New Regulations on the Rental of Residential Properties for Tourism Purposes

The legislation titled, "Rental of Residential Properties for Tourism Purposes and Amendments to Certain Laws ("Law") was published in the Official Gazette on November 2, 2023. Effective from January 1, 2024, this regulation outlines the fundamental principles, permissions, and administrative sanctions related to the rental of residential properties for tourism purposes.

What are the Conditions for the Rental of Residential Properties for Tourism Purposes?

The new regulation covers rentals for durations of less than one hundred days at a time. It imposes several conditions on real or legal persons renting properties for tourism purposes. This can be done on their own behalf or through platforms such as Airbnb. The Law requires the obtainment of an authorisation from the Ministry of Culture and Tourism ('Ministry") prior to the rental of properties for tourism purposes, and requires a plaque placed by the Ministry at the entrance of the rented residences displaying the qualifications specified by the Ministry. Furthermore, apart from the lessor, only travel agencies certified in accordance with the Law on Travel Agencies and the Union of Travel Agencies are permitted to engage in rental activities for tourism purposes.

When applying for a permit, a unanimous decision approved by all flat owners of the building where the independent section is located must be submitted. In residential complexes consisting of buildings with more than one independent section, a unanimous decision must be adopted by the flat owners of the building in which the housing is rented for tourism purposes and submitted during the application for the permit. Additionally, upon obtaining the permit, a copy must be submitted to the site management.

There are specific conditions for obtaining a licence for more than one independent section. In buildings consisting of more than three independent sections, a permit can be issued in the name of the same lessor for a maximum of twenty-five per cent of the total independent sections.

In the event that the number of independent sections subject to a permit in the same building on behalf of the same lessor exceeds five, it is obligatory to submit a business licence within the application. In the case of the building subject to the application being part of residential complexes consisting of multiple independent units, it is additionally required to present a unanimous decision adopted by all flat owners of the buildings in the relevant residential complex.

If the lessor, holding the permit rents out the residence for tourism purposes or for use as a residence, lessees are also prohibited from subleasing the residence to third parties for tourism purposes on their own behalf and account.

Which sanctions are imposed in case of non-compliance?

Administrative Fines: Engaging in tourism-oriented rentals without obtaining the required permit in violation of the conditions specified in the Law results in high administrative fines.

Anyone renting out their residential property for commercial purposes without the required permit is obligated to pay an administrative fine of one hundred thousand Turkish Liras for each house rented out and obtain a permit within fifteen days. Continuing to engage in tourism-oriented rentals without obtaining the permit after the fifteen-day period, results in an additional administrative fine of five hundred thousand Turkish liras.

Cancellation of Authorisation Certificate: In the event of a change in the lessor for reasons other than inheritance, an administrative fine of fifty thousand Turkish Liras shall be imposed if the notification is not made within thirty days after the change is registered. If, within the thirty-day period following the imposition of this administrative fine, an application for the transfer of the permit has not been made, or if the obligations have not been fulfilled despite the approval of the change in the permit holder, the permit shall be cancelled.

If it is determined that the property does not meet the qualifications for the issuance of a permit, an administrative fine of one hundred thousand Turkish Liras shall be imposed and a period of fifteen days shall be granted for the correction of the contradictions. If it is determined that the contradictions have not been corrected at the end of this period, it is decided to cancel the permit certificate.

In cases where the permit is cancelled, the rights of the users of the residential properties for which the permit has been cancelled will continue until the end of the contract period.

Conclusion

The new regulations, effective from January 1, 2024, aim to promote tourism development while considering public safety and order. It is understood that the goal is to increase supervision specifically for short-term residential rentals lasting less than one hundred days.

We would like to thank Fatma Betül Erdogan for her contribution.

You can access the full text of the Law here (Available only in Turkish).