Regulation on Tourism Rental of Residences

REGULATION ON THE ARRANGEMENT OF TOURISM-ORIENTED RENTAL ACTIVITIES OF DWELLINGS

PART ONE

Initial Provisions

Purpose

ARTICLE 1- (1) The purpose of this Regulation is to set forth the procedures and principles relating to the tourism-oriented rental of dwellings for a single period of one hundred days or less.

Scope

ARTICLE 2- (1) This Regulation covers provisions relating to the tourism-oriented rental of dwellings to domestic or foreign persons for a single period of one hundred days or less; procedures to be applied in permit certificate applications; the qualifications of dwellings; provisions that permit certificate holders must comply with; and the mutual rights and obligations of users and permit certificate holders.

Legal basis

ARTICLE 3- (1) This Regulation has been prepared on the basis of Article 6 of Law No. 7464 of 25/10/2023 on the Tourism-Oriented Rental of Dwellings and Amendment of Certain Laws.

Definitions

ARTICLE 4- (1) For the purposes of this Regulation;

a) Minister: the Minister of Culture and Tourism,

b) Ministry: the Ministry of Culture and Tourism,

c) Provincial Directorate: the provincial directorate of culture and tourism of the province where the tourism-oriented rented dwelling is located,

ç) Permit certificate: the tourism-oriented rental permit certificate issued to authorise the lessor to rent the dwelling to natural or legal persons for a single period of one hundred days or less,

d) Permit certificate holder: the person in whose name a permit certificate is issued and who rents out the dwelling,

e) Law: Law No. 7464 of 25/10/2023 on the Tourism-Oriented Rental of Dwellings and Amendment of Certain Laws,

f) Lessor: the natural or legal person who owns the dwelling or has disposal over it through establishment of usufruct or upper-right (superior right),

g) Dwelling: any independent section recorded as residential in the land registry or over which residential floor easement or condominium ownership exists,

ğ) Dwelling enterprise: the management enterprise or marketing enterprise for which a certificate may be issued in a high-quality dwelling,

h) User: natural or legal persons who enter into a tourism-oriented rental agreement with the lessor,

ı) Marketing enterprise: the commercial enterprise holding a travel agency operating licence and authorised to market all or part of the independent sections in a high-quality dwelling, with the consent of the lessor and the management enterprise,

i) Tourism-oriented rental: the rental of dwellings to users for any purpose for a single period of one hundred days or less,

j) Governorship: the governorship of the province where the tourism-oriented rented dwelling is located,

k) Management enterprise: the commercial enterprise that provides, or ensures the provision of, services such as dry cleaning, laundry, transport, food and shopping services, as well as sports facilities and swimming pools, in addition to reception, security and cleaning services in a high-quality dwelling, based on the authority granted in the management plan,

l) High-quality dwelling (residence): residential buildings comprising more than one independent section, meeting at least residential standards, as defined in the Regulation on Zoning of Planned Areas published in the Official Gazette No. 30113 of 3/7/2017, and constructible in the places specified in Article 19 of the same Regulation; containing spaces for reception, security and daily cleaning services; and where services such as health services, dry cleaning, laundry, transport, food and shopping services, sports facilities and swimming pools may be provided,

shall be understood.

PART TWO

Permit Certificate Procedures

Permit certificate application

ARTICLE 5- (1) All applications relating to permit certificates are made through the e-Government portal. Physical applications falling within the scope of this article but not made through e-Government are returned to the applicant without being processed. For dwellings subject to superior rights or usufruct, the application is made by the right holder rather than the owner. A single application is made for dwellings located in the same building for which a permit certificate is requested in the name of the same person. If the applicant has previously obtained permit certificates for dwellings in the same building, this must be stated in the application.

(2) The following information and documents must be submitted in applications for a permit certificate:

a) If the lessor is a natural person;

1) A photocopy of the Republic of Türkiye identity card or identity booklet, or for foreign nationals a photocopy of the passport together with the foreign identity number or tax identification number,

2) A signature declaration where a specimen signature is not included on the identity document or passport.

b) If the lessor is a legal person;

1) For legal persons registered in the trade registry, the tax identification number together with the trade registry number or MERSİS number,

2) For legal persons not registered in the trade registry, the tax identification number,

3) One of the documents listed in subparagraph (a) that includes a specimen signature, relating to persons authorised to represent.

c) An up-to-date title deed sample/record showing ownership and other real rights over the dwelling, and for independent sections without residential floor easement or condominium ownership in the title deed record, a building registration certificate issued as a dwelling.

ç) Where joint ownership exists over the dwelling;

1) In the case of shared ownership, the documents specified in subparagraphs (a) and (b) relating to owners approving the application in sufficient shares and numbers, together with their written declarations of approval,

2) In the case of joint tenancy (elbirliği mülkiyeti), the documents specified in subparagraphs (a) and (b) relating to all owners, together with their written declarations of approval,

3) A written declaration of all owners specifying the lessor authorised to represent and act before the Ministry and responsible to the Ministry.

d) Where the dwelling is located in a building comprising more than one independent section;

1) A notarised copy of the decision taken unanimously by the condominium owners of all residential independent sections in the building, approving tourism-oriented rental activity in the dwelling concerned,

2) A business opening and operating licence where the number of dwellings for which a permit certificate is requested in the name of the same lessor in the same building exceeds five; additionally, where the building subject to the application is located in a residential site consisting of buildings with more than one independent section, a notarised copy of the decision taken unanimously by all condominium owners.

e) Where the application is made by proxy, in addition to the documents listed in the above subparagraphs, a notarised copy of the power of attorney signed by the lessor or persons authorised to represent.

(3) In applications for high-quality dwellings, in addition to the documents listed in the second paragraph except subparagraph (d), the following information and documents are submitted:

a) An official document showing that the dwelling was constructed in the places specified in Article 19 of the Regulation on Zoning of Planned Areas.

b) The management plan registered in the condominium ledger arranged under Law No. 634 on Condominium Ownership of 23/6/1965.

c) Where the application is made by the dwelling enterprise, the documents listed in subparagraph (b) of the second paragraph together with a document showing the lessor’s approval.

ç) Where the application is made by the marketing enterprise, additionally a document showing the consent of the management enterprise and the travel agency certificate.

(4) In applications for high-quality dwellings and detached dwellings, submission of the decision to be taken unanimously under subparagraph (d) of the second paragraph and the twenty-five percent condition in the fourth paragraph of Article 3 of the Law are not required. Separate certificates may be issued to the management enterprise and to one or more marketing enterprises in the same high-quality dwelling.

(5) The applicant accepts and declares that the documents submitted are true copies and reflect reality, and that the information given is correct. If it is determined that false documents were submitted in the application, the application is rejected; if the dwelling has been certified, its certificate is cancelled; and a criminal complaint is filed against those submitting such documents under the Turkish Penal Code No. 5237 of 26/9/2004.

(6) For dwellings for which a building registration certificate has been issued under provisional Article 16 of the Zoning Law No. 3194 of 3/5/1985, the provisions of the tenth paragraph of the same article and the first paragraph of Article 9 of the Procedures and Principles on Issuing Building Registration Certificates published in the Official Gazette No. 30443 of 6/6/2018 are reserved.

Permit certificate procedures

ARTICLE 6- (1) Application documents are examined by the provincial directorate taking Article 3 of the Law into account; permit certificates are issued for dwellings whose documents are found suitable. Applications made with incomplete or unsuitable documents are rejected with reasons communicated. Procedures relating to applications must be concluded within thirty days.

(2) Where the application is concluded by issuing a permit certificate, an inspection of the dwelling is carried out within thirty days from the date the permit certificate is issued.

(3) Where it is determined in the inspection that the dwelling does not meet the minimum qualifications, an administrative fine is imposed on the permit certificate holder pursuant to subparagraph (ğ) of the second paragraph of Article 4 of the Law, and fifteen days are granted to remedy the deficiencies identified. If the deficiencies are not remedied in the second inspection to be carried out at the end of this period, the permit certificate is cancelled pursuant to subparagraph (d) of the first paragraph of Article 5 of the Law.

(4) Where it is determined in the first inspection that the dwelling meets the minimum conditions but changes/corrections are required in the information that must appear on the certificate, the permit certificate is updated taking this information into account.

(5) A copy of each issued permit certificate is sent to the Ministry, the relevant local authority, the law enforcement units responsible for the area where the dwelling is located, and the tax office directorate where the dwelling is located. The same institutions and bodies are also informed in cases of cancellation of the permit certificate or rejection of the application.

(6) A permit certificate cannot be issued for the purpose of renting out one or several rooms of an uncertified dwelling used by the lessor as a residence. If it is determined that dwellings are rented out in this manner, subparagraph (a) of the first paragraph of Article 4 of the Law is applied.

(7) Application procedures relating to high-quality dwellings and dwellings within the scope of provisional Article 1 are examined and concluded by the Ministry.

Information to be included on the permit certificate

ARTICLE 7- (1) The permit certificate shall include;

a) the name or trade title of the permit certificate holder,

b) the address of the dwelling,

c) the date of the permit certificate and the certificate number beginning with the plate code of the province where the dwelling is located,

ç) the maximum number of persons who may stay in the dwelling,

information.

Issuance of plaque

ARTICLE 8- (1) It is mandatory to affix at the entrance of the dwelling rented for tourism purposes the plaque prepared by the Ministry and marked with a dry stamp.

(2) The plaque shall include the following information:

a) The phrase “TOURISM-ORIENTED DWELLING” and information that the dwelling is subject to inspection by the Ministry.

b) The date of the permit certificate, the certificate number beginning with the plate code of the province where the dwelling is located, and the contact number of the permit certificate holder.

c) The address of the dwelling.

PART THREE

Qualifications of Dwellings and Obligations of the Permit Certificate Holder

Qualifications required in dwellings

ARTICLE 9- (1) Dwellings for which application is made for a permit certificate must meet the following qualifications:

a) At least one bedroom, toilet-bathroom, living area and kitchen arrangement.

b) Hot and cold water in the dwelling; a quality bed in bedrooms; one pillow, pillowcase, sheet, quilt or duvet according to climatic conditions per person; face and bath towels per person in the bathroom.

c) Chemical fire extinguishers; smoke detectors against fire in all sections with fixed partitions except bathroom-toilet; a floor plan on the back of doors showing the location of the escape staircase.

ç) Furnishings, decoration, equipment and appliances used in the dwelling being standard-compliant, clean, maintained and in working order.

d) The capacity of the dwelling is calculated on the basis of two persons per bedroom; in addition to the number of bedrooms, a maximum capacity of two persons may be added. Even if the number of rooms meeting these conditions is higher, the number of persons who may stay in the same dwelling is a maximum of twelve, excluding children under three years of age. Users may not be accommodated above the determined dwelling capacity. If the dwelling is rented in violation of these conditions, an administrative fine is imposed on the permit certificate holder pursuant to subparagraph (ç) of the second paragraph of Article 4 of the Law.

(2) In addition to those specified in the first paragraph, the following qualifications must also be met after the permit certificate is issued:

a) A legible copy of the dwelling’s permit certificate must be published in every medium where the dwelling is promoted and marketed. The following information must be included in such promotions:

1) Information on the location of the dwelling, person capacity, floor on which it is located, whether it has a balcony/terrace, number of bedrooms, living rooms and bathrooms-toilets, information on whether beds in rooms are double or single, furnishings, equipment for cooking, food preparation, cold storage, hot/cold beverage preparation and service, appliances such as washing machine, dishwasher, television, hair dryer, heating-cooling systems, whether sports units, spa, swimming pool and parking are private or shared, accessibility arrangements for access to and within the dwelling, whether pets are accepted, whether wired/wireless internet is available, and information on other services offered.

2) Information on rules adopted by the site or apartment management.

3) Information on check-in and check-out times and whether cleaning service is provided.

(3) Where application is made for more than one dwelling in the same site, building or high-quality dwelling in the name of the same natural or legal person, a single permit certificate is issued; however, a separate plaque is issued for each dwelling.

(4) Where all dwellings in a high-quality dwelling are rented out by the dwelling enterprise, a single permit certificate and plaque are issued in the name of the dwelling enterprise; otherwise the provisions of the third paragraph apply.

Obligations of the permit certificate holder

ARTICLE 10- (1) The obligations of the permit certificate holder are as follows:

a) To deliver the rented dwelling to the user in a manner meeting the qualifications specified in Article 9.

b) As a minimum, to carry out/ have carried out regular cleaning and maintenance of the dwelling at every change of user, to combat pests regularly and to keep records thereof.

c) To inform users in writing or through online platforms of rules adopted by the site or building management.

ç) To fulfil obligations under the Identity Reporting Law No. 1774 of 26/6/1973, the Personal Data Protection Law No. 6698 of 24/3/2016, and legislation enacted on the basis of these Laws.

d) To affix at the entrance of the dwelling the plaque to be prepared by the Ministry.

(2) The rooms of a certificated dwelling may not be rented separately to different persons under separate agreements. If it is determined that rental is made in this manner, proceedings are initiated against the permit certificate holder pursuant to subparagraph (ğ) of the second paragraph of Article 4 of the Law.

PART FOUR

Miscellaneous and Final Provisions

Promotion and information

ARTICLE 11- (1) Accurate information from the perspective of consumer rights is provided in dwelling promotions; promotions that may be misleading or damage the country’s tourism shall not be made.

Inspection and sanctions to be applied

ARTICLE 12- (1) The qualifications forming the basis for issuing the permit certificate must be maintained in dwellings for which a permit certificate has been issued.

(2) Inspections of dwellings for which a permit certificate is requested and dwellings holding a permit certificate are carried out through personnel of the provincial directorate authorised by the governorship under the second paragraph of Article 6 of the Law, or through other personnel assigned by the governorship where sufficient personnel is not available. Recommendations specified in reports to be prepared following inspection are implemented by the governorship.

(3) Where matters requiring application of administrative sanctions are identified as a result of inspections in certificated dwellings, the governorship applies the relevant articles of the Law and this Regulation.

(4) Certificated dwellings are inspected at least once every two years from the date the certificate is issued. Where it is determined in inspection that minimum qualifications are not maintained, proceedings are initiated under Article 4 or 5 of the Law.

(5) Inspections of high-quality dwellings and dwellings within the scope of provisional Article 1, and application of administrative sanctions where necessary, are carried out by the Ministry.

Archive

ARTICLE 13- (1) Files relating to certificated dwellings are kept in digital archives.

Regulatory authority

ARTICLE 14- (1) The Ministry is authorised to remove doubts arising in implementation, remedy implementation deficiencies, determine principles and standards, make necessary regulations to ensure uniformity of application, request any information and documents in this regard, and decide on matters not covered in this Regulation.

(2) In order to ensure effective implementation of subparagraph (e) of the first paragraph of Article 4 of the Law, the Ministry may transmit through online systems to intermediary service providers a warning aimed at removal of promotion and marketing content of dwellings without a permit certificate.

Existing dwellings possessing the characteristics of high-quality dwellings

PROVISIONAL ARTICLE 1- (1) Before 1/1/2024; for dwellings already subject to short-term tourism-oriented rental according to the management plan shown in the (Declarations) section of the condominium ledger under Article 28 of Law No. 634, where reception, security and daily cleaning service spaces and all services of dry cleaning, laundry, food and shopping services, equipped gym and swimming pool are provided, the provisions of this Regulation relating to high-quality dwellings apply without requiring that they be constructed in the places specified in Article 19 of the Regulation on Zoning of Planned Areas.

Entry into force

ARTICLE 15- (1) This Regulation enters into force on 1/1/2024.

Enforcement

ARTICLE 16- (1) This Regulation is enforced by the Minister of Culture and Tourism.

From the Ministry of Culture and Tourism: 26.01.2024

REGULATION ON AMENDMENT OF THE REGULATION ON THE ARRANGEMENT OF TOURISM-ORIENTED RENTAL ACTIVITIES OF DWELLINGS

ARTICLE 1- The following provisional article has been added to the Regulation on the Arrangement of Tourism-Oriented Rental Activities of Dwellings published in the Official Gazette No. 32413 of 28/12/2023.

“Existing detached dwellings

PROVISIONAL ARTICLE 2- (1) For detached dwellings subject to tourism-oriented rental activity on the date the Law entered into force, where the application is made with a title deed not containing the word dwelling, the title deed is evaluated together with the other information and documents required under Article 5 and a written declaration that a dwelling exists on the immovable property. Permit certificates issued in this scope are valid until 31/12/2024.”

ARTICLE 2- This Regulation enters into force on the date of publication.

ARTICLE 3- This Regulation is enforced by the Minister of Culture and Tourism.