the information regarding the real estate obtained from TAKPAS, such as island, parcel, and independent section information (if applicable), the following information must also be submitted by the institutions having a protocol with the General Directorate to the relevant land registry office where the real estate is located:

For natural persons:

• Turkish Republic identity number/foreign identity number,

• Name,

• Surname,

• Father’s name, and other identification information.

For legal entities:

• MERSIS number/tax identification number,

• Legal entity identification information.

Otherwise, such requests shall be rejected.

D. Access of Lawyers to Data Through the Union of Turkish Bar Associations

Finally, it should be emphasized that, according to the Regulation, lawyers may query real estate information through TAKPAS interfaces and/or internet services as sub-users of the Union of Turkish Bar Associations, provided that such access is related to their professional duties.

Conclusion

With the Regulation, the procedures and principles regarding the processing of data contained in the central database of the General Directorate of Land Registry and Cadastre and transactions to be conducted electronically have been established.

Submitted for your information and consideration.