Regulations for Letting Properties for Tourist Purposes.
As of 1 January 2024, a law regulating the activity of letting properties for tourist purposes came into effect in Turkey.
We have discussed this law in detail in our article.
The company Tolerance not only sells property in Turkey. Many other companies do that as well.
However, we assist our clients in making the right choice based on the most reliable information, to avoid making mistakes.
That's why for over 20 years, clients from all over the world have chosen our company for the purchase, sale, or rental of property in Turkey.
Today, experts from Tolerance, the leading real estate agency in Turkey, share the full text of the official regulations on the activity of letting properties for tourist purposes.
The Ministry of Culture and Tourism:
REGULATIONS ON THE ACTIVITY OF LETTING PROPERTIES FOR TOURIST PURPOSES
Regulations' Objectives.
PART ONE
Regulations
Purpose
ARTICLE 1 - (1) The purpose of these Regulations is to govern the procedures and main principles related to letting a property for tourist purposes for a period of not more than one hundred days at a time or for a shorter period.
Scope
ARTICLE 2 - (1) These Regulations cover provisions related to letting property to domestic or foreign persons for tourist purposes for a period of not more than one hundred days at a time or for a shorter period, procedures for submitting applications for permits, characteristics of the properties, obligations of the permit holders, and the mutual rights and obligations of landlords and permit holders.
Legal Basis
ARTICLE 3 - (1) These Regulations were prepared on the basis of Article 6 of the Law dated 25/10/2023 No. 7464 "On Letting Properties for Tourist Purposes and Amendments to Some Laws".
Definitions
ARTICLE 4 - (1) In these Regulations:
a) Minister: The Minister of Culture and Tourism,
b) Ministry: The Ministry of Culture and Tourism,
c) Provincial Culture and Tourism Directorate: The Provincial Culture and Tourism Directorate where the accommodation for tourism is located,
ç) Permission: Permission to rent dwellings to individuals or legal entities for a term of no more than one hundred days at a time, or for a shorter period for tourism purposes,
d) Permission Holder: Individuals leasing the accommodation as per the permission,
e) Law: Law No. 7464 of 25/10/2023 on "Renting Accommodation for Tourism Purposes and Amendments to Some Laws",
f) Landlord: An Individual or legal entity owning or controlling a dwelling on the basis of use or superficies rights,
g) Accommodation: Any separate room registered in the immovable registry as a dwelling or with the right to floor ownership or floor ownership for residential purposes,
ğ) Housing Management Company: A Housing Management company of quality housing, in whose name the certificate may be issued, or a marketing company,
h) User: Individuals or legal entities who have entered into a lease contract for tourism purposes with the landlord,
ı) Marketing Company: A commercial company holding the right to market all or part of independent sections in quality housing with the consent of the landlord and the management company, and holding a tourism agency license,
i) Lease for Touristic Purposes: Leasing of housing to users for one time for a term not exceeding one hundred days or for a shorter period for any purpose,
j) Provincial Administration: The provincial authorities where the accommodation rented for tourism purposes is located,
k) Housing Management Company: A commercial company providing or ensuring the provision of services such as reception, security, and cleaning, as well as additional services like dry cleaning, laundry, transport, catering and shopping, and fitness centre and pool amenities, in quality housing based on the authorities provided by the management plan,
l) Quality Housing (Residence): Residential buildings containing multiple independent sections defined in the "Regulation on Zoned Areas Planning", published in the Official Gazette No. 30113 on 3/7/2017 and can be built in the places specified in Article 19 of the same Regulation, providing minimum housing conditions; with reception, security, daily cleaning, health care, dry cleaning, laundry, transport, catering, and shopping and fitness centre and pool services.
Procedures for Issuing Permissions.
SECOND SECTION
Procedures for Issuing Permissions
Permission Application
Article 5 - (1) All permission applications are submitted through the e-Devlet portal.
Applications falling under this article, but submitted physically instead of through e-Devlet, are returned to the applicant without consideration.
In case of housing with established superficies rights or usage rights, the application is made by the right holder instead of the owner. For housing in one building registered under the same person's name for which permission is requested, one application is submitted. If the applicant already has permissions for housing in the same building, he/she should provide this information in his/her application.
(2) The following information and documents should be submitted when applying for permission:
a) If the landlord is an individual;
Copy of the Turkish Republic Identity Card, or if a foreign citizen, a copy of the passport with a foreign ID number or tax identification number,
A statement with a signature sample, provided that there is no signature sample in the ID or passport.
b) If the landlord is a legal entity;
Tax identification number and number in the trade registry or MERSİS number for legal entities registered in the trade register,
Tax identification number for legal entities not registered in the trade registry,
One of the documents listed in clause (a), containing a signature sample of the authorised person.
c) A current land registry extract confirming ownership rights and other property rights to the residence and a certificate of registration of the building as residential for independent sections not registered in the land registry as residential with the right to a floor ownership or ownership on the floor.
ç) In the case of joint ownership of the residence;
For shared ownership - the documents mentioned in clauses (a) and (b), for the owners confirming their agreement to the application, and their written statements of consent,
For joint ownership - the documents mentioned in clauses (a) and (b), for all owners, and their written statements of consent,
A written statement from all the owners, indicating a person authorised to represent and make commitments to the Ministry and accountable to it.
A notarised copy of the decision unanimously made by the owners of all independent sections in the building where the residence is located, stating that they agree with the rental activities for tourist purposes,
In the case where permission for more than five residences is requested by one landlord in one building, it is necessary to provide a license for the opening and operation of the business; if the building, which is the subject of the application, is located in a residential complex consisting of several buildings with independent sections, an additional requirement is a notarised copy of the decision unanimously made by all the owners of the apartments.
e) In the case of filing an application through a power of attorney, it is necessary to attach to the above-mentioned documents a copy of the power of attorney, signed by the landlord or authorised person and certified by a notary.
(3) When applying for high-quality housing, in addition to the documents mentioned in clause (d) of the second paragraph, the following additional information and documents are to be provided:
a) An official document confirming that the residence is built in the places specified in Article 19 of the Zoning Planning Regulation.
b) Management plan registered in the land book in accordance with the Apartment Ownership Law No. 634 dated 23/6/1965.
c) In the case of filing by the management company of the residence, the documents mentioned in clause (b) of the second paragraph, as well as a document confirming the landlord's consent.
ç) In the case of filing by a marketing company, additionally a document confirming the consent of the management company, as well as a tourism agency license.
(4) When applying for high-quality housing and a detached house, it is not required to present a unanimous decision as stated in clause (d) of the second paragraph, and the requirement of 25 percent prescribed in the fourth paragraph of Article 3 is not applied. Different permissions can be granted to the managing and one or several marketing companies for the same high-quality residence.
(5) The applicant confirms and declares that the documents he submitted are in accordance with the originals and reflect the real situation, and the information provided is truthful.
In the event of detection of false documents being submitted, the application will be rejected. If approval has already been granted for the property, it becomes null and void, and complaint proceedings will be lodged in accordance with the Turkish Penal Code of 26/9/2004, No. 5237, against the individuals who submitted the documents.
(6) For properties for which a building registration certificate has been issued in accordance with temporary Article 16 of the Urban Planning Law No. 3194 of 3/5/1985, the provisions of the tenth item of the same article and the first item of the 9th article "Procedures and principles for issuing building registration certificates", published in the Official Journal No. 30443 of 6/6/2018, are preserved.
Procedures for Issuing Permits
Article 6 - (1) The documents submitted in the application are examined by the province's culture and tourism management, taking into account Article 3 of the Law; permits are issued for properties whose documents meet the requirements.
Applications with incomplete or unsuitable documents are rejected, stating the reasons.
Processing of applications should be completed within thirty days.
(2) If a permit is issued upon application, an inspection of the property is carried out within thirty days of the permit issue date.
(3) If it is found during the inspection that the property does not meet minimum requirements, penalties are applied to the permit holders in accordance with paragraph (ğ) of the 4th Law article, providing them with a fifteen-day period to correct the identified shortcomings.
If it is found during a second inspection after this period that the deficiencies have not been corrected, the permit is annulled in accordance with clause (d) of the first paragraph of Article 5 of the Law.
(4) If, during the first inspection, it is found that the property meets the minimum requirements, but changes or corrections need to be made to the information provided in the permit, the permit is updated with this information.
(5) Copies of the issued permits are sent to the Ministry, local government, police department where the property is located, and tax inspection relevant to the property's location.
In cases of permit cancellation or application rejection, the same institutions and organizations are also informed.
(6) A permit will not be issued for renting out one or more rooms in a dwelling used by the landlord for residential purposes. If it is found that the property is rented in such a way, clause (a) of the first paragraph of Article 4 of the Law is applied.
(7) Procedures for applying for high-quality accommodation and housing falling under temporary Article 1 are reviewed and finalised by the Ministry.
Article 7 - (1) The following information is included in the permit:
a) The name or trade name of the permit holder,
b) The address of the property,
c) The date of permit issuance and the permit number, starting with the code of the province's vehicle registration number where the property is located,
ç) The maximum number of people who can occupy the property.
Plaque Arrangement
Article 8 - (1) A plaque prepared by the Ministry and marked with cold embossing is obligatory at the entrance of the property intended for rental for touristic purposes.
(2) The plaque includes the following information:
a) The phrase "TOURIST ACCOMMODATION" and information that the property is under the Ministry's supervision,
b) The date of permit issuance, permit number starting with the code of the province's vehicle registration number where the property is located, and the contact number of the permit holder,
c) The address of the property.
Property Characteristics and Obligations of the Permit Holder.
THIRD SECTION
Property Characteristics and Permit Holder's Obligations
Required Housing Characteristics
Article 9 - (1) The housing submitted for permit must meet the following requirements:
a) The presence of at least one bed, a bathroom with a toilet, living area and kitchen equipment.
b) The presence of hot and cold water in the dwelling, quality beds in the bedrooms, one pillow per person, pillowcase, sheet, blanket or duvet according to climate conditions, in the bathroom one face and one bath towel per person.
c) Chemical fire extinguishers and smoke detectors in all areas, except for bathrooms and toilets, with evacuation route diagrams on the doors.
ç) Furniture, décor, equipment and appliances in the dwelling must meet standards, be clean, well-kept and in working order.
d) The number of places in the dwelling is calculated based on the idea that each bedroom is designed for two people, plus the possible addition of places for a maximum of two people outside bedrooms.
Despite the presence of more rooms fulfilling these requirements, the maximum number of residents in one dwelling, excluding children under three years old, is no more than twelve people.
No more occupants can be accepted than permitted by the housing capacity. If the dwelling is rented in violation of these conditions, an administrative penalty will be imposed on the permit holder in accordance with item (ç) of the second paragraph of Article 4 of the law.
(2) After the issuance of the permit, additional requirements are added as stipulated in the first paragraph:
a) In any means used to promote and market the dwelling, a clear copy of the permit must be published.
The following details must be listed in such marketing materials:
- Location of the dwelling, capacity, which floor it is on, presence or absence of a balcony/terrace, number of bedrooms, living areas and bathrooms with toilets, information about double and single beds in rooms, furniture, catering equipment and food storage, hot/cold drink preparation facilities, serving materials, washing machines and dishwashers, television, hairdryer, heating and cooling systems, communal or private sports equipment, spa, swimming pool, parking availability, accessibility of the dwelling and equipment to ensure accessibility within the dwelling, permission to board pets, presence of wired/wireless internet, and information about other available services.
- Information about the rules set by the residential complex or house management.
- Information about check-in and check-out time, and also about cleaning services provided.
(3) When applying for multiple residential apartments in one housing complex, building or quality housing on behalf of the same natural or legal person, a single permit is issued; however, a separate badge is issued for each dwelling.
(4) If all housing units in quality housing are rented out by the managing company, one permit and badge on behalf of the managing company is issued; otherwise, the provisions of the third paragraph apply.
Duties Of The Permit Holder
Article 10 - (1) The duties of the permit holder are as follows:
a) To lease a dwelling that meets the characteristics mentioned in Article 9.
b) To carry out regular dwelling cleaning and maintenance following each user change, to combat insects and keep relevant records.
c) To inform users about the rules established by the housing complex or house management, in writing or electronically.
c) To carry out duties in accordance with the Identity Registration Act of 26/6/1973 No. 1774, the Personal Data Protection Act of 24/3/2016 No. 6698, and the legislation enacted on the basis of these laws.
d) To place a plaque prepared by the Ministry at the entrance of the dwelling.
(2) Individual rooms in a sanctioned dwelling may not be rented to different people under separate contracts. If such use of housing is detected, measures are taken against the permit holder in accordance with paragraph (ğ) of the second paragraph of Article 4 of the Law.
Various and Final Provisions.
FOURTH SECTION
Various and Final Provisions
Promotion and Information
Article 11 - (1) Advertising of dwellings should provide truthful information from the consumer rights perspective; advertising that could mislead or harm the country's tourism should not be pursued.
Control and Applicable Penalties
Article 12 - (1) A dwelling for which a permit has been granted must maintain the characteristics based on which the permission was granted.
(2) The control of housing submitted for permission, as well as the housing that already has permission, is carried out by the personnel of the province's culture and tourism directorate, authorised in accordance with paragraph 2 of Article 6 of the Law, and in case of insufficient personnel, other people appointed by provincial authorities. Recommendations made in the control reports are acted upon by provincial authorities.
(3) As a result of housing control, which has been permitted, and administrative violations requiring penalties are identified, the respective articles of the Law and this Regulation are applied by the provincial authorities.
(4) Housing for which a permit has been granted is subject to control no less than once every two years. If a non-conformity to minimum requirements is detected, measures are taken in accordance with Articles 4 or 5 of the Law.
(5) The control of high-quality housing and housing falling under the temporary Article 1, as well as the enforcement of administrative penalties in necessary cases, are carried out by the Ministry.
Archives
Article 13 - (1) Files related to permitted housing are kept in digital archives.
Regulatory Powers
Article 14 - (1) The Ministry has the authority to resolve doubts and issues arising during application, to determine principles and standards, to make necessary adjustments for application unity, to request any information and documents on this subject, and to make decisions on matters not covered by this Regulation.
(2) The Ministry can send warnings to service intermediaries via online systems to remove advertisements and marketing materials of unpermitted housing to effectively apply subsection (e) of the first paragraph of Article 4 of the Law.
High-Quality Housing in Existing Homes
TEMPORARY ARTICLE 1 - (1) Until 1/1/2024, housing which is already being rented for short-term tourist purposes in accordance with the management plan mentioned in the "Declarations" section of the property book for flats according to Article 28 of Law No. 634 and provides reception services, security, daily cleaning, dry cleaning, laundry, food and shopping services, as well as gym and swimming pool facilities, will fall under the provisions of this Regulation on high-quality housing, regardless of the requirements of Article 19 of the Zoning Areas Regulation.
Entry into Force.
Article 15 - (1) This Regulation comes into effect as of 1/1/2024.
Implementation
Article 16 - (1) The provisions of this Regulation are executed by the Minister of Culture and Tourism.
The full text of the Regulation on the Regulation of Rental Activities for Touristic Purposes can be found in Turkish here.
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For this very reason, for 20 years, clients from all over the world have chosen our company for purchasing, selling, or renting real estate in Turkey.
The company Tolerance has all necessary documents and permissions to carry out real estate activities in Turkey and will be able to assist you efficiently in purchasing as well as selling your property in Turkey.
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