Regulation on the Rental of Residences for Tourism Purposes Published: What will those renting their homes on Airbnb do?

The Regulation on the Rental of Residences for Tourism Purposes has been published in the Official Gazette and has come into effect. The regulation includes procedures for obtaining a permit, criteria/standards for residences, and obligations of the permit holder. Additionally, the regulation emphasizes that “In high-quality residences, if all residences in high-quality residences are leased by the residence management, a single permit and plaque will be issued in the name of the residence management.”

Under Law No. 7464, which regulates the rental of residences for tourism purposes and makes amendments to certain laws, the regulation has been published in the Official Gazette.

Applications by individuals

According to the regulation, applications for renting residences for tourism purposes will be made through e-Government. In residences with superior rights or usufruct rights, the application will be made by the owner instead of the rightful owner. A single application will be made for residences owned by the same person in the same building. If the applicant has previously obtained a permit for residences in the same building, this information will be provided.

If the applicant is a ‘real person’ applying for a permit, they will declare a photocopy of their ID card, a photocopy of their passport (if foreign), or tax identification number and a signature sample.

If the applicant is a ‘legal entity’, the following documents must be submitted:

1) For legal entities registered in the trade registry, the tax identification number with the trade registry number or MERSIS number,

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

3) One of the documents listed in subparagraphs (a) and (b) regarding authorized persons with the authority to represent and commit the legal entity.

c) Current title deed or registration showing ownership rights and other real rights on the residence, and for independent sections without condominium ownership or condominium ownership, a structure registration certificate arranged as a residence.

If there is joint ownership of the residence;

1) In the case of joint ownership, the notarized copy of the decision made unanimously by the owners regarding approval for the application, along with written statements declaring their approval,

2) In the case of joint ownership, the notarized copy of the decision made unanimously by all owners, along with written statements declaring their approval,

3) A written statement from all owners indicating the person authorized to represent and commit in the Ministry and who is responsible for the lessor, stated in the Ministry.

d) In the case of a residence containing more than one independent section in a building;

1) A notarized copy of the decision made unanimously by the owners of all independent sections qualified as residences in the building where the independent section subject to the application is located, stating that renting out residences in that independent section is deemed appropriate,

2) In case the number of residences for which a permit is requested on behalf of the same lessor exceeds five, a business opening and operation license; in the case of a building that consists of multiple buildings with independent sections, in addition, a notarized copy of the decision made unanimously by all condominium owners.

e) In case the application is made by proxy, in addition to the documents mentioned in the above sub-items, a notarized power of attorney example signed by the lessor or persons authorized to represent.

(3) In applications for high-quality residences, in addition to the documents mentioned in the second paragraph, the following information and documents are submitted:

a) Official documents showing that the residence is built in places specified in Article 19 of the Planned Areas Zoning Regulation.

b) A management plan registered in the land registry prepared in accordance with Article 23 of the Condominium Law No. 634, which is annotated on the title deed.

c) In case the application is made by the residence management, a document showing the approval of the lessor with the documents specified in subparagraph (b) of the second paragraph.

d) In case the application is made by the marketing business, additionally, a document showing the consent of the management operation and a travel agency certificate.

(4) In applications made for high-quality residences and detached residences, the submission of the decision made unanimously in the second paragraph is not required, and the condition of twenty-five percent specified in the fourth paragraph of Article 3 of the Law does not apply. Separate documents can be issued for the management operation and one or more marketing businesses for the same high-quality residence.

(5) If the application is made by a real person, the applicant declares that the documents submitted are true and reflect the truth, and the information provided is correct. If it is determined that false documents have been submitted in the application, the application will be rejected, and if the residence has been certified, the certificate will be canceled, and a criminal complaint will be filed against those who submit these documents, in accordance with Turkish Penal Code No. 5237 dated September 26, 2004.

(6) In residences where a building registration certificate has been issued in accordance with Temporary Article 16 of the Zoning Law No. 3194 dated May 3, 1985, the provisions of the first paragraph of Article 9 of the Regulation on the Principles and Procedures for Granting Building Registration Certificate, published in the Official Gazette No. 30443 dated June 6, 2018, are reserved.

Applications will be concluded within 30 days

According to the regulation, the Ministry of Culture and Tourism is obliged to conclude permit applications within 30 days. Inspections will also be carried out within 30 days in residences where permits are issued. If residences are found not to meet the minimum qualifications (Source: TG)