Amendment on Short-Term Renting of Residential Properties for Tourism Purposes has been published!

Amendment on Short-Term Renting of Residential Properties for Tourism Purposes has been published!

On November 2, 2023, the amendment to the Law No. 7464 on the Leasing of Houses for Tourism Purposes and Amendments to Certain Laws was published in the Official Gazette dated November 2, 2023 and numbered 32357. The said amendment regulates the procedures and principles regarding the renting of dwellings for tourism purposes to real and legal persons, provided that they are not rented for more than 100 days at a time.

• • Obligation to Obtain a Plaque with a Certificate of Authorization

In order to rent houses for tourism purposes, it is obligatory to obtain a permission certificate from the Ministry before the lease agreement is concluded. The Ministry may also exercise its authority to issue a permit through the governorship. In addition, a plaque indicating the qualifications specified by the Ministry shall be hung at the entrance of the dwelling rented for tourism purposes.

• • Unanimous Authorization by All Floor Owners is Required.

With the aforementioned regulation, it is mandatory to submit the unanimous decisions taken by all floor owners of the building that the building is deemed suitable for tourism rentals in the applications for permission certificates for the rental of residences for tourism purposes.

In buildings consisting of more than three independent sections subject to the permission certificate for the rental of dwellings for tourism purposes, a permission certificate is issued on behalf of the same lessor for a maximum of twenty-five percent. To give an example; if the lessor has 17 apartments in a building with 60 independent sections, it is envisaged to obtain a permit for a maximum of 15 apartments.

In the event that the number of independent sections subject to the issuance of a permit in the same building exceeds five if the lessor is the same, it is obligatory to submit the workplace opening and operation license and the decision taken unanimously by all floor owners in the application.

• • Obligation to Obtain a Permit Belongs to the Lessor

As a rule, the obligation to obtain a permit belongs to the lessor; in addition, the lessor may also carry out the rental activity for tourism purposes through (A) group travel agencies certified in accordance with the Law on Travel Agencies and Travel Agencies Union dated 14.09.1972 and numbered 1618.

• • Subletting will be Prohibited in Tourism Rental Houses

It is prohibited for the lessee to rent the dwelling rented for tourism purposes from the lessor who holds a permit to third parties. However, if the user is a legal entity, the use of the dwelling rented for tourism purposes by its own personnel is not included in the scope of the prohibition.

• • Identity Reporting Obligation for Residential Users

The provisions of the Law No. 1774 on Identity Notification of the users of the dwellings rented for tourism purposes and for which a permit has been obtained are applied. In this context, in accordance with the Identity Reporting Law No. 1774, the holder of the permit is considered to be the responsible person for the obligation to notify the law enforcement authorities.

• Unauthorized Rental Activities Subject to Various Administrative Sanctions
  1. Those who rent out dwellings without a permit shall be imposed an administrative fine of TL 100,000 for each dwelling and shall be given a period of 15 days to obtain a permit.
     • Those who continue their rental activities for tourism purposes without obtaining a permit within the 15-day period are subject to an administrative fine of TL 500,000 and are given another 15-day period to obtain a permit.
     • An administrative fine of TL 1.000.000 shall be imposed on those who continue their rental activities without a license despite the implementation of the above-mentioned provisions.
  2. An administrative fine of TL 100,000 shall be imposed on those who intermediate the rental of dwellings without a license for each contract they intermediate.
  3. An administrative fine of TL 100.000 for each contract shall be imposed on persons who rent out a dwelling that they have rented out for their own use as a dwelling.
  4. An administrative fine of 100.000 TL for each contract shall be imposed on those who rent out the residence rented for tourism purposes from the permit holder to third parties, i.e. those who make sublease agreements.
  5. If the plaque whose qualifications are specified by the relevant Ministry is not hung at the entrance of the place rented for tourism purposes, an administrative fine of 100.000 TL shall be imposed and a period of 15 days shall be given to hang the plaque.
  6. In the event that electronic service providers rent houses for tourism purposes without a license, an administrative fine of TRY 100,000 shall be imposed for each house. It is decided to remove and/or block access to the publication, section, episode in which the violation has occurred. The decision is sent to the Association of Access Providers for implementation. In addition, if the relevant access blocking decision is not implemented, an administrative fine of 100.000 TL for each residence is imposed on intermediary service providers.