Information Note on the Law Regulating Rental of Residences for Tourism Purposes

Law No. 7464, which regulates the rental of residences for tourism purposes and makes amendments to certain laws, was published in the Official Gazette with number 32357 on November 2, 2023. The law introduces several new provisions, including the following:

1. Permit Certificate and Plaque Requirement:

In order to rent residences for tourism purposes for a maximum of 100 days, lessors are required to obtain a permit certificate from the Ministry of Culture and Tourism. Additionally, a plaque issued by the Ministry must be displayed at the entrance of the residence.

The Ministry is authorized to conduct inspections for rentals intended for tourism purposes. If necessary, these inspections can also be carried out through the governorship.

Furthermore, the provisions of the Identity Reporting Law will apply to residences for which a tourism rental permit certificate is issued, and the person holding the permit certificate will be considered the responsible party for reporting obligations.

2. Owners' Approval

In the application for permission to the Ministry, it is mandatory to submit a consensus decision obtained unanimously from all apartment owners in the building where the residence intended for tourism rental is located. In housing complexes consisting of multiple buildings, the decision of apartment owners in the specific building where the rental will take place will be required.

For buildings consisting of more than three independent sections, a permit certificate can be issued for a maximum of twenty-five percent under the same lessor's name. If the number of independent sections subject to the permit certificate under the same lessor's name in the same building exceeds five, the submission of a decision obtained unanimously by all apartment owners is mandatory, along with the business license and operation permit in cases of commercial premises and for buildings within housing complexes consisting of multiple independent sections.

3. Subleasing Prohibition

It is prohibited for users to sublease the rented residence from the permit certificate holder to third parties in their own name and account, or for the tenant of the residence rented for residential purposes to sublease it to third parties for tourism purposes in their own name and account. However, the use of the residence rented by legal entities for tourism purposes, provided to their staff, is exempted from the scope of this provision.

4. Short-Term Rentals in High-Quality Residences for Tourism Purposes

In high-quality residences containing multiple independent sections where the management plan allows short-term rental activities and includes facilities such as reception, security, daily cleaning services, as well as services like healthcare, dry cleaning, laundry, transportation, catering, and shopping, and amenities such as a gym and swimming pool, permit certificates can be issued without the requirement of a unanimous decision by apartment owners or the condition of twenty-five percent limit for buildings consisting of more than three independent sections.

The rental activities of high-quality residences can also be conducted through property management, and in such cases, the permit certificate will be issued in the name of the property management company. Rental activities conducted in this manner will not be considered subleasing.

5. Previously Conducted Tourism Rentals

As of January 1, 2024, individuals engaged in tourism rental activities must apply to the Ministry for a permit certificate within one month from the effective date of this provision. The processing of permit certificate issuance will be completed within three months from the application date. Those whose applications are not approved cannot continue their activities; however, the rights of the occupants of these residences will continue until the end of the contract period.

6. Brokerage Activities

Tourism rental activities can only be conducted through Group A travel agencies, aside from the lessors.

Penalties to be Imposed

• Lessors who rent residences for tourism purposes without a permit certificate will be subject to an administrative fine of one hundred thousand Turkish liras for each rented residence. They will be given a period of fifteen days to obtain the permit certificate to continue their operations. If they continue tourism rental activities without obtaining the permit certificate after the fifteen-day period, they will be subject to an administrative fine of five hundred thousand Turkish liras, and they will be given another fifteen-day period to obtain the permit certificate. If they continue tourism rental activities without obtaining the permit certificate even after this additional period, an administrative fine of one million Turkish liras will be imposed.
• Individuals who rent out the same residence for more than one hundred days each time, and do so more than four times within one year from the date of the first contract, will be subject to an administrative fine of one million Turkish liras.
• Failure to submit the required information and documents requested by the Ministry within thirty days, providing incomplete or misleading information or documents will result in an administrative fine of fifty thousand Turkish liras.
• Misleading promotion of the residence used for tourism rental through written materials, advertisements, posters, brochures, social media, websites, or similar means regarding its location, quality, and physical features, failure to fulfill the promised conditions, or allocating the residence for a shorter period than specified in the contract will result in an administrative fine of one hundred thousand Turkish liras.
• If the residence rented for tourism purposes is not delivered to the user in accordance with the contract, an administrative fine of one hundred thousand Turkish liras will be imposed. If the payment received within the fifteen-day period is not refunded, an administrative fine of two hundred thousand Turkish liras will be applied.
• If the plaque issued by the Ministry for residences rented for tourism purposes is not displayed at the entrance within the specified time, an administrative fine of one hundred thousand Turkish liras will be imposed. A fifteen-day grace period will be given for its display, and if the plaque is not hung within fifteen days, an administrative fine of five hundred thousand Turkish liras will be applied.
• In the event that it is determined during an inspection that the residence does not meet the essential qualifications for the issuance of the permit certificate, an administrative fine of one hundred thousand Turkish liras will be imposed, and a fifteen-day period will be given to rectify the discrepancies.
• Individuals who lease the tourism rental residence they rented from the permit certificate holder to third parties in their own name and account will face an administrative fine of one hundred thousand Turkish liras for each contract. Individuals who rent out the residence they leased for residential purposes in their own name and account for tourism purposes will also be subject to an administrative fine of one hundred thousand Turkish liras for each contract.
• Those who mediate the rental of residences for tourism purposes without a permit certificate will be subject to an administrative fine of one hundred thousand Turkish liras for each contract.
• Service providers who fail to remove the content within twenty-four hours despite a warning from the Ministry will be subject to an administrative fine of one hundred thousand Turkish liras for each residence. A decision will be made to remove the content and/or block access to the relevant publication, section, or part of the content. This decision will be sent to the Access Providers Association for implementation. Failure to comply with this decision will result in an administrative fine of one hundred thousand Turkish liras for each residence for service providers.