Recently, new regulations regarding tourism-oriented housing rentals have gained attention in Turkey. A comprehensive regulation has also been published for Airbnb, the world’s most popular home rental platform. The Law No. 7464 on the Rental of Houses for Tourism Purposes and Amendments to Certain Laws, along with the Regulation on the Rental of Houses for Tourism Purposes and its explanatory guide, introduce several rules for both individuals and legal entities involved in tourism-oriented rental activities. These regulations not only define the procedures and principles for renting properties to individuals or legal entities for tourism purposes but also cover the issuance of rental permits, administrative sanctions, and the legal framework applicable to tourism-oriented rented properties.

The new regulation aims to ensure oversight of rental activities, establish minimum standards for rental services, and enhance user experiences. It also imposes significant administrative penalties for non-compliance with the updated rules. In this article, we examine the minimum requirements and legal process for obtaining a license for such rental activities.

The Tourism-Oriented Rental Permit is an official document issued by the Ministry of Culture and Tourism or the Provincial Directorate of Culture and Tourism where the property is located. This permit allows the landlord to rent their residence to individuals or legal entities for a maximum of one hundred days.

The first step in the rental process is obtaining this permit. Regardless of the purpose of the rental—be it for sports, business, health, education, or travel—this permit is required for properties intended for tourism-oriented rentals.

Failure to acquire the permit and engaging in tourism-oriented rental activities can result in administrative fines ranging from 100,000 to 1,000,000 Turkish Lira for each property, depending on the nature of the violation

Law No. 7464 entered into force on January 1, 2024. The law made a dual distinction in terms of the date of commencement of the rental activity. As of January 1, 2024, real or legal persons who were already engaged in tourism rental activities were required to apply by February 1, 2024. There was no obstacle to their conducting rental activities during this period, and the applications were finalized within three months from the date of application.

According to the guide published by the Ministry, real or legal persons who want to start tourism rental activities after January 1, 2024 are required to obtain a permit before starting the rental activity, and these applications made via e-government will be finalized within 30 days. After the mentioned periods, administrative fines will be imposed on each residence for those who rent for tourism purposes without a permit.

-If the information and documents requested by the Ministry are not sent within 30 days, if they are sent incompletely, if misleading information or documents are provided, an administrative fine of 50,000.00 Turkish liras will be applied.

-If the lessor changes due to a legal transaction other than inheritance and this change is not reported within 30 days from the date of registration in the land registry, an administrative fine of 50,000.00 Turkish liras will be applied.

-If the document regarding the payment of the tourism share within the scope of the Law No. 7183 on the Turkish Tourism Promotion and Development Agency dated 11/7/2019 is not presented within the period determined by the Ministry or if this document is not presented during the inspections to be carried out, an administrative fine of 50 thousand Turkish liras will be applied.

-In cases where the location, quality and physical features of the residence rented for tourism purposes are misleadingly promoted to the user through writings, advertisements, posters, brochures, social media, web pages and similar tools, or the promised conditions are not met, or the residence rented for tourism purposes is allocated to the user for a shorter period than the period specified in the contract, an administrative fine of 100,000.00 Turkish lira is applied.

-If the residence rented for tourism purposes is not delivered to the user in accordance with the contract, an administrative fine of 100,000.00 Turkish lira is applied. If the payment received is not returned within the 15-day period given following its implementation, an administrative fine of 200,000.00 Turkish lira is applied.

-If the plaque arranged by the Ministry is not hung at the entrance of the residences rented for tourism purposes, an administrative fine of 100,000.00 Turkish lira is applied and a period of 15 days is given for hanging. If the plaque is not hung at the entrance of the residence rented for tourism purposes within 15 days despite the 15-day period, an administrative fine of 500,000.00 Turkish lira will be applied.

-If it is determined during the inspection that the residence does not have the qualifications necessary for the issuance of a permit, an administrative fine of 100,000.00 Turkish lira will be applied and a period of 15 days will be given to correct the irregularities.

The revocation of the permit occurs under the following circumstances:

• Request for Revocation: The permit holder requests the cancellation of their permit.
• Termination of Rental Activity: It is determined that tourism-oriented rental activities have ceased.
• Change in Property Ownership: If the landlord changes due to a legal transaction other than inheritance and fails to notify the authorities within 30 days from the date of registration in the land registry, the new landlord must apply for a permit transfer for the property. If the change of permit holder is approved but the obligations are not fulfilled, the permit may be revoked.
• Violation of Public Order: If the property rented for tourism purposes is reported by competent public institutions to be used in violation of public order, public safety, or general morals.
• Failure to Meet Standards: During an inspection, if it is found that the property does not meet the qualifications necessary for permit issuance and these discrepancies are not rectified within 15 days, the permit may be revoked.

It is important to note that even if a permit is revoked, the rights of the users of the affected properties continue until the end of the contractual period.

It is given to real or legal persons who own the property of the house or who have the right of usufruct or superficies in their possession and, limited to high-quality houses (residences), to housing enterprises (management and marketing enterprises) that have the authority to rent the house upon request. If the right of superficies or superficies are registered in the land registry, the document is given to the owners of these rights, not to the owner of the property. If both rights are registered in the land registry, the document will be given to the owner of the superficies.

A touristic rental permit cannot be issued to persons other than those specified, and it is not possible for a house to be rented from the owner by making a long-term lease agreement and for the tenant to apply for a touristic rental permit.

Applications for tourism rental permits are made only to the Ministry of Culture and Tourism via e-Government. Therefore, it is mandatory for applicants to have an e-government user name and password. Persons without a foreign identity number must apply by proxy. Applications on behalf of legal entities are made by authorized persons. A single application is made for residences belonging to the same person in the same building (block).

First of all, the legal nature of the real estate to be rented is determined. The real estate to be rented can be one of the structures such as an independent flat, apartment flat, masonry building, roof-paneled residence. In detail, the condominium ownership, floor easement status and especially the type of real estate should be checked from the title deed. The nature of the real estate according to the title deed record is important in terms of preparing the necessary application documents.

Among the application documents, it is requested that the current title deed record of the independent sections be uploaded to the system. All documents requested in the system must be prepared in pdf format. The number of rooms, number of beds and maximum number of people in the house to be rented are entered.

In addition to the land registry record, six basic documents must be present during the application:
-Application consent statement of the housing owners. This statement includes written statements indicating that, in the case of joint ownership, the partners approve the application of the permit applicant and that the lessor is authorized to represent and bind the Ministry and is responsible to the Ministry.

-Approval document of the owners in shared title deeds. This document must include the approval of all owners in shared title deeds.

-Application power of attorney. If the application is to be made by power of attorney, the power of attorney must be submitted to the system.

-Consent of the block flat owners. In the case of more than one independent section of the house, a notarized copy of the unanimous decision taken by the flat owners of all independent sections of the building where the independent section is located regarding the approval of the rental activity for tourism purposes in the house. Permission from neighbors is not required for independent or high-quality housing rentals. In the case of condominium or floor easement, it is investigated whether the apartment has an official management. If there is no management, the homeowners should be contacted. If there is a management, an extraordinary meeting request should be sent to the management and all homeowners should be gathered, the address of the real estate to be rented should be written in the apartment owners’ decision book and consent should be obtained for the tourism rental activity to be carried out in the said building in accordance with the legislation, and a notarized version of this transaction made on the apartment book should be included among the application documents.

-Business opening and operating license. If the number of residences for which a permit is requested in the name of the same lessor in the same building exceeds five, a business opening and operating license should be obtained.

-Consent of the site apartment owners. If the number of residences for which a permit is requested in the name of the same lessor in the same building exceeds five and the building in question is located in a housing complex consisting of buildings with more than one independent section, a notarized copy of the decision taken unanimously by the apartment owners of all independent sections of the site where the independent section is located regarding the approval of carrying out tourism rental activity in the residence is required.

In buildings with more than three independent units (residential), a permit can be issued in the name of the same person for a maximum of twenty-five percent of the apartments in that building. In other words, it is not possible for a single person to obtain a permit to operate an entire residential building (apartment) as a hotel. Additionally, the rooms of a permitted residence cannot be rented out individually through separate contracts to different individuals.

Provided that this restriction is followed, there is no limit on the number of residences for which the same natural or legal person can apply. However, if the number exceeds five, a business establishment and operational license must also be obtained.

Required Documents for Application Based on the Characteristics of the Property to be Rented

According to the law, different information and documents must be submitted depending on the building where the residence is located, the number of residences applied for, whether the residence is a high-quality residence (residence), and the qualifications of the applicant. These are listed below:

For Detached Houses, i.e., Villas:

a) If the lessor is a natural person:

1. A photocopy of the Turkish Republic identity card or residence permit; if foreign, a photocopy of the passport.
2. If there is no signature sample in the identity document or passport, a signature declaration.

b) If the lessor is a legal entity:

1. For legal entities registered with the trade registry, the tax identification number along with the trade registry number or MERSIS number; for legal entities not registered with the trade registry, the tax identification number.
2. Signature circular or signature declaration related to the individuals authorized to represent the company, or a sample of the Turkish Republic identity card or passport with a signature.

c) An updated copy/record of the title deed showing ownership rights and other real rights on the property.

ç) In case there is joint ownership on the residence:

1. In the case of divided ownership, documents of the owners approving the application in accordance with the share and majority of shares, as mentioned in (a) and (b), along with signed declarations stating they have approved the application, and a written declaration of all owners indicating the lessor who is authorized to represent and be responsible before the Ministry.
2. In the case of undivided ownership, documents of all owners, as stated in (a) and (b), along with signed declarations stating they have approved the application.

d) If the application is made by a proxy, in addition to the documents mentioned above, a notarized power of attorney signed by the lessor or authorized representatives.

e) For independent units without a condominium or site ownership purpose in the title deed, a construction registration certificate issued for residential purposes.

For Residences in Buildings with Multiple Independent Units:

a) If the lessor is a natural person:

1. A photocopy of the Turkish Republic identity card or residence permit; if foreign, a photocopy of the passport.
2. If there is no signature sample in the identity document or passport, a signature declaration.

b) If the lessor is a legal entity:

1. For legal entities registered with the trade registry, the tax identification number along with the trade registry number or MERSIS number; for legal entities not registered with the trade registry, the tax identification number.
2. Signature circular or signature declaration related to the individuals authorized to represent the company, or a sample of the Turkish Republic identity card or passport with a signature.

c) An updated copy/record of the title deed showing ownership rights and other real rights on the property.

ç) In case there is joint ownership on the residence:

1. In the case of divided ownership, documents of the owners approving the application in accordance with the share and majority of shares, as mentioned in (a) and (b), along with signed declarations stating they have approved the application.
2. In the case of undivided ownership, documents of all owners, as stated in (a) and (b), along with signed declarations stating they have approved the application.

d) 1) A notarized copy of the decision taken unanimously by the condominium owners for the suitability of conducting tourism-related rental activities in the independent unit located in the building. 2) If the number of residences requested for a permit in the same building under the same lessor exceeds five, a business establishment and operational license; additionally, if the building is located in a residential site consisting of multiple independent units, a notarized copy of the decision taken unanimously by all condominium owners.

e) If the application is made by a proxy, in addition to the documents mentioned above, a notarized power of attorney signed by the lessor or authorized representatives.

For High-Quality Residences (Residences) When the Application is Made by the Owner of the Property or Usufruct:

a) If the lessor is a natural person:

1. A photocopy of the Turkish Republic identity card or residence permit; if foreign, a photocopy of the passport.
2. If there is no signature sample in the identity document or passport, a signature declaration.

b) If the lessor is a legal entity:

1. Tax identification number along with the trade registry number or MERSIS number.
2. Signature circular or signature declaration related to the individuals authorized to represent the company, or a sample of the Turkish Republic identity card or passport with a signature.

c) An updated copy/record of the title deed showing ownership rights and other real rights on the property.

ç) In case there is joint ownership on the residence:

1. In the case of divided ownership, documents of the owners approving the application in accordance with the share and majority of shares, as mentioned in (a) and (b), along with signed declarations stating they have approved the application.
2. In the case of undivided ownership, documents of all owners, as stated in (a) and (b), along with signed declarations stating they have approved the application.

d) If the application is made by a proxy, in addition to the documents mentioned above, a notarized power of attorney signed by the lessor or authorized representatives.

e) Management plan registered in the title deed under Law No. 634 on Condominiums.

f) A document proving that the residence was rented for a short period before January 1, 2024.

g) A document proving that the residence is located on a parcel where high-quality residences (residences) can be constructed. (Management plan for high-quality residences established after January 1, 2024).

For High-Quality Residences (Residences) When the Application is Made by the Management Company:

a) The company must have:

1. Tax identification number along with the trade registry number or MERSIS number.
2. Signature circular or signature declaration related to the individuals authorized to represent the company, or a sample of the Turkish Republic identity card or passport with a signature.

b) An updated copy/record of the title deed showing ownership rights and other real rights on the property.

c) In case there is joint ownership on the residence:

1. In the case of divided ownership, documents of the owners approving the application in accordance with the share and majority of shares, as mentioned in (a) and (b), along with signed declarations stating they have approved the application.
2. In the case of undivided ownership, documents of all owners, as stated in (a) and (b), along with signed declarations stating they have approved the application.

ç) If the application is made by a proxy, in addition to the documents mentioned above, a notarized power of attorney signed by the lessor or authorized representatives.

d) Management plan registered in the title deed under Law No. 634 on Condominiums.

e) A document proving that the residence was rented for a short period before January 1, 2024.

f) A document proving that the residence is located on a parcel where high-quality residences (residences) can be constructed. (Management plan for high-quality residences established after January 1, 2024).

g) A document showing that the applicant company is the authorized management company for the building where the high-quality residence is located.

h) A document showing the permission of the property’s usufruct holder, or if not available, the permission of the property owner.

For High-Quality Residences (Residences) When the Application is Made by the Marketing Company:

a) The company must have:

1. Tax identification number along with the trade registry number or MERSIS number.
2. Signature circular or signature declaration related to the individuals authorized to represent the company, or a sample of the Turkish Republic identity card or passport with a signature.

b) An updated copy/record of the title deed showing ownership rights and other real rights on the property.

c) In case there is joint ownership on the residence:

1. In the case of divided ownership, documents of the owners approving the application in accordance with the share and majority of shares, as mentioned in (a) and (b), along with signed declarations stating they have approved the application.
2. In the case of undivided ownership, documents of all owners, as stated in (a) and (b), along with signed declarations stating they have approved the application.

ç) If the application is made by a proxy, in addition to the documents mentioned above, a notarized power of attorney signed by the lessor or authorized representatives.

d) Management plan registered in the title deed under Law No. 634 on Condominiums.

e) A document proving that the residence was rented for a short period before January 1, 2024.

f) A document proving that the residence is located on a parcel where high-quality residences (residences) can be constructed. (Management plan for high-quality residences established after January 1, 2024).

g) A document showing that the applicant company is

The residences for which the permit is applied must meet the following qualifications:
-At least one bed, toilet-bathroom, living area and kitchen arrangement.

-Cold and hot water in the residence, qualified bed in the bedrooms, one pillow, pillowcase, sheet, blanket or quilt according to the climate conditions per person, face and bath towel per person in the bathroom.

-Chemical fire extinguishers and smoke detectors against fire in all sections with fixed separation except for bathroom-toilet, a sketch showing the location of the escape stairs behind the door.

-The furnishing, decoration, equipment and devices used in the residence must be in accordance with the standards, clean and well-maintained and in working order.

-The capacity of the residence; each bedroom is calculated for two people, a maximum capacity of two people is added to the number of bedrooms. Even if the number of rooms meeting these conditions is more, the maximum number of people who can stay in the same residence is twelve people, excluding children under the age of three. Users cannot be taken over the determined residence capacity.

After the permit document is issued, in addition to the above, a copy of the permit document of the residence is published legibly in all kinds of environments where the promotion and marketing of the residence is carried out. The following information must be included in these promotions:

1) The location of the residence, its capacity, the floor on which it is located, whether there is a balcony/terrace, the number of bedrooms, living rooms/living areas and bathrooms-toilets, information on whether the beds in the rooms are double or single, furnishing materials, cooking, food preparation, cold storage, hot/cold beverage preparation, service materials, equipment such as washing machines, dishwashers, televisions, hair dryers, heating-cooling systems, personal or shared sports units, spa, swimming pool, whether there is a parking facility, accessibility arrangements in and within the residence, whether pets are accepted, whether there is a wired/wireless internet facility, and information on other services provided.

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

3) Information on the hours of receiving the residence and vacating it at the end of the usage period and whether cleaning services are provided.

What are the Minimum Qualifications that High-Quality Residences Must Have?
High-quality residences (residences) are residential buildings that can be built in the places specified in Article 19 of the same regulation, which are defined in the Planned Areas Zoning Regulation dated 3/7/2017 and entered into force by being published in the Official Gazette 30113, and that meet the minimum housing conditions; contain more than one independent section where reception, security and daily cleaning service areas are located, health services, dry cleaning, laundry, transportation, food and shopping services, gym and swimming pool services can be provided. Independent sections in high-quality residential buildings must also meet the housing qualifications specified above. Before 1/1/2024; According to the management plan shown in the declaration section of the condominium registry in accordance with Article 28 of the Law on Condominiums No. 634, the provisions of this regulation regarding high-quality housing shall be applied to the residences where reception, security and daily cleaning service areas, dry cleaning, laundry, food and shopping service, gym and swimming pool services are provided, which are currently subject to short-term rental for tourism purposes, without the requirement of being built in the places specified in Article 19 of the Planned Areas Zoning Regulation. However, high-quality housing whose management plan is approved after 1/1/2024 cannot benefit from this exception.

-To deliver the rented house to the user in a way that meets the above-mentioned qualifications.

-As a minimum, to regularly clean and maintain the house at every change of user, to regularly combat pests and to keep records regarding this.

-To inform the users in writing or online about the rules taken by the site or building management.

-To hang the plaque prepared by the Ministry at the entrance of the house.

-To fulfill the obligations within the scope of the Identity Notification Law No. 1774 dated 26/6/1973 and the Personal Data Protection Law No. 6698 dated 24/3/2016. Let us state immediately that, as regulated in Article 2 of the Identity Notification Law No. 1774, the responsible operators of hotels, motels, inns, guesthouses, single rooms, daily rental houses, camps, camping, holiday villages and all kinds of private or official accommodations, private health institutions, rest and retirement homes, social facilities of religious and charitable institutions are obliged to keep the identity and arrival-departure records of all locals or foreigners they show a place to stay in these places, whether paid or unpaid, day or night, in accordance with the sample and procedure, and to keep them ready for inspection by general law enforcement organizations at any time. Therefore, before the rental activity, the nearest police station to the rented real estate should be applied to and membership should be opened to the identity notification system.

4) CONCLUSION
The legislator has comprehensively regulated the legislation regarding rental activities for periods shorter than one hundred days and has increased its supervision in this regard. Since the regulations are extremely detailed and there are serious sanctions in case of violation of the rules, it would be appropriate for you to carry out the rental activity with the guidance of our lawyers. You can reach our professional team for all kinds of legal support regarding tourism rentals.