Heavy obligations for daily rental houses in Türkiye

Here is the key points from the proposal...

100 days rental limit: Property owners can rent their homes for a maximum of 100 days per year. This limit is set to exclude those working in certain industries who typically have assignments lasting more than three months.

Permit and plaque for entry: To rent a property for tourism purposes, it will be mandatory to obtain a permit before entering into a tourism rental contract. Additionally, a plaque with specified qualifications determined by the Ministry of Culture and Tourism, will be displayed at the entrance of the property being rented for tourism purposes and the fees for the permit plaque will be determined by the Ministry.

Consent from building residents: In permit applications, it will be mandatory to present a decision unanimously adopted by all co-owners of the independent section of the building subject to the permit, indicating that the tourism rental activity is deemed appropriate. For housing complexes consisting of multiple independent sections, these provisions will only apply to the building where tourism rentals are conducted, and a copy of the permit will be submitted to the site management.

Obligation to open and operate businesses in spaces exceeding 25%: In buildings consisting of more than three independent sections, a permit can be issued in the name of the same lessor for a maximum of 25%. If the number of independent sections subject to permit issuance in the same building exceeds five, in addition to the provision in the third paragraph, a decision unanimously adopted by all co-owners of the building in question will be mandatory for applications.

Responsibility for obtaining the permit will belong to the lessor: If the tourism rental activity is conducted by someone other than the lessor, these rentals can only be made through (A)-group travel agencies certified under the Travel Agencies and Association of Travel Agencies Law No. 1618.

In the event that the permit holder is an individual, the permit will become invalid if the heirs do not apply within three months from the date of death, or if the legal entity ceases to exist. However, the rights of users will continue until the end of the contract period.

Identity disclosure and prohibition on renting to third parties: Renting out a property obtained from the permit holder to third parties, or renting a property leased for residential purposes for personal use for tourism purposes by the tenant, will be prohibited. However, allowing employees of legal entities to use properties rented for tourism purposes will be outside the scope of this paragraph.

The provisions of the Identification Reporting Law No. 1774 dated 26/6/1973 will apply to properties for which a tourism rental permit has been issued. The responsible person designated as the permit holder will be considered responsible for the notification obligation under Law No. 1774.

Third parties prohibited from rentig. However, the users can let their own personels to stay in the property that rent for tourism purposes.

Penalties and sanctions:

Those who rent out properties for tourism purposes without the required permit will face an administrative fine of one hundred thousand Turkish Liras for each property rented. These individuals will be given a fifteen-day grace period to obtain the necessary permit.

After the fifteen-day grace period, those who continue to engage in tourism rental activities without obtaining the permit will face an administrative fine of five hundred thousand Turkish Liras, and they will be given another fifteen-day period to obtain the permit.

For those who rent out a tourism-purpose property, obtained from the permit holder, to third parties under their own name and account, an administrative fine of one hundred thousand Turkish Liras will be imposed for each contract.

For those who rent out a property, leased for residential purposes, under their own name and account for tourism purposes, an administrative fine of one hundred thousand Turkish Liras will be imposed for each contract.

Those who mediate in the rental of properties for tourism purposes without the required permit for non-permitted properties will face an administrative fine of one hundred thousand Turkish Liras for each contract.

Service providers defined in the Electronic Commerce Regulation Law No. 6563 dated 23/10/2014, which enables the electronic trade and promotion of activities falling within the scope of this paragraph, will face an administrative fine of one hundred thousand Turkish Liras for each property.

Decisions will be made regarding the removal of content and/or blocking of access for the section or part where the violation occurred, and the decision will be sent to the Union of Access Providers for implementation. Additionally, if this decision is not complied with, an administrative fine of one hundred thousand Turkish Liras will be imposed for each property against service providers. An application can be made to the peace criminal judge against the decision to remove content and/or block access.

Despite the application of the provisions of paragraphs (a) and (b), those who continue to engage in tourism rental activities without the required permit will face an administrative fine of one million Turkish Liras.

For those who enter into rental contracts for more than one hundred days each time but rent out the same property more than four times within a year from the date of the first contract, an administrative fine of one million Turkish Liras will be imposed.

If the information and documents requested by the Ministry are not provided within thirty days by permit holders, if they are provided incompletely, or if misleading information or documents are provided, an administrative fine of fifty thousand Turkish Liras will be imposed.

If the document regarding the payment of the tourism fee under the Law on the Turkish Tourism Promotion and Development Agency is not submitted within the period determined by the Ministry, or if this document is not presented in the inspections, an administrative fine of fifty thousand Turkish Liras will be imposed.

In cases where a property rented for tourism purposes is misleadingly advertised or misrepresented in terms of its location, characteristics, and physical features through written materials, advertisements, banners, brochures, social media, websites, and similar means to users, or if the property is allocated to the user for a shorter period than specified in the contract, an administrative fine of one hundred thousand Turkish Liras will be imposed.

If a property rented for tourism purposes is not delivered to the user in accordance with the contract, an administrative fine of one hundred thousand Turkish Liras will be imposed.

If the payment received within the fifteen-day period is not refunded, an administrative fine of two hundred thousand Turkish Liras will be imposed.

If the plaque issued by the Ministry is not hung at the entrance of properties rented for tourism purposes, an administrative fine of one hundred thousand Turkish Liras will be imposed, and a fifteen-day grace period will be given for it to be hung. If the plaque is not hung within fifteen days, this fine will be five hundred thousand Turkish Liras.

If, during an inspection, it is determined that the property does not meet the essential qualifications for the issuance of a permit, an administrative fine of one hundred thousand Turkish Liras will be imposed, and a fifteen-day grace period will be given to rectify the non-compliance.