Compulsory Certified Interpreter in Land Registry Transactions with Foreigners

Real estate transactions of foreigners in Türkiye are an important issue which impacts the economic and social dynamics of the country. In this regard, the main regulation determining the legal framework is Article 35 of the Land Registry Law No. 2644. This regulation sets forth the basic principles and limitations on the acquisition of real estate by foreign real persons in Türkiye.

Real estate transactions of foreigners in Türkiye are a complex process that is not only bounded by the legal framework, but also includes regulations on practical applications. In this process, various regulations have been introduced to protect the rights of the parties and to ensure the security of the transactions. One of the most important of these regulations is the obligation to have an interpreter in land registry transactions with foreigners. This obligation is covered under the Public Notice dated 20.02.2019 and numbered 673288. Under the General Announcement, it was stated that the transactions to be carried out with foreign nationals who do not speak Turkish, shall be conducted with interpreters registered in the lists of the Regional Boards of Expertise established in the jurisdiction of the Regional Courts of Justice. However, due to some problems experienced in practice, with the annex to the general announcement dated 27/05/2019 and numbered 2349560, it was stated that until new lists of experts are established by the Regional Boards of Expertise established within the jurisdiction of the regional courts of justice, transactions may also be carried out with the interpreters included in the list of interpreters established by the presidencies of the justice commissions of the courts of first instance of the judicial jurisdiction. The obligation to have an interpreter covers all title deed transactions such as purchase and sale, mortgage, usufruct right establishment. The need for interpreters applies not only to oral communication but also to the understanding of all written documents.

The use of an interpreter is necessary in cases where the foreign national is a party to the transaction and during the official process, i.e. during the transaction at the land registry office. If both parties to the transaction are foreign nationals who do not speak Turkish, a separate interpreter may be provided for each of them. However, if the transaction is carried out through a Turkish-speaking representative, the requirement for an interpreter may be waived. The qualifications of the interpreters who may be assigned in this context are also determined by separate regulations. Interpreters who will take part in land registry transactions must be registered in the List of Regional Boards of Expertise or certified interpreter expert lists of the Regional Judicial Commissions of Justice. The interpreters on these lists have the status of “certified interpreters” and are legally liable for the accuracy of their translations. The selection and assignment of the interpreter is made by the land registry office by selecting from the official lists. It is not permitted for the parties to bring their own interpreters.
These regulations aim to enhance the quality and credibility of interpreting services in land registry transactions. Land registry offices are obliged to use regularly updated lists of interpreters. These practices ensure the legal security of title deed transactions with foreigners and strengthen Türkiye’s international reputation in the real estate market.

Title deed transactions with foreigners require special expertise in terms of both legal regulations and execution processes, and our office provides a competent service in this regard. In this context, Attorney Serhat Sökmen is registered as a sworn translator in English, French and German both to the list of Izmir Regional Board of Expertise and to the list of Izmir Justice Commission Presidency and has been providing services in the relevant fields for a long time. Our experience in certified interpreter expert processes and coordination with the relevant institutions allows us to ensure that transactions are completed quickly and smoothly. Our office provides services to our foreign clients in the acquisition of real estate in Türkiye in full compliance with the legal framework and in the best interests of our clients. The comprehensive and professional service we provide to our clients is an indication of our expertise and competence in this field.