Short-term Rental in Turkey: The Complete Text of the New Rental Law for Turkish Property Owners
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Today, we are sharing with you the translation and full text of the new law regarding short-term property rental in Turkey, which we have prepared especially for you.
The full text of the law in Turkish can be viewed here
LAW ON TOURISTIC RENTAL OF RESIDENTIAL SPACES AND AMENDMENTS TO SOME LAWS
Law Number: 7464
Adoption Date: 25/10/2023
FIRST CHAPTER: Purpose, Scope and Definitions
Purpose and Application Scope
Article 1 - (1) The purpose of this Law is to determine the procedures and principles of renting residential spaces by individuals and legal entities for tourism purposes.
(2) This Law covers the general principles of renting residential spaces for touristic purposes, granting permits, administrative sanctions and the rules that these rented residential spaces for touristic reasons need to comply with.
(3) The rental that is conducted for a period of over hundred days at once, does not come under the scope of this Law.
Definitions
Article 2 – (1) In this Law:
a) "Minister" refers to the Minister of Culture and Tourism,
b) "Ministry" refers to the Ministry of Culture and Tourism,
c) "Permission" refers to the permission to rent a residential space by individuals or legal entities for a period not exceeding hundred days,
d) "Permission Holder" refers to the individual who leases the property under their own name,
e) "Lessor" refers to the individual or legal entity that owns or has the right to use the dwelling,
f) "Residential object" refers to any independent part registered in the cadastre for dwelling purposes,
g) "User" refers to the individual or legal entity who has entered into a rental agreement for touristic purposes,
h) "Tourist rental" refers to the rental of residential spaces by users for a period not exceeding hundred days for any purpose,
i) "Provincial Administration" refers to the administration of the province where the house rented for touristic purposes is located.
SECOND CHAPTER: Characteristics of Permit Certification and Applied Administrative Sanctions
Characteristics of Permit Certification
ARTICLE 3 - (1) In order to rent property for touristic purposes, it is necessary to obtain a special permit (licence) . Additionally, a certificate of permission, the characteristics of which are determined by the Ministry, should be displayed at the entrance of the rented property.
(2) The Ministry has the right to issue the permit. The Ministry may also exercise this right through governorates. The fee for the permit and certificate is determined by the Ministry.
(3) When applying for the permit, it is necessary to provide a unanimous decision taken by all property owners in the building that renting for touristic purposes is acceptable.
In residential complexes consisting of buildings with multiple separate sections, these provisions only require for the building where the property is rented for touristic purposes, and the permit sample is handed over to the complex administration.
(4) In buildings with more than three separate parts, the permit can be issued in the same landlord's name for a maximum of 25% of the units.
If the number of separate parts in the same building for which a rental permit has been issued in the same landlord's name, exceeds five, then the application must include:
a) Licences for opening and operating a business,
b) If the building of interest is located in a residential complex made up of buildings with separate parts, a unanimous decision agreed by all owners, in addition to the provisions of the third paragraph.
(5) The obligation to obtain the permit falls on the landlord. If the rental activity is carried out by someone other than the landlord, these rentals can only take place through group (A) tourism agencies, licensed in accordance with the Law on Tourist Agencies and Tourist Agencies Union of 14 September 1972 No. 1618.
(6) If the owner of the permit is an individual, and their heirs do not file a statement within three months from the date of their death, or if it's a legal entity that ceases to exist, the permit becomes invalid.
However, the rights of the users are preserved until the end of the contract term.
(7) It is forbidden to sublet the rented property from the permit owner to third parties under their name and at their expense, or to rent a property rented for residential purposes to third parties for tourism purposes under the renter’s name and at their expense.
However, this provision does not apply to corporations that provide their employees with housing rented for tourist purposes.
(8) The provisions of the Law on Identity Verification of 26th June 1973 No. 1774 apply to the properties for which a touristic rental permission has been granted.
The permit holder is considered the responsible party regarding the reporting duty in accordance with Law No. 1774.
(9) The contract between the permit holder and the user terminates upon expiration of the term specified in the contract.
(10) According to Article 28 of the Law on Flat Ownership No. 634 of 23 June 1965, the management plan, drawn up in accordance with this law, may include provision for short-term rental.
Permission may be granted for high-quality residential complexes, which include several independent blocks with reception, security and daily cleaning services, as well as fitness, dry cleaning, laundry, delivery, food and shopping services, and the presence of a gym and pool.
Permission can be granted regardless of the conditions stated in the third and fourth paragraphs.
The rental operation of high-quality residential complexes can also be carried out through a management company. In this case, permission is given to the company that manages the housing.
Such a rental operation is not subject to the seventh paragraph.
Applied administrative sanctions.
ARTICLE 4 - (1) In the event of detecting illegal rental activity, the following administrative sanctions are foreseen:
a) Persons who rent residential premises for tourist purposes without permission, are fined a hundred thousand Turkish Lira for each premise, and given a fifteen-day period to obtain permission and continue operations.
b) If after the given fifteen days the rental activity for tourist purposes continues without permission, a fine of five hundred thousand Turkish Lira is imposed, and an additional fifteen days are given to obtain permission.
c) Persons who rent tourist accommodation, leased from the permission holder, to third parties on their own behalf and at their own expense, are fined a hundred thousand Turkish Lira for each contract.
ç) Persons who rent property for tourist purposes, leased for personal use, are fined a hundred thousand Turkish Lira for each contract.
d) Housing rental intermediaries for tourism purposes without permission are fined a hundred thousand Turkish Lira for each contract.
e) Intermediaries on electronic platforms and advertising, who provide opportunities for activities covered by this item, and do not remove the content within 24 hours after the ministry's warning, are fined a hundred thousand Turkish Lira for each property.
The content can be removed and/or access to it can be blocked, and this decision is passed to the Access Provider Association for execution.
In addition, in case of non-compliance with this decision, intermediary services may be fined a hundred thousand Turkish Lira for each property.
There can be an appeal to the court against the decision to remove content and/or block access. The court decision can be appealed in accordance with the provisions of the Code of Criminal Procedure No. 5271 of 4 December 2004.
f) Regardless of the application of the provisions of items (a) and (b), those who continue rental activities for tourism purposes without permission are fined one million Turkish Lira.
g) Those who, despite entering into a lease agreement for over a hundred days, rent the same property more than four times within one year from the first contract, are fined one million Turkish Lira.
(2) The administrative sanctions applied to permission holders are defined below:
a) In the event of not submitting the information and documents requested by the Ministry within thirty days, submitting them partially, providing distorted information or documents, an administrative fine of fifty thousand Turkish lira is applied.
b) In case of a change of the landlord due to other legal transactions, apart from inheritance, and not informing about this change within thirty days from the day of registration of the change in the land registry, an administrative fine of fifty thousand Turkish lira is applied.
c) In case of not presenting a document confirming the payment of the tourist tax within the framework of the Law on the Turkish Tourism Promotion and Development Agency of 11 July 2019 No. 7183, within the time frame set by the Ministry, or not presenting this document during checks, an administrative fine of fifty thousand Turkish lira is applied.
ç) In case of misleading the user about the location, characteristics, and physical properties of the property rented for tourism purposes using texts, advertising, posters, brochures, social media, web pages, and similar means, or not fulfilling the promised conditions, or providing the accommodation to the user for a shorter period than specified in the contract, an administrative fine of one hundred thousand Turkish lira is applied.
d) In case of not handing over the housing leased for tourist purposes to the user in accordance with the contract, an administrative fine of one hundred thousand Turkish lira is applied.
e) In case of not returning the received payment within fifteen days after applying clause (d), an administrative fine of two hundred thousand Turkish lira is applied.
f) If the certificate issued by the Ministry is not posted at the entrance of the accommodation rented for tourism purposes, an administrative fine of one hundred thousand Turkish lira is applied, and a fifteen-day period is given for its posting.
g) In case of not posting the certificate at the entrance of the accommodation rented for tourist purposes within fifteen days after applying clause (f), an administrative fine of five hundred thousand Turkish lira is applied.
ğ) In case of finding during an inspection that the accommodation does not meet the criteria for which permission was granted, an administrative fine of one hundred thousand Turkish lira is applied, and fifteen days are given to remedy the violations.
(3) The administrative sanctions mentioned in the first paragraph, except for clause (e), are applied by the highest administrative manager of the place where the accommodation is located, and administrative sanctions mentioned in clause (e) of the first paragraph and in the second paragraph, are appointed and applied by the Ministry.
Cancellation of permission.
ARTICLE 5- (1) Permission is cancelled under the following circumstances:
a) The permit holder requests its cancellation.
b) Detection of the cessation of rental activities for tourist accommodation.
c) After applying clause (b) of the second paragraph of article 4, within the provided period of thirty days, if the new landlord of the residential property provided for tourist rental does not apply for the transfer of permission, or despite the approval of changing the owner of the permission, obligations are not met.
ç) Notification by competent state institutions that the residential property provided for tourist rental is being used in violation of public order, safety, and accepted morality.
d) Detection that violations have not been remedied despite applying clause (ğ) of the second paragraph of Article 4.
(2) The rights of housing users, for which permission has been annulled, are preserved until the end of the contract term.
CHAPTER THREE: Various Regulations
Authority for Oversight and Regulation
ARTICLE 6- (1) The Ministry has the right to carry out checks in regard to rentals for tourist purposes and, if necessary, can exercise its authority for oversight via governorships.
(2) The Ministry is authorised to address arising questions and difficulties during the enactment of this Law, to implement necessary regulations for consistency in application, as well as defining procedures and principles relating to this Law's application.
Existing rental contracts for tourist purposes
TEMPORARY ARTICLE 1- (1)
People who are engaged in renting housing for tourist purposes on the date this law comes into effect are obliged to apply to the Ministry for permission within a month from the date this law comes into force.
The provisions of article 4 are applied against those people who fail to comply with this obligation.
Permission granting processes are completed within three months from the date of application.
Those,whose applications were not accepted, cannot conduct activities. However, the rights of these housing users are preserved until the end of the contract term.
This is the basic information about the new short-term rental law. Following is an explanation of specific points and conditions. We recommend reading it only if you need to…
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