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Law on Tourism Rental of Residences
LAW ON TOURISM PURPOSE RENTAL OF RESIDENCES AND
AMENDMENT OF CERTAIN LAWS
Law No 7464 Date of Acceptance 25/10/2023
Purpose, Scope and Definitions
Purpose and scope
ARTICLE 1- (1) The purpose of this Law is to determine the procedures and principles regarding the rental of residences to real and legal persons for tourism purposes.
(2) This Law covers the general principles regarding tourism purpose rental of residences, issuance of permit certificates, administrative sanctions, and provisions regarding the legislation to which residences rented for tourism purposes shall be subject.
(3) Rentals made for a period exceeding one hundred days at a time are outside the scope of this Law.
Definitions
ARTICLE 2- (1) In this Law;
a) Minister: the Minister of Culture and Tourism,
b) Ministry: the Ministry of Culture and Tourism,
c) Permit certificate: the tourism purpose rental permit certificate issued to authorize the lessor to rent the residence to real or legal persons for a maximum period of one hundred days,
d) Permit certificate holder: the person in whose name a permit certificate is issued and who rents out the residence,
e) Lessor: the real or legal person who owns the residence or has disposal over it through establishment of usufruct or superficies rights,
f) Residence: any independent section registered as residential in the land registry or over which residential floor easement or floor ownership exists,
g) User: real or legal persons who enter into a tourism purpose rental agreement with the lessor,
h) Tourism purpose rental: rental of residences to users for any purpose for a maximum period of one hundred days,
i) Governorship: the governorship of the province where the residence rented for tourism purposes is located,
shall mean.
Nature of the Permit Certificate and Administrative Sanctions to be Applied
Nature of the permit certificate
ARTICLE 3- (1) In order for residences to be rented for tourism purposes, a permit certificate must be obtained before a tourism purpose rental agreement is executed. In addition, a plaque whose characteristics are determined by the Ministry shall be displayed at the entrance of the residence rented for tourism purposes.
(2) The Ministry is authorized to issue permit certificates. The Ministry may also exercise this authority through the governorship. Permit certificate and plaque fees are determined by the Ministry.
(3) In permit certificate applications, submission of a decision taken unanimously by all floor owners of the building in which the independent section subject to the permit certificate is located, stating that tourism purpose rental activity is deemed appropriate, is mandatory. In residential sites consisting of buildings containing more than one independent section, the provisions of this paragraph shall apply only to the building in which the residence rented for tourism purposes is located, and a copy of the permit certificate shall be delivered to the site management.
(4) In buildings consisting of more than three independent sections, permit certificates may be issued in the name of the same lessor for a maximum of twenty-five percent thereof. If the number of independent sections subject to permit certificate issuance in the name of the same lessor in the same building exceeds five, the following must be submitted in the application;
a) Business opening and operating license,
b) If the building subject to the application is located in residential sites consisting of buildings containing more than one independent section, in addition to the provision of the third paragraph, a decision taken unanimously by all floor owners,
submission is mandatory.
(5) The obligation to obtain a permit certificate belongs to the lessor. If tourism purpose rental activity is carried out by persons other than the lessor, such rentals may be made exclusively through (A) group travel agencies certified pursuant to the Law No 1618 dated 14/9/1972 on Travel Agencies and the Union of Travel Agencies.
(8) The provisions of the Identity Notification Law No 1774 dated 26/6/1973 apply to residences for which tourism purpose rental permit certificates are issued. Within the scope of Law No 1774, the permit certificate holder is deemed the responsible person regarding notification obligations.
(9) The agreement between the permit certificate holder and the user terminates at the end of the period specified in the agreement.
(10) In high-quality residences comprising more than one independent section where the management plan arranged pursuant to Article 28 of the Condominium Law No 634 dated 23/6/1965 contains a provision permitting short-term rental activity; and where spaces for reception, security and daily cleaning services exist; and where services such as health services, dry cleaning, laundry, transportation, food and shopping services, as well as gym and swimming pool services can be provided, permit certificates may be issued without seeking the conditions in the third and fourth paragraphs. Rental activities of high-quality residences may also be carried out through a residence operator. In this case, the permit certificate is issued in the name of the company operating the residence. Rental activity carried out in this manner is outside the scope of the seventh paragraph.
Administrative sanctions to be applied
ARTICLE 4- (1) The administrative sanctions to be applied in case detection of unlicensed rental activity are determined as follows:
a) An administrative fine of one hundred thousand Turkish lira is imposed for each residence rented for tourism purposes without a permit certificate on those who rent out residences, and a period of fifteen days is granted to obtain a permit certificate and continue activity.
b) An administrative fine of five hundred thousand Turkish lira is imposed on those who continue tourism purpose rental activity without obtaining a permit certificate at the end of the fifteen-day period granted, and a further period of fifteen days is granted once more to obtain a permit certificate and continue activity.
c) An administrative fine of one hundred thousand Turkish lira is imposed for each agreement regarding those who sublet the tourism purpose residence rented from the permit certificate holder to third parties on their own account.
ç) An administrative fine of one hundred thousand Turkish lira is imposed for each agreement regarding those who rent out for tourism purposes on their own account a residence rented for use as a dwelling in their own name.
e) An administrative fine of one hundred thousand Turkish lira is imposed for each residence regarding intermediary service providers defined in the Law No 6563 dated 23/10/2014 on Regulation of Electronic Commerce who enable electronic commerce and promotion of activities falling within the scope of this paragraph and who do not remove content within twenty-four hours despite warning by the Ministry. A decision is made to remove content and/or block access regarding the publication, section and part in which the violation occurred, and this decision is sent to the Access Providers Union for implementation. In addition, if this decision is not complied with, an administrative fine of one hundred thousand Turkish lira is imposed for each residence regarding intermediary service providers. An application may be made to the criminal peace judge against the decision to remove content and/or block access. An objection may be filed against the decision of the criminal peace judge pursuant to the provisions of the Criminal Procedure Law No 5271 dated 4/12/2004.
f) An administrative fine of one million Turkish lira is imposed on those who continue unlicensed tourism purpose rental activities despite application of paragraphs (a) and (b).
g) An administrative fine of one million Turkish lira is imposed on those who, despite making rental agreements for more than one hundred days each time, rent the same residence to tenants more than four times within one year from the date of the first agreement.
(2) The administrative sanctions to be applied to permit certificate holders are determined as follows:
a) An administrative fine of fifty thousand Turkish lira is imposed in case information and documents requested by the Ministry are not sent within thirty days, are sent incompletely, or misleading information or documents are provided.
b) An administrative fine of fifty thousand Turkish lira is imposed in case change of the lessor through a legal transaction other than inheritance is not notified within thirty days from the registration date of such change in the land registry.
c) An administrative fine of fifty thousand Turkish lira is imposed in case the document regarding payment of tourism share within the scope of the Law No 7183 dated 11/7/2019 on the Turkish Tourism Promotion and Development Agency is not submitted within the period determined by the Ministry or is not presented during inspections to be carried out.
ç) An administrative fine of one hundred thousand Turkish lira is imposed in cases where the residence rented for tourism purposes is misleadingly promoted to the user through text, advertisement, poster, brochure, social media, website and similar means regarding location, characteristics and physical features, or promised conditions are not provided, or the residence rented for tourism purposes is allocated to the user for a shorter period than specified in the agreement.
d) An administrative fine of one hundred thousand Turkish lira is imposed in case the residence rented for tourism purposes is not delivered to the user in accordance with the agreement.
e) An administrative fine of two hundred thousand Turkish lira is imposed in case refund of payment received is not made within the fifteen-day period granted following application of paragraph (d).
f) An administrative fine of one hundred thousand Turkish lira is imposed in case the plaque issued by the Ministry is not displayed at the entrance of residences rented for tourism purposes, and a period of fifteen days is granted for display.
g) An administrative fine of five hundred thousand Turkish lira is imposed in case the plaque is not displayed at the entrance of the residence rented for tourism purposes within fifteen days despite application of paragraph (f).
ğ) An administrative fine of one hundred thousand Turkish lira is imposed in case it is determined during inspection that the residence does not possess the characteristics forming the basis for issuance of the permit certificate, and a period of fifteen days is granted for elimination of non-compliance.
(3) Except for paragraph (e), the administrative sanctions specified in the first paragraph are assigned and applied by the highest local administrative authority of the place where the residence is located; the administrative sanctions specified in paragraph (e) of the first paragraph and the second paragraph are assigned and applied by the Ministry.
Cancellation of the permit certificate
ARTICLE 5- (1) The permit certificate is cancelled in the following cases:
a) Request by the permit certificate holder for cancellation of the permit certificate.
b) Detection that tourism purpose rental activity has ceased.
ç) Notification by authorized public institutions and organizations that the residence rented for tourism purposes is used in a manner contrary to public order, public security and general morality.
d) Detection that non-compliance is not eliminated despite application of paragraph (ğ) of the second article of Article 4.
(2) The rights of users of residences whose permit certificates are cancelled continue until the end of the contract period.
Miscellaneous Provisions
Authority of inspection and regulation
ARTICLE 6- (1) The Ministry has the authority to conduct inspections in tourism purpose rentals and, when deemed necessary, may also exercise this inspection authority through the governorship.
(2) The Ministry is authorized to remove doubts arising during application of this Law and operational deficiencies, to make necessary regulations ensuring uniformity of application, and to determine procedures and principles regarding application of this Law.
Tourism purpose rentals previously made
TRANSITIONAL ARTICLE 1- (1) Those engaged in tourism purpose rental activity on the date this article enters into force are obliged to apply to the Ministry within one month from the date this article enters into force to obtain a permit certificate. The provisions of Article 4 are applied regarding those who fail to comply with this obligation. Permit certificate issuance procedures are finalized within three months from the application date. Those whose applications are not accepted may not engage in activity; however, the rights of users of such residences continue until the end of the contract period.
CHAPTER FOUR
Provisions Regarding Amendment of Certain Laws
ARTICLE 7- The phrase “members and principal and substitute members of the Board of Directors of the Turkish Tourism Promotion and Development Agency established by the Law No 7183 dated 11/7/2019 on the Turkish Tourism Promotion and Development Agency” in subparagraph (e) of the third paragraph of subparagraph (A) of the first paragraph of Article 34 of the Law No 1618 dated 14/9/1972 on Travel Agencies and the Union of Travel Agencies has been removed from the text of the article.
ARTICLE 8- In the first sentence of the first paragraph of Article 1 of the Revolving Fund Law No 2252 dated 19/6/1979, the phrase “three hundred trillion lira” has been changed to “one billion five hundred million Turkish lira”; in the second sentence, the phrase “Council of Ministers” has been changed to “President”; and the phrase “to seven hundred trillion lira” has been changed to “to two billion Turkish lira”.
ARTICLE 9- The phrase “to establish infrastructure facilities such as wastewater treatment plants and solid waste disposal facilities within the scope of the Tourism Incentive Law No 2634 dated 12/3/1982 falling within the duty area of the Ministry,” has been added after the phrase “to establish partnerships,” in the second paragraph of Article 3 of Law No 2252.
ARTICLE 10- The following paragraph (f) has been added after paragraph (e) of the first paragraph of Article 5 of Law No 2252, and the existing paragraph (f) has been renumbered as paragraph (g).
“f) All kinds of income such as card, document and plaque, badge revenues and similar income, as well as all fees obtained from infrastructure facilities such as wastewater treatment plants and solid waste disposal facilities and operating and rental income of such facilities, and fees and income obtained from facilities falling within the duty area of the Ministry within the scope of revolving fund activities,”
ARTICLE 11- The following sentence has been added after the first sentence of the third paragraph of Article 6 of Law No 2252.
“The Revolving Fund Enterprise may operate or have operated wastewater treatment plants and solid waste disposal facilities within the scope of Law No 2634 falling within the duty area of the Ministry.”
ARTICLE 12- In paragraph (m) of the first paragraph of Article 3 of the Tourism Incentive Law No 2634 dated 12/3/1982, the phrase “located on immovables allocated by the Ministry to investors for construction of tourism facilities” has been changed to “holding tourism operation or tourism investment certificate from the Ministry”; the phrase “allocated for tourism facility” has been changed to “designated for tourism facility”; and the phrase “tourism facility service areas allocated” has been changed to “places allocated”.
ARTICLE 13- The phrases “one year” in the third and fourth paragraphs of Article 5 of Law No 2634 have been changed to “six months”, and the following sentence has been added to the seventh paragraph.
“Submission to the authorized administration of an approval letter obtained from the Ministry stating that the facility meets certificate acquisition conditions is mandatory for re-issuance of business opening and operating license to enterprises whose business opening and operating license is cancelled within the scope of this paragraph.”
ARTICLE 14- Subparagraph (4) of paragraph (A) of Article 8 of Law No 2634 and the first sentence of paragraph (M) have been amended as follows, the phrase “from main allocation” in the second sentence of the same paragraph has been changed to “from facility”, and the last sentence has been amended as follows.
“(4) In places declared and announced pursuant to the National Parks Law No 2873 dated 9/8/1983, the Ministry alone is authorized to allocate to investors, in accordance with long-term development plans and development plans, areas determined by the relevant Ministry where tourism-purpose accommodation facilities exist or construction of accommodation facilities is deemed appropriate, with revenues belonging to the revolving fund of the Ministry of Agriculture and Forestry. In the places specified in this paragraph, leasing may be carried out by the relevant institution pursuant to relevant legislation solely for the purpose of establishing and operating camping areas comprising tents and caravans; the allocation purpose and use type of immovables leased in this manner may not be changed.”
“Personnel housing areas; provided other matters regarding allocation are ensured, may be allocated to investors issued tourism operation or tourism investment certificates by the Ministry in the same region, for a period equal to the main allocation period for facilities allocated from relevant Ministries, or for up to forty-nine years for other facilities, through announcement and on condition of collection of participation fee for social and technical infrastructure services.”
“Easement rights over personnel housing areas whose allocation ends for any reason are ex officio deleted from the land registry upon request of the Ministry.”
ARTICLE 15- The phrase “in areas where tourism-purpose permission is granted” has been added after the phrase “pursuant to paragraph” in the first sentence of the first paragraph of additional Article 5 of Law No 2634; the phrase “those located within culture and tourism protection and development regions and tourism centers and in districts with coastlines although outside these regions and centers, containing” has been changed to “places containing”; the phrase “accommodation facilities” has been changed to “containing accommodation facilities”; the phrase “only” has been added after the phrase “belonging to”; the following sentence has been added after the first sentence of the paragraph; and the last sentence of the paragraph has been repealed.
“In forest areas, leasing may be carried out by the General Directorate of Forestry pursuant to relevant legislation solely for the purpose of establishing and operating camping areas comprising tents and caravans; the allocation purpose and use type of immovables leased in this manner may not be changed.”
ARTICLE 16- The following transitional article has been added to Law No 2634.
“TRANSITIONAL ARTICLE 18- Additional time until 30/4/2024 has been granted for applications within the scope of the first paragraph of transitional Article 12 of this Law. Contracts arranged within the scope of subparagraph (4) of paragraph (A) of Article 8 and additional Article 5 before the date this article enters into force shall also be adapted to Article 8 of this Law with the conditions set forth in transitional Article 12 if application is made to the Ministry by the same date. New fees determined within the scope of contracts adapted in this manner continue to be collected by relevant administrations.
Regarding places within the scope of subparagraph (4) of paragraph (A) of Article 8 for which tender or contract was made by the Ministry of Agriculture and Forestry before the date this article enters into force for construction of accommodation facilities on them, relevant legislation provisions apply throughout the contract period. Collection of fees recorded as income to the revolving fund of the Ministry of Agriculture and Forestry pursuant to permits granted and leases made within this scope continues by the revolving fund. If these places whose revenues are recorded to the revolving fund of the Ministry of Agriculture and Forestry are re-allocated by the Ministry at the end of the contract period, fees continue to be collected by the revolving fund of the Ministry of Agriculture and Forestry.”
ARTICLE 17- The following transitional article has been added to Law No 2634.
“TRANSITIONAL ARTICLE 19- Accommodation enterprises for which business opening and operating license was issued before the date this article enters into force and which do not hold tourism operation certificate but for which the one-year period for obtaining tourism operation certificate from the license date has not yet expired are obliged to apply to the Ministry within three months from the date this article enters into force and to obtain tourism operation certificate within six months. Accommodation enterprises that do not apply within three months or fail to obtain tourism operation certificate within six months may not engage in activity. Business opening and operating licenses of such enterprises are cancelled by the authorized administration within one month upon notification by the Ministry and their activities are terminated.”
ARTICLE 18- Subparagraph (c) of the first paragraph of Article 2 of the Law No 3572 on Acceptance with Amendment of the Decree Law on Business Opening and Operating Licenses dated 14/6/1989 has been amended as follows.
“c) Except those for whom obligation to obtain business opening and operating license is imposed within the scope of the Law on Tourism Purpose Rental of Residences and Amendment of Certain Laws, to residences for which tourism purpose rental permit certificate is issued,”
ARTICLE 19- The phrase “by General Assembly decision,” in subparagraph (a) of the first paragraph of Article 78 of the Law No 5174 dated 18/5/2004 on the Union of Chambers and Commodity Exchanges of Turkey, Chambers and Commodity Exchanges has been removed from the text of the article; the phrase “one percent” in the paragraph has been changed to “three percent”; and the following sentence has been added to the paragraph.
“The Union General Assembly is authorized to increase the share to be allocated to the Insurance and Pension Fund Foundation of Chambers, Commodity Exchanges and Union Personnel up to six percent.”
ARTICLE 20- The following transitional article has been added to the Social Insurance and General Health Insurance Law No 5510 dated 31/5/2006.
“TRANSITIONAL ARTICLE 98- A one-time payment of 5,000 TL per file is made to those whose income or pension payment is made in the October 2023 payment period by the Institution pursuant to this Law and relevant legislation.
In making the payment specified in the first paragraph;
a) For those receiving permanent incapacity income from work accident and occupational disease insurance, the permanent incapacity degree rate forming the basis for income connection,
b) The share rate of beneficiaries,
c) For beneficiaries of those who died while receiving permanent incapacity income due to loss of earning capacity in profession below fifty percent as a result of work accident or occupational disease, whose death is not related to work accident or occupational disease, the share rate of beneficiaries over the permanent incapacity degree rate forming the basis for income connection to the insured,
ç) For those receiving partial income or pension pursuant to social security agreements made with foreign countries, the ratio of premium payment days passing under domestic legislation to total premium payment days taken into account pursuant to the social security agreement,
shall be taken as basis.
Payment is made through the file enabling maximum payment to those receiving income and pension from more than one file.
No payment is made pursuant to this article to those working as insured within the scope of this Law or transitional Article 20 of Law No 506 in October 2023 while receiving income or pension, those engaged in activity so as to fall within the scope of subparagraph (b) of the first paragraph of Article 4 of this Law, and those working in workplaces listed in the second paragraph of Article 30 of Law No 5335 without deduction of pensions regardless of insured status. However, the provisions of this paragraph are not applied regarding death income and pension recipients.
No deduction may be made from payments made within the scope of this article and such payments may not be attached.
Payments found to have been made unjustly are recovered pursuant to general provisions if there is no income or pension being received, or by deducting twenty-five percent from income or pensions if any.
The amount necessary to meet payments to be made within the scope of this article is paid by the Treasury to the Institution upon written request without seeking invoice. The President is authorized to add appropriation to the relevant line of the Ministry of Treasury and Finance budget in 2023 to meet appropriation need arising within the scope of payments to be made.
The Institution is authorized to determine procedures and principles regarding application of this article and the payment date.”
ARTICLE 21- The following paragraphs have been added to the first paragraph of Article 6 of the Law No 7174 dated 23/5/2019 on the Cappadocia Area.
“ç) Treasury aids to be made from the general budget
d) Income obtained from leasing, operation and having operated immovables leased to the Administration and immovables owned by the Administration
e) Brand and patent income
f) Fees to be collected in return for applications to be made to the Administration in the Cappadocia Area and services to be provided by the Administration
g) Enterprise and activity income in the Cappadocia Area
ğ) All kinds of promotion, printing and publication income, income arising from intellectual property rights
h) Aid, donations and sponsorship income to be provided from domestic and abroad
ı) Income obtained from evaluation of Administration revenues
i) Other income”
ARTICLE 22- The third paragraph of Article 7 of Law No 7174 has been amended as follows.
“(3) The Administration is not deemed to have formed an economic enterprise due to income obtained from activities related to duties specified in this Law and relevant legislation of the Administration, except paragraphs (d), (e), (g) and (ğ) of the first paragraph of Article 6 of this Law.”
ARTICLE 23- In the first paragraph of Article 8 of Law No 7174, the phrase “administrative fine from fifty thousand Turkish lira to two hundred thousand Turkish lira” has been changed to “administrative fines specified below”; the following paragraphs have been added to the paragraph; in the second paragraph, the phrase “and” has been changed to “or”; the phrase “administrative fine from five hundred Turkish lira to five thousand Turkish lira” has been changed to “administrative fines specified below”; the following paragraphs have been added to the paragraph; the phrase “4/6/1985 dated and Mining Law No 3213,” has been added after the phrase “9/8/1983 dated and Environmental Law No 2872,” in the fourth paragraph; and the following paragraphs have been added to the article.
“a) Regarding structural applications in physical and construction applications;
1) In case of unlicensed new construction in the Cappadocia Area; three hundred four thousand Turkish lira in areas outside the scope of Law No 2863, five hundred thirty-two thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
2) In case of unlicensed rock-carved space construction; six hundred eight thousand Turkish lira in areas outside the scope of Law No 2863, six hundred eight thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
b) Regarding unlicensed license-subject applications in existing buildings; in case of floor addition, floor height change, space addition, terrace enclosure applications changing mass and height characteristics of the building; three hundred four thousand Turkish lira in areas outside the scope of Law No 2863, five hundred thirty-two thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
c) In case of applications adding and removing load-bearing elements changing structural characteristics, roof form and load-bearing system change; three hundred four thousand Turkish lira in areas outside the scope of Law No 2863, five hundred thirty-two thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
ç) In case of all physical and construction applications in existing rock-carved spaces or applications regarding wall addition, wall removal, plan scheme change, floor and ceiling material change in form, dimension and material characteristics of architectural elements in the plan; two hundred twenty-eight thousand Turkish lira in areas outside the scope of Law No 2863, four hundred fifty-six thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
d) In case of applications regarding dimension and/or material change in doors and windows, exterior cladding change, plaster scraping, new plaster, plaster quality change in exterior facade material characteristics; three hundred four thousand Turkish lira in areas outside the scope of Law No 2863, five hundred thirty-two thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
e) In case the owner fails to bring the building into conformity with the license within the period specified in the commission decision; three hundred eighty thousand Turkish lira in areas outside the scope of Law No 2863, five hundred thirty-two thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
f) In case of unlicensed structural and physical interventions to fairy chimneys and geological and geomorphological formations with natural landscape value; six hundred eight thousand Turkish lira in areas outside the scope of Law No 2863, six hundred eight thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
g) In case of unlicensed taking of stone, soil, sand from areas outside the scope of paragraph (1) of the first paragraph of Article 20 of Law No 2872 in a manner that will spoil natural texture; one hundred fifty-two thousand Turkish lira in areas outside the scope of Law No 2863, six hundred eight thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
ğ) In case of unlicensed filling, excavation, land leveling applications; four hundred fifty-six thousand Turkish lira in areas outside the scope of Law No 2863, six hundred eight thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
h) In case of placement of urban furniture, sculpture, icon, model, landscaping, paving, garden wall or fence construction within the scope of unlicensed environment and landscape arrangements; one hundred fifty-two thousand Turkish lira in areas outside the scope of Law No 2863, one hundred eighty-three thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, two hundred thirteen thousand Turkish lira in registered parcels,
ı) In case of unlicensed demolition of the building; one hundred fifty-two thousand Turkish lira in areas outside the scope of Law No 2863, six hundred eight thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, six hundred eight thousand Turkish lira in registered parcels,
i) Regarding agriculture and forestry activities; three hundred four thousand Turkish lira in case of unlicensed opening of new agricultural areas in 1st and 2nd degree archaeological and natural site areas; three hundred four thousand Turkish lira in case of unlicensed tree planting in 1st and 2nd degree archaeological site areas and in mounds and tumuli,
j) Regarding infrastructure applications; in case of unlicensed execution of all kinds of infrastructure applications, subject to provisions of the Electronic Communications Law No 5809 dated 5/11/2008 regarding electronic communication infrastructures; one hundred fifty-two thousand Turkish lira in areas outside the scope of Law No 2863, two hundred twenty-eight thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, three hundred four thousand Turkish lira in registered parcels; in case of unlicensed execution of water well, septic tank, water tank, LPG tank, energy systems applications; one hundred fifty-two thousand Turkish lira in areas outside the scope of Law No 2863, two hundred twenty-eight thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, three hundred four thousand Turkish lira in registered parcels,
k) In case of use of public areas contrary to plan conditions and purpose; one hundred fifty-two thousand Turkish lira in areas outside the scope of Law No 2863, two hundred twenty-eight thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, three hundred four thousand Turkish lira in registered parcels,
administrative fine is imposed.”
“a) Regarding physical and construction applications; in case of replacement of architectural elements such as wood, metal, baked earth, stone that decay or are depleted by simple repair not subject to license in existing buildings with material not conforming to original forms, or renewal of damaged interior and exterior plasters and coatings without ensuring color and material harmony and not conforming to original forms; one thousand six hundred Turkish lira in areas outside the scope of Law No 2863, eleven thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, sixteen thousand Turkish lira in registered parcels,
b) Regarding license-subject applications in existing buildings; in case of floor addition, space addition, terrace enclosure, addition and removal of load-bearing elements, roof form and load-bearing system change changing mass, height and structural characteristics of the building, or all physical and construction applications in existing rock-carved spaces, or applications made regarding form, dimension and material characteristics of architectural elements in the plan, or applications changing exterior facade material characteristics such as wall addition, wall removal, wall material change, plan scheme change, floor and ceiling material change, dimension and/or material change in doors and windows, exterior cladding change, plaster scraping, new plaster, plaster quality change; sixteen thousand Turkish lira,
c) In case of applications oriented towards signage, air conditioner unit, awning, canopy, advertisement, announcement and promotion on exterior facade, and applications causing visual pollution; one thousand six hundred Turkish lira in areas outside the scope of Law No 2863, eleven thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, sixteen thousand Turkish lira in registered parcels,
ç) In case of unlicensed installation applications inside or outside the building; one thousand six hundred Turkish lira in areas outside the scope of Law No 2863, one thousand six hundred Turkish lira in site areas and protection areas within the scope of Law No 2863, sixteen thousand Turkish lira in registered parcels,
d) In a manner that will not spoil natural texture; in case of construction of outbuilding, coal cellar, coop, garage, warehouse, container, crane, caravan, tent, garden wall or fence, unlicensed independent unit applications; sixteen thousand Turkish lira,
e) In a manner that will not spoil natural texture; in case of taking stone, soil, sand from areas outside the scope of paragraph (1) of the first paragraph of Article 20 of Law No 2872; eleven thousand Turkish lira in areas outside the scope of Law No 2863, sixteen thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, sixteen thousand Turkish lira in registered parcels,
f) In case of unlicensed cadastral applications; sixteen thousand Turkish lira,
g) Regarding other unlicensed applications; sixteen thousand Turkish lira in unlicensed film, series, documentary, actuality, advertisement, drone shoots, news advertisements, photo and video shoots and unlicensed shoots made for income or shoots made with unlicensed material; sixteen thousand Turkish lira in case of unlicensed event, festival, organization activities; in case of unlicensed signage, plaques, advertisements and announcements of various types and sizes in public area and applications causing visual pollution; five thousand Turkish lira in areas outside the scope of Law No 2863, sixteen thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, sixteen thousand Turkish lira in registered parcels,
ğ) In case of use of the building contrary to the function specified in the occupancy permit and operating license and permit; seven thousand Turkish lira in areas outside the scope of Law No 2863, sixteen thousand Turkish lira in site areas and protection areas within the scope of Law No 2863, sixteen thousand Turkish lira in registered parcels,
administrative fine is imposed.”
“(6) Procedures and principles regarding application of administrative fines pursuant to the first, second and fourth paragraphs are determined by regulation issued by the Administration.
(7) If the Commission decides that non-compliance exists pursuant to this article, it determines the provisions for which administrative fines will be applied. The Administration is authorized to determine prohibited acts within the Cappadocia Area and administrative fines to be imposed therefor within the framework of this article and to carry out works and transactions for their application.
(8) The President is authorized to impose administrative fine in the amount determined in Article 33 of Law No 2634 in case of non-compliance with tourism-purpose sporting activities.”
ARTICLE 24- The following paragraphs have been added to Article 9 of Law No 7174.
“(7) The Administration identifies immovable cultural and natural assets and site areas requiring protection in the Cappadocia Area.
(8) The Administration is authorized to carry out expropriation procedures when needed in the Cappadocia Area.”
ARTICLE 25- In the second sentence of the third paragraph of Article 3 of the Law No 7183 dated 11/7/2019 on the Turkish Tourism Promotion and Development Agency, the phrase “to be made among themselves pursuant to relevant legislation” has been changed to “to be held nationwide to ensure representation”; the last sentence of the paragraph has been repealed; the following sentences have been added to the paragraph; the following fourth and fifth paragraphs have been added after the third paragraph of the article; the existing fourth paragraph has been renumbered as the sixth paragraph; the following seventh and eighth paragraphs have been added after the existing fourth paragraph renumbered as the sixth paragraph; the phrase “Minister,” has been added before the phrase “President of the Union of Chambers and Commodity Exchanges of Turkey” in the second sentence of the existing fifth paragraph; the phrase “natural” in the same paragraph has been removed from the text of the article; the existing fifth paragraph has been renumbered as the ninth paragraph; the existing sixth paragraph has been renumbered as the tenth paragraph and amended as follows; the existing seventh paragraph has been renumbered as the eleventh paragraph; and the following paragraphs have been added after the existing seventh paragraph renumbered as the eleventh paragraph.
“Works and transactions regarding holding of elections are carried out by the Agency. Procedures and principles regarding this are determined by the Ministry.”
“(4) The Board of Directors performs the following duties in line with tourism strategy and policies determined by the Ministry:
a) To take decisions regarding all works and transactions within the scope of activity areas of the Agency listed in Article 4 of the Law.
b) To approve the budget annually showing all income and expenses of the Agency on gross basis, taking into account requirements of plans and programs and benefit and cost elements in accordance with principles of efficiency and thrift and according to accounting period.
c) To decide whether collateral will be taken in projects and other transactions where multi-year expenditure will be made in the annual program of the Agency and in procurements of goods and services to be made, to decide on projects and transactions regarding advance payment up to fifty percent in compulsory cases, and to submit the Agency budget to Minister approval.
ç) To decide on establishment, merger or abolition of organizational structure regarding Deputy Director General affiliated to the Director General and other Deputy Director Generalships and sub-service and support units suitable for requirements of services, in order to ensure effective administration, division of labor and coordination in creation of service units to perform services for which the Agency is responsible and related duties.
d) To select and appoint the Director General and Deputy Directors General and to decide on matters regarding employment of personnel and conditions to be sought in personnel from among citizens of the Republic of Turkey who have served in fields related to activity subjects of the Agency, have knowledge in these subjects, have senior management experience, have at least ten years of experience, have completed forty years of age, are university graduates, are not banned from public rights, and meet other conditions sought regarding works to be carried out by the Agency.
e) To determine duties and authorities of the Director General and spending limits.
f) To approve the six-month interim report and annual activity report prepared regarding activities of the Agency and to send a copy to the Ministry.
(5) The Board of Directors convenes upon call of the President at least once every three months with participation of at least eleven members and takes its decisions by absolute majority of participants. The Board of Directors convenes under chairmanship of the Deputy Minister. The Director General of Promotion chairs meetings which the Deputy Minister cannot attend. Agenda, place and time of the meeting are determined by the President and notified to all members at least fifteen days before the meeting date. Agenda item may be added to the meeting upon proposal of at least five members. Abstention is not permitted in voting. In case of equality of votes, the side where the President is located is deemed superior. Dissenting member must write and sign dissenting opinion reason under the decision.
“(7) The Executive Board is tasked with carrying out the following works and transactions:
a) To carry out all works and transactions for implementation of decisions taken by the Board of Directors.
b) To ensure necessary coordination between the Ministry and the Agency regarding Agency activities.
c) To prepare the budget and annual program of the Agency, determine projects and other transactions where multi-year expenditure will be made, submit them for approval of the Board of Directors and follow their realization.
ç) To have audit of the Agency conducted by independent audit institution pursuant to the first paragraph of Article 7 of the Law.
(8) The Executive Board convenes upon call of the President with participation of at least three members and takes its decisions by absolute majority of participants. The Executive Board convenes under chairmanship of the Deputy Minister. The Director General of Promotion chairs meetings which the Deputy Minister cannot attend. Agenda, place and time of the meeting are determined by the Deputy Minister and notified to all members at least five days before the meeting date. Agenda item may be added to the meeting upon proposal of at least two members. Abstention is not permitted in voting. In case of equality of votes, the side where the President is located is deemed superior. Dissenting member must write and sign dissenting opinion reason under the decision.”
“(10) The President of the Advisory Board is the Minister. The Advisory Board convenes at least four times a year or when deemed necessary upon call of the Board President. Agenda, place and time of the meeting are determined by the Board President and notified to all members at least ten days before the meeting date. Agenda item may be added to the meeting upon proposal of at least two members. Representatives of persons or institutions and organizations whose information, experience and expertise are deemed usable by the Advisory Board may be invited to the meeting or their opinions may be obtained. Representatives invited to the meeting in this manner may not sign advisory decisions. The Advisory Board convenes with participation of at least five members and takes advisory decisions by majority. Decisions are written with justification. The Advisory Board performs duties assigned to it under its own responsibility impartially and independently. No executive or administrative duty may be assigned to the Advisory Board or its members within the scope of Agency activities. Duties and authorities given to other organs of the Agency may not be delegated to the Advisory Board in any scope or manner. Membership of the Advisory Board may not be combined with membership of the Board of Directors and Executive Board.”
“(12) It is essential that members of the Board of Directors, Executive Board and Advisory Board take decisions they will take within the framework of duties and authorities defined in this Law in accordance with principles of equality, transparency and accountability and ethical rules together with cost-benefit elements.
(13) One Director General and four Deputy Directors General are employed to use authorities delegated by the Board of Directors.
(14) Duties of the Director General are as follows:
a) To perform necessary works and transactions to ensure implementation of decisions taken by the Board of Directors and Executive Board, to follow them and to submit report to the Executive Board.
b) To ensure coordination with relevant institutions and organizations regarding service units and Agency activities.
c) To manage relations of the Agency with civil society organizations related to advertising, promotion and public relations, primarily in the tourism sector.
ç) To provide necessary data from relevant institutions and organizations in cooperation with the Ministry in order to measure effectiveness of promotion activities carried out by the Agency and to guide planned promotion and marketing activities, to report such data and to transmit them to relevant institutions and organizations, primarily the Ministry.
d) To carry out administrative works and transactions of the Agency.
e) To carry out other works and transactions within the framework of authorities delegated by the Board of Directors.
(15) Personnel may be employed in titles deemed necessary under Deputy Director General by decision of the Board of Directors.”
ARTICLE 26- In subparagraph (d) of the first paragraph of Article 4 of Law No 7183, the phrase “may carry out, and may provide support and resources.” has been changed to “may carry out.”; and the following subparagraph has been added to the paragraph.
“e) The Board of Directors may provide support by realizing joint projects, taking into account principles of equality and competition, tourism potential carried by enterprises, and contribution to country image and promotion in terms of effectiveness and efficiency.”
ARTICLE 27- In subparagraph (a) of the second paragraph of Article 6 of Law No 7183, the phrase “and from accommodation facilities” has been changed to “, from accommodation facilities and from places issued tourism purpose rental permit certificates”.
ARTICLE 28- The phrase “independent audit report, examining reliability and accuracy of financial report and tables of the Agency together with control systems, methods and processes of the Agency and” has been added after the phrase “Court of Accounts,” in the second sentence of the second paragraph of Article 7 of Law No 7183.
ARTICLE 29- The third paragraph of Article 8 of Law No 7183 has been rearranged as follows and the fourth paragraph has been amended as follows.
“(3) Procurements of goods and services related to duties specified in this Law of the Agency are not subject to the Public Procurement Law No 4734 dated 4/1/2002. This exemption does not cover penalty and prohibition from participation in tender provisions and procurements of goods and services related to administrative needs not within specified activities of the Agency in this Law. Procurements of goods and services to be realized by the Agency within the scope of this paragraph are carried out in compliance with principles of transparency, competition, equal treatment, reliability, confidentiality, equal opportunity, public oversight, meeting needs under appropriate conditions and in timely manner, and efficient use of resources. Procedures and principles regarding this paragraph are determined by regulation to be issued by the Ministry taking opinion of the Ministry of Treasury and Finance.”
“(4) Personnel subject to the Labor Law No 4857 dated 22/5/2003 is employed in the Agency within the framework of procedures and principles determined in this article without being subject to legislation provisions regarding employment of personnel in public institutions and organizations. Number of personnel to be employed is two hundred persons; the President is authorized to increase this number up to four times. Wages and other financial rights, if any, to be paid to personnel to be employed in the Agency are determined by the Board of Directors based on title in which duty is performed, education, experience, language knowledge and expertise in field. Total annual personnel expenses of the Agency may not exceed ten percent of realized budget revenues of the most recent year. Except for appointments to be made to Director General and Deputy Director General, success in written and/or oral examination to be held by the Agency or to be had held by higher education institutions is required to be appointed to vacant positions in the Agency. Examination is held on subjects related to duty area of the Agency and subjects related to qualifications required by the position for which recruitment will be made. Matters regarding recruitment, examinations, duties, authorities and obligations of personnel and other matters regarding their employment are determined by regulation to be issued by the Ministry.”
ARTICLE 30- The following transitional article has been added to Law No 7183.
“Continuation of duties of elected members
TRANSITIONAL ARTICLE 3- (1) The duty of the member elected among themselves by travel agency operation certificate holders pursuant to relevant legislation to serve on the Board of Directors of the Agency before the date this article enters into force continues until election is held pursuant to the third paragraph of Article 3 with the Law enacting this article.”
ARTICLE 31- The following transitional article has been added to the Law No 7405 dated 22/4/2022 on Sports Clubs and Sports Federations.
“TRANSITIONAL ARTICLE 4- (1) Sports clubs and supreme organizations are obliged to bring their statutes and administrative and financial structures into conformity with provisions of this Law by 26/10/2024. Registrations of sports clubs and supreme organizations that do not bring their statutes and administrative and financial structures into conformity with the Law within the specified period are cancelled with the Ministry.
(2) Joint stock companies established before the date this Law enters into force and engaged in activity in the field of sports are obliged to become sports joint stock companies by fulfilling obligations foreseen in this Law by 26/10/2024. Joint stock companies that do not fulfill their obligations within the specified period may not participate in sports activities.
(3) Enterprise clubs established within public institutions and organizations and engaged in sports activity but without legal personality are obliged to fulfill conditions foreseen in this Law and have their registrations made by 26/10/2024. Registrations of those that cannot ensure conformity within the specified period are cancelled with the Ministry.”
ARTICLE 32- Article 16 of the Youth and Sports Services Law No 3289 dated 21/5/1986 has been amended together with its title as follows.
“Revenue share from competitions, races and shows
ARTICLE 16- In all kinds of sports competitions and races organized or permitted by the Ministry of Youth and Sports or sports federations, as well as shows, seven percent of net revenue obtained from all kinds of ticket sales by sports clubs and sports joint stock companies is deposited to accounts of provincial directorates of youth and sports as revenue share from competitions, races and shows.
Amounts of revenue share from competitions, races and shows deposited by sports clubs and sports joint stock companies to accounts of provincial directorates of youth and sports are transferred to the special account kept with the central accounting unit of the Ministry of Youth and Sports to be recorded as special revenue to line (B) of the general budget of the relevant year pursuant to additional Article 14. Amounts recorded as special revenue may be used for support of amateur sports activities and may be transferred to accounts of provincial directorates of youth and sports for this purpose.
In calculation of net revenue obtained by sports clubs and sports joint stock companies, from gross revenue representing total of all kinds of ticket sales;
a) Referee, representative and observer fees determined within procedures and principles determined by relevant sports federations,
b) Daily wages to be paid to door, box office, control and private security personnel,
c) Ticket printing and electronic ticket expenses,
are deducted. Amount obtained after deduction of these expenses is determined as net revenue. Information and documents needed regarding net revenue amount are submitted by relevant sports club or sports joint stock company to provincial directorate of youth and sports within one week from date of relevant competition, race and show. If information and documents needed regarding net revenue amount are requested, they must be submitted to the Ministry of Youth and Sports by relevant sports federations including Turkish Football Federation and institutions and organizations authorized by sports federations regarding ticket organization and printing, sale and distribution of tickets.
Procedures and principles regarding application of this article are regulated by regulation to be issued by the Ministry of Youth and Sports.”
Entry into force
ARTICLE 33- (1) Of this Law;
a) Articles 1 to 6, Article 18, Article 27 and transitional Article 1 enter into force on 1/1/2024,
b) Articles 31 and 32 enter into force on the date of publication to be applied from 26/10/2023,
c) Other articles enter into force on the date of publication,
enter into force.
Execution
ARTICLE 34- (1) The provisions of this Law are executed by the President.
1/11/2023