RESIDENCE RENTAL FOR TOURISM PURPOSES
– AİRBNB TYPE OF RENTAL ACTIVITIES –
Residence Rental For Tourism Purposes : In principal, the provisions to be applied when renting a property shall be the provisions of the Turkish Code of Obligations. However, in accordane with the 7464 numbered “LAW ON RENTAL OF RESIDENCES FOR TOURISM PURPOSES and AMENDMENTS IN SOME LAWS” dated 02/11/2023, certain special provisions have been introduced for the rental of residences for toruism pusposes for less than 100 days at a time. The essential aspect of the new regulation is the registration of short-term rentals made through the platforms such as AİRBNB in the market. In accordance with the regulations, the conditions mentioned in the Law shall be met in short-term and tourism renals made through the platforms such as AİRBNB.
Scope of the Law
The purpose of the Law is to regulate the issues regarding the rental of residences to real and legal persons for tourism purposes. Only rentals up to 100 days at a time are included in the scope of the law, and rentals for more than 100 days are excluded from the scope.
Permit Certificate
It is mandatory to obtain a permit to rent residences for tourism purposes. Carrying out activities without a permit may result in the imposition of the sanctions listed in our following headings.
Permits are issued by the Ministry of Culture and Tourism or the Governorships. Permit applications shall be finalized withint 3 months.
For the permit document, it is mandatory to submit the decision taken unanimously by all property owners of the building where the residence is located. If the relevant house is located in a compound/site, only the approval of the property owners in the building where the residence is located is sufficient, and approval is not required from the property owners in the entire compound/site. In addition, the permit document shall be shared with the compound/site management in settlements in the form of compound/site.
In the buildings consisting of more than 3 (three) independent sections, a permit is issued for the same residence owner for a maximum of 25%, and if there are more than 5 independent sections in the same building, additional conditions are required.
The plaque to be determined by the Ministry of Culture and Tourism shall be hung at the entrance of the relevant residence.
Persons Who Shall Receive Permit Certificate
The obligation to obtain a permit belongs to the renter. Renter, on the other hand, refers to the owner who owns the residence by having its ownership, the person who has usufruct rights on the residence, and the person who has the right of superficies. In this context, it shall not be possible for the tenant to carry out activities on a rented residence as principle. However, in accordance with the Travel Agencies and Association of Travel Agencies Law No. 1618, it can be made through (a) group licensed travel agencies.
Prohibited Transactions
It is prohibited to rent residences which are rented for tourism purposes from the licensed renters to third parties for tourism purposes by the user or by the tenant of the residences rented as residence his/her own name to rent third parties for tourism purposes.
Identity Notification Obligation
Persons who hold a permit for residence rental for tourism purposes are obliged to declare the identity of the users to whom they rent their residences, in accordance with the Identity Declaration Law No. 1774. In this context, persons who rent their residences for tourism purposes are obliged to identify the users and report their identification.
Administrative Sanctions
In case of unauthorized rental activities, some administrative sanctions are foreseen in the Law:
– 100.000-TL for each rental residence, renting the residences without a permit, for the renters,
– 500.000-TL for each rental residence, renting the residences without a permit, for the renters who continue to rent despite being given time for a permit,
– 100.000-TL for each rent agreement, renting the residences which he/she rented for tourism purposes,
– 100.000-TL for each rent agreement, renting the residences which he/she rented for own residence purposes,
– 100.000-TL for each rent agreement, renting the residences, which he/she act as intermediaries for rental process,
– 1.000.000-TL for those who continue their activities despite the second additional time given.
Effective Date
The effective date of the Law is stated as 01/01/2024. These provisions shall apply to all activities to be carried out after 01/01/2024, and all activities shall be carried out within this scope.
Our office provides all kinds of services to persons who would like to rent their residenes for tourism purposes, particullary obtaining the related permits, carrying out and finalizing the application processes.
Av. Mehmet Said SARIBAŞ
info@saribasakbaba.av.tr
