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With the 12th Judicial Package, a mandatory lawyer requirement in real estate sales has come onto the agenda. According to the statement made by Minister of Justice Akın Gürlek in March 2026, in property purchase and sale transactions of TRY 30 million and above, both the buyer and the seller will be required to be represented by separate lawyers. This regulation will directly affect foreign-investor transactions in particular in cities such as Antalya, which experience intense real estate activity.
What Is the 12th Judicial Package and How Will It Affect the Real Estate Market?
The 12th Judicial Package is a reform package envisaging comprehensive changes in the Turkish judicial system. The package's most important provision directly concerning real estate law is the introduction of a requirement to have a lawyer in property sales above a certain value. This regulation would be the first legal provision in Turkish law to make professional legal representation mandatory in title deed transfer transactions.
The real estate market in Antalya is one of the most dynamic regions of Türkiye for both domestic and foreign investors. Particularly in residential sales to foreigners, the region has for years ranked among the top across the country. For this reason, the lawyer requirement to be introduced by the 12th Judicial Package will directly affect a large portion of the transactions carried out at the land registry directorates in the region.
The Main Purpose of the Regulation
The main purpose of introducing a mandatory lawyer requirement in real estate sales is to increase legal security in high-value property transactions. Under the current system, the parties are not required to have a lawyer during title deed transfer transactions, and this situation leads to the victimization of citizens with insufficient legal knowledge in particular. This regulation aims to prevent disputes arising from collusive sales, transfers made with forged powers of attorney, and contract errors, which are frequently encountered in the Antalya region.
The TRY 30 Million Threshold: Whom Does It Cover?
According to the statement of Minister of Justice Akın Gürlek, mandatory lawyer representation will apply to property purchase and sale transactions of TRY 30 million and above. This threshold covers all residential, commercial real estate, and land sales.
In the Antalya real estate market, luxury residences in areas close to the sea in particular, large-scale commercial real estate, and investment-oriented land purchases run above this threshold. In addition, the minimum USD 400,000 real estate investments made by foreign investors to obtain Turkish citizenship are also assessed within this scope.
It has been observed that in the initial media coverage the threshold was announced as TRY 30 thousand, but in the Anadolu Agency's report dated 27 March 2026 the amount was clarified as TRY 30 million. Discussions also continue in the public sphere regarding lowering the threshold to TRY 10 million in line with current economic conditions. Real estate lawyers operating in Antalya emphasize that the threshold may change during the legislative process.
Requirement of Separate Lawyers for Buyer and Seller
One of the most notable provisions of the 12th Judicial Package is the requirement that both the buyer and the seller be represented by separate lawyers. This practice is an important legal safeguard aimed at preventing conflicts of interest. It will not be possible for the same lawyer to represent both parties at once.
This regulation will create a significant change in real estate transactions in Antalya. Under the current practice, a significant portion of title deed transfer transactions in the region take place either without a lawyer or with a single lawyer representing both parties. With the new regulation, each party will bear the fee of its own lawyer separately.
How Will the Lawyer's Fee Be Determined?
The fee for the mandatory legal service will be determined within the scope of the Minimum Legal Fee Tariff (Avukatlık Asgari Ücret Tarifesi - AAÜT). There are three different fee scenarios being discussed in the public sphere:
| Fee Model | Description | Estimated Fee Range | Impact on the Market |
|---|---|---|---|
| Proportional AAÜT Tariff | Calculated over a certain percentage of the property's sale price | 1-3% of the sale price | The lawyer's fee may be high for high-value regional properties |
| Fixed Tariff | A fixed fee is determined according to the type of transaction | Between TRY 50,000 - 200,000 | Provides predictable costs in all transactions |
| Mediation-Tariff-Like | Tiered fees are applied according to the property value | Tiered by value | A balanced distribution between mid- and high-segment transactions |
Comparison with International Practices
A mandatory lawyer requirement in property sales has been applied for many years in numerous developed countries. The regulation Türkiye plans to introduce with the 12th Judicial Package is part of the effort to align with international standards.
| Country | Lawyer Requirement | Scope |
|---|---|---|
| Germany | Yes (notary + lawyer) | All property sales require notary approval and usually legal advice |
| France | Yes (notary mandatory) | All real estate transactions take place before a notary; a lawyer is recommended |
| Italy | Yes (notary mandatory) | Title deed transfer is done before a notary; a lawyer is mandatory in practice |
| United Kingdom | Yes (solicitor mandatory) | Each party must have a separate solicitor (lawyer) |
| USA | Varies by state | Mandatory in states such as New York and Massachusetts; optional in others |
| Türkiye (Current) | No | There is no requirement to have a lawyer |
| Türkiye (12th Judicial Package) | Yes (planned) | In transactions above TRY 30 million, buyer and seller will be represented by separate lawyers |
As can be seen, the United Kingdom model is the practice closest to the system envisaged by the 12th Judicial Package. The requirement that both parties be represented by separate lawyers has been successfully applied in the United Kingdom for decades.
Practical Effects of This Regulation on Real Estate Buying and Selling in Antalya
Antalya has one of Türkiye's most dynamic real estate markets. The practical effects of this regulation specific to the region can be summarized as follows:
For foreign investors: Residential sales made to foreigners in Antalya are generally of high value. The minimum USD 400,000 purchases made for the purpose of citizenship investment remain above the TRY 30 million threshold at the current exchange rate. For this reason, the vast majority of foreign-investor transactions in the region will fall within the scope of mandatory lawyer representation. Foreign buyers making transactions without fully understanding the legal processes will be prevented.
For domestic buyers: In the region, domestic buyers will also be affected by this requirement, especially in the luxury residential segment and in commercial real estate transactions. However, transactions below TRY 30 million remain outside the scope.
For the real estate sector: Mandatory lawyer representation will increase professionalization in the Antalya real estate sector and prevent unfair competition and collusive transactions. Real estate agents and contractors operating in the region will also have to adapt to this new regulation.
The Legislative Process and Timeline
As of April 2026, the 12th Judicial Package has been submitted to the Presidency. Minister of Justice Akın Gürlek has stated that the package will be taken onto the agenda of the Grand National Assembly of Türkiye (TBMM) committee from April 2026 and that it is aimed to be enacted by the summer months.
The legislative process consists of the following stages:
1. Submission to the Presidency: Completed (March 2026).
2. TBMM Justice Committee: Expected to be discussed in April-May 2026.
3. TBMM General Assembly: Following committee approval, it will be submitted to a General Assembly vote.
4. Presidential Approval and Official Gazette: After being adopted in the General Assembly, it will enter into force upon publication in the Official Gazette.
5. Effective Date: The effective date of the regulation is expected to be set at 6 months to 1 year after the adoption of the law.
It is recommended that persons planning to buy or sell real estate in Antalya follow this process closely and obtain legal advice already now, especially for high-value transactions. Working with an experienced real estate lawyer will provide legal assurance both in current transactions and after enactment.
What Should You Do Under the Current Circumstances?
Although the 12th Judicial Package has not yet been enacted, it is recommended that everyone planning a real estate transaction in Antalya take certain steps already now. Even though the current legal system does not require having a lawyer, obtaining professional legal support in high-value property transactions prevents damages that are difficult to remedy.
Considering the problems that foreign-national buyers in particular face in title deed transfer transactions in the Antalya region — the language barrier, lack of knowledge of the legislation, the risk of forged documents — working with a lawyer is the most correct approach even before the requirement is introduced. A lawyer specialized in real estate law will protect their client's rights to the highest degree during pre-title deed legal examination (due diligence), contract preparation, and the transfer process.
For comprehensive information on the subject, we recommend reviewing our guide titled Representation by a Lawyer in Real Estate Sales in Antalya.
Frequently Asked Questions About the 12th Judicial Package and the Lawyer Requirement
When will the lawyer requirement at the land registry begin with the 12th Judicial Package?
As of April 2026, the 12th Judicial Package has been submitted to the Presidency and is expected to be enacted following the TBMM Justice Committee and General Assembly process. The effective date is envisaged to be set at 6 months to 1 year after the adoption of the law. The exact date depends on the legislative process in the TBMM.
In which real estate transactions will a lawyer be mandatory?
According to the regulation, a requirement to have a lawyer will be introduced in residential, commercial real estate, and land purchase and sale transactions of TRY 30 million and above. Transactions below this threshold will remain outside the scope; however, discussions continue that the threshold may change during the legislative process.
Can the buyer and seller hire the same lawyer?
No. According to the regulation envisaged by the 12th Judicial Package, the buyer and seller are required to be represented by separate lawyers. This requirement was introduced to prevent conflicts of interest. Each party will bear the fee of its own lawyer separately.
How much will the lawyer's fee be?
The fee for the mandatory legal service will be determined within the scope of the Minimum Legal Fee Tariff (AAÜT). Applying a proportional tariff, a fixed tariff, or a tiered mediation-tariff-like model is being discussed. The exact fee model will become clear during the legislative process.
How will foreign investors in Antalya be affected by this regulation?
The real estate purchases made by foreign investors in Antalya are generally of high value. The minimum USD 400,000 required for citizenship investment is above the TRY 30 million threshold at the current exchange rate. Accordingly, the vast majority of foreign-investor transactions will fall within the scope of mandatory lawyer representation.
Is it mandatory to hire a lawyer until the regulation is enacted?
Under the current legal system, there is no requirement to have a lawyer in title deed transfer transactions. However, obtaining professional legal support, especially in high-value real estate transactions, is strongly recommended in terms of identifying possible legal risks in advance and preventing damages that are difficult to remedy.
Will existing promise-to-sell agreements for real estate be affected by this regulation?
Promise-to-sell agreements for real estate concluded before the effective date of the law will as a rule retain their validity within the framework of the existing provisions. However, whether the title deed transfer transaction to be carried out after the effective date will be assessed within the scope of mandatory lawyer representation will become clear through the transitional articles of the law.
