15/01/2024
Most of my clients were asking about Law of the rentals property less then 100 days subject.Here is the translation
THURSDAY, December 28, 2023
Official newspaper
Number: 32413
REGULATION
From the Ministry of Culture and Tourism:
RENTAL OF RESIDENCES FOR TOURISM PURPOSES
REGULATION REGARDING THE LAW
FIRST PART
Preliminary Provisions
Aim
ARTICLE 1- (1) The purpose of this Regulation is to regulate the procedures and principles regarding the rental of residences for tourism purposes for one hundred days or less than one hundred days at a time.
Scope
ARTICLE 2- (1) This Regulation; It covers the provisions regarding the rental of residences to local or foreign persons for tourism purposes for one hundred days or less than one hundred days at a time, the procedures to be applied in permit applications, the qualifications of the residences, the provisions that permit holders must comply with, and the mutual rights and obligations of the user and the permit holder.
Support
ARTICLE 3- (1) This Regulation has been prepared based on Article 6 of the Law No. 7464 on Renting of Residences for Tourism Purposes and Amendments to Certain Laws dated 25/10/2023.
Definitions
ARTICLE 4- (1) In this Regulation;
a) Minister: Minister of Culture and Tourism,
b) Ministry: Ministry of Culture and Tourism,
c) Provincial Directorate: Provincial culture and tourism directorate of the province where the house rented for tourism purposes is located,
ç) Permit document: Tourism rental permit issued to allow the lessor to rent his/her residence to real persons or legal entities for a period of one hundred days or less than one hundred days at a time,
d) Permit holder: The person who rents the house by issuing a permit in his name,
e) Law: Law No. 7464 dated 25/10/2023 on the Rental of Residences for Tourism Purposes and Amendments to Certain Laws,
f) Lessor: The real or legal person who owns the house or possesses the house by establishing usufruct or superficies,
g) Residential: Any independent section registered in the land registry for residential purposes or with a residential floor easement or condominium on it,
g) Housing enterprise: Management enterprise or marketing enterprise in the name of which documents can be issued in high quality housing,
h) User: Real or legal persons who have made a tourism rental agreement with the lessor,
i) Marketing enterprise: A commercial enterprise that has the authority to market all or part of the independent sections in a high-quality residence with the consent of the lessor and the management enterprise and has a travel agency operating license,
i) Rental for tourism purposes: Rental of residences to users for all purposes for one hundred days or less than one hundred days at a time,
j) Governorship: Governorship of the province where the house rented for tourism purposes is located,
k) Management enterprise: Commercial enterprise that provides or ensures the provision of services such as dry cleaning, laundry, transportation, food and shopping services, gym and swimming pool, in addition to reception, security and cleaning services, in a high quality residence, based on the authority given in the management plan,
l) High quality housing (residence): Satisfying at least housing conditions defined in the Planned Areas Zoning Regulation published in the Official Gazette dated 3/7/2017 and numbered 30113 and which can be built in the places specified in Article 19 of the same Regulation; Residential buildings containing more than one independent section where reception, security and daily cleaning service areas are located, where services such as health services, dry cleaning, laundry, transportation, food and shopping services, gym and swimming pool can be provide ,expresses.
SECOND PART
Permit Certificate Procedures
Application for permit
ARTICLE 5- (1) All applications for permits are made via e-Government. Physical applications that are within the scope of this article but not made via e-Government are returned to the applicant without being evaluated. For residences with superstructure rights or usufruct rights, the application is made by the rightful owner instead of the owner. A single application is made for residences located in the same building and for which a permit is requested in the name of the same person. If there are residences in the same building for which the applicant has previously received a permit, it is mandatory to provide information about this in the application.
(2) In applications for a permit, the following information and documents must be submitted:
a) If the lessor is a real person;
1) A photocopy of the Republic of Turkey identity card or identity card, if a foreign national, a photocopy of the passport and foreign identification number or tax identification number,
2) Signature declaration if there is no signature copy in the identity document or passport.
b) If the lessor is a legal entity;
1) Tax identification number and trade registry number or MERSİS number for legal entities registered in the trade registry,
2) Tax identification number for legal entities not registered in the trade registry,
3) One of the documents listed in paragraph (a) regarding the persons authorized to represent, with a copy of their signature.
c) A current title deed copy/record showing the property rights and other real rights on the residence, and a building registration certificate issued as residences for independent sections that do not contain residential floor easement or condominium ownership in the land registry.
ç) In case of joint ownership of the house;
1) In case of shared ownership, the documents specified in paragraphs (a) and (b) of the owners who approved the application in a way that ensures the majority of shares and stakeholders, and their written statements stating that they approved the application,
2) In case of joint ownership, the documents specified in paragraphs (a) and (b) of all owners and their written declarations that they approve the application,
3) Written declaration of all owners, stating the lessor who is authorized to represent and bind before the Ministry and responsible to the Ministry.
d) If the house is located in a building containing more than one independent section;
1) A notarized copy of the decision taken unanimously by the flat owners of all residential independent sections in the building where the independent section is located, stating that it is deemed appropriate to carry out rental activities for tourism purposes in the residence in question,
2) Business and working license if the number of residences for which a permit is requested in the same building in the name of the same lessor exceeds five; In case the building subject to the application is located in residential complexes consisting of buildings containing more than one independent section, a notarized copy of the decision taken unanimously by all flat owners.
e) In case the application is made by proxy, in addition to the documents listed in the above paragraphs, a copy of the power of attorney issued by a notary public signed by the lessor or the persons authorized to represent.
(3) In high quality housing applications, the following information and documents are submitted in addition to the documents listed in the second paragraph, except for clause (d) of the second paragraph:
a) Official document showing that the house is built in the places specified in Article 19 of the Planned Areas Zoning Regulation.
b) Management plan annotated in the land registry prepared within the scope of the Condominium Law No. 634 dated 23/6/1965.
c) If the application is made by the housing enterprise, the documents listed in subparagraph (b) of the second paragraph and the document showing the approval of the lessor.
d) If the application is made by the marketing company, a document showing the consent of the management company and the travel agency document.
(4) In applications made for high quality residences and detached houses, the unanimous decision in subparagraph (d) of the second paragraph and the twenty-five percent requirement in the fourth paragraph of Article 3 of the Law are not required. Separate documents can be issued for the management enterprise and one or more marketing enterprises in the same high-quality residence.
(5) The applicant accepts and declares that the documents submitted are authentic and reflect the truth, and that the information provided is correct. If it is determined that false documents have been submitted in the application, the application will be rejected, if the housing is documented, the certificate will be canceled and a criminal complaint will be filed against those who submit these documents in accordance with the Turkish Penal Code No. 5237 dated 26/9/2004.
(6) Procedure for Issuing a Building Registration Certificate for residences for which a building registration certificate has been issued in accordance with the temporary article 16 of the Zoning Law No. 3194 dated 3/5/1985, with the tenth paragraph of the same article and published in the Official Gazette dated 6/6/2018 and numbered 30443. and the provisions of the first paragraph of Article 9 of the Principles are reserved.
Permit document procedures
ARTICLE 6- (1) Application documents are examined by the provincial directorate, taking into account Article 3 of the Law; A permit is issued for residences whose documents are deemed appropriate. Applications submitted with incomplete or inappropriate documents will be rejected with justification given. Application procedures must be completed within thirty days.
(2) If the application is finalized by issuing a permit, the residences will be inspected within thirty days from the date the permit is issued.
(3) In accordance with subparagraph (ğ) of the second paragraph of Article 4 of the Law, an administrative fine is imposed on the permit holders of the residences that are found not to meet the minimum qualifications during the inspection, and fifteen days are given to correct the detected deficiencies. If it is determined that the deficiencies have not been corrected in the second inspection to be carried out at the end of this period, the permit will be canceled in accordance with subparagraph (d) of the first paragraph of Article 5 of the Law.
(4) In the first inspection, if it is determined that the house meets the minimum conditions, but the information that should be included in the document requires changes/corrections, the permit is updated taking this information into consideration.
(5) A copy of the issued permits is sent to the Ministry, the relevant local administration, the law enforcement officers responsible for the region where the residence is located, and the tax office directorate where the residence is located. In cases of cancellation of the permit or rejection of the application, the same institutions and organizations are informed.
(6) A permit cannot be issued for the purpose of leasing one or more rooms of the lessor's undocumented residence, which is used for residential purposes. If it is determined that the residences are subject to rental in this way, subparagraph (a) of the first paragraph of Article 4 of the Law shall apply.
(7) Application procedures for high quality residences and residences within the scope of temporary Article 1 are examined and finalized by the Ministry.
Information to be included in the permit
ARTICLE 7- (1) In the permit;
a) Name or trade name of the permit holder,
b) Address of the residence,
c) The date of the permit and the document number starting with the license plate code of the province where the residence is located,
ç) Maximum number of people that can stay in the house,
information is included.
Plaque arrangement
ARTICLE 8- (1) It is mandatory to hang the plaque prepared by the Ministry and marked with a cold stamp at the entrance of the house rented for tourism purposes.
(2) The plaque contains the following information:
a) The phrase "RESIDENCE FOR TOURISM PURPOSES" and information that the residence is subject to the inspection of the Ministry.
b) Date of the permit, document number starting with the license plate code of the province where the residence is located, and the contact number of the permit holder.c) Address of the residence.
THIRD PART
Qualifications of Housing and Obligations of the Permit Holder
Qualities to look for in housing
ARTICLE 9- (1) The residences applied for the permit must meet the following qualifications:
a) At least one bed, toilet-bathroom, living area and kitchen arrangement.
b) Cold and hot water in the residence, quality bedding in the bedrooms, one pillow, pillowcase, sheet per person, blanket or duvet according to climatic conditions, face and bath towel per person in the bathroom.
c) Chemical fire extinguishers and smoke detectors against fire in all sections with fixed separation except bathrooms and toilets, and a sketch showing the location of the escape stairs behind the doors.
d) The furnishing, decoration, equipment and devices used in the house must be in accordance with the standards, clean, well-maintained and in working condition.
d) Capacity of the house; Each bedroom is calculated to accommodate two people, and a maximum capacity of two people is added excluding the number of bedrooms. Even if the number of rooms that meet these conditions is higher, 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 admitted beyond the specified housing capacity. If the house is rented in violation of these conditions, an administrative fine is imposed on the permit holder in accordance with subparagraph (d) of the second paragraph of Article 4 of the Law.
(2) After the permit is issued, in addition to those specified in the first paragraph, the following qualifications must be met:
a) A copy of the residence's permit is published legibly in all media where the property is promoted and marketed. The following information must be included in these promotions:
1) Location of the house, person capacity, which floor it is located on, whether there is a balcony/terrace, number of bedrooms, lounge/living areas and bathrooms-toilets, information on the beds in the rooms for double or single, furnishing materials, cooking, food preparation. , cold storage, hot/cold beverage preparation, service materials, equipment such as laundry, dishwasher, television, hair dryer, heating-cooling systems, sports units for personal or shared use, spa, swimming pool, whether there is a parking facility, whether the residence has Information such as accessibility regulations in access and within the residence, whether pets are allowed, whether wired/wireless internet is available, and information about other services offered.
2) Information regarding the rules taken by the site or apartment management.
3) Information about the time of receiving the house and evacuating it at the end of the period of use, and whether cleaning service is provided.
(3) In case of application for more than one residence in the same site, building or high-quality residence in the name of the same real or legal person, a single permit document is issued; However, a separate plaque is issued for each residence.
(4) In high-quality housing, if all residences are rented by the housing enterprise, a single permit and plaque is issued on behalf of the housing enterprise; Otherwise, the provisions of the third paragraph apply.
Obligations of the permit holder
ARTICLE 10- (1) The obligations of the permit holder are listed below:
a) To deliver the rented house to the user in a way that meets the qualifications specified in Article 9.
b) At a minimum, to regularly clean and maintain the house at every change of user, to fight against pests regularly and to keep relevant records.
c) To inform users about the rules taken by the site or building management in writing or online.
ç) 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 and the legislation put into effect based on these Laws.
d) To hang the plaque prepared by the Ministry at the entrance of the house.
(2) The rooms of a residence with a permit cannot be rented to different people by subjecting them to separate contracts. Action is taken against the permit holder of the residences that are determined to be rented in this way, in accordance with subparagraph (ğ) of the second paragraph of Article 4 of the Law.
CHAPTER FOUR
Miscellaneous and Final Provisions
Promotion and information
ARTICLE 11- (1) Accurate information regarding consumer rights is included in housing promotion; Promotions that may be misleading or harm the country's tourism cannot be made.
Inspection and sanctions to be applied
ARTICLE 12- (1) It is mandatory for the residences for which a permit is issued to maintain the qualities that are the basis for the issuance of the permit.
(2) Inspections of residences for which a permit is requested and residences with a permit are carried out by the provincial directorate personnel authorized by the governorship within the scope of the second paragraph of Article 6 of the Law, or by other personnel to be assigned by the governorship if there is not enough personnel. The recommendations stated in the reports to be prepared as a result of the audit are implemented by the governor's office.
(3) Regarding the issues that require administrative sanctions to be determined as a result of the inspections to be carried out in residences with permits, the relevant articles of the Law and this Regulation are applied by the governorship.
(4) Residences with permits are inspected at least every two years after the document is issued. Action is taken within the scope of the 4th or 5th articles of the Law regarding the residences that are determined not to maintain their minimum qualifications during the inspection.
(5) Inspections of high quality residences and residences within the scope of temporary Article 1 and, where necessary, administrative sanctions are carried out by the Ministry.
Archive
ARTICLE 13- (1) Files regarding residences with permits are kept in digital archives.
regulatory authority
ARTICLE 14- (1) The Ministry is authorized to resolve any hesitations that may arise in practice and any problems related to implementation, to determine principles and standards, to make the necessary arrangements to ensure uniformity of implementation, to request all kinds of information and documents in this regard, and to decide on matters not included in this Regulation.
(2) In order to ensure the effective implementation of subparagraph (e) of the first paragraph of Article 4 of the Law, the Ministry may forward the warning regarding the removal of promotional and marketing contents of residences that do not have a permit to intermediary service providers through online systems.
Existing houses with high quality housing features
PROVISIONAL ARTICLE 1- (1) Before 1/1/2024; According to the management plan shown in the (Declarations) section of the condominium registry in accordance with Article 28 of Law No. 634, reception, security and daily cleaning service spaces, dry cleaning, laundry, food and shopping services, gym with equipment, which are currently subject to short-term rental for tourism purposes. The provisions of this Regulation regarding high quality residences are applied to residences where all swimming pool and swimming pool services are provided, without the requirement that they be built in the places specified in Article 19 of the Planned Areas Zoning Regulation.
Force
ARTICLE 15- (1) This Regulation shall enter into force on 1/1/2024.
Executive
ARTICLE 16- (1) The provisions of this Regulation shall be enforced by the Minister of Culture and Tourism.
