Important Amendments Affecting Airbnb Operators in Türkiye

Summary

Law on Renting Houses for Tourism Purposes and Amending Certain Laws (“Regulation”) was published in the Official Gazette of the Republic of Türkiye numbered 32357 and dated November 2, 2023.

This regulation in Türkiye impact individuals involved in Airbnb-related activities, introducing significant changes affecting those conducting Airbnb businesses.

The provisions of the law regarding the rental of residences for tourism purposes are now in effect; these regulations came into force on January 1, 2024.

Analysis

The Regulation aims to establish the procedures and principles governing the rental of residences in Türkiye for tourism purposes by both individuals and legal entities. It encompasses the fundamental guidelines concerning the rental of residences for tourism, the issuance of licenses, and administrative penalties.

This Regulation does not apply to leases that extend beyond one hundred days at a time. According to Regulation Lessor is usufruct right or easement right is defined as a “natural or legal person who owns the dwelling or holds the dwelling in his/her possession by establishing a usufruct right or easement right.”

The lessor is required to obtain an "Activity License" issued by the Ministry of Culture and Tourism.

Additionally, it is mandatory to display a notice to this effect at the entrance of the residence rented for tourism purposes.

One of the most critical requirements for the application is obtaining unanimous permission for the tourism activity from all the owners of the building. In the case without unanimous permission, the lessor shall not run tourism activity.

The lessor is obliged to obtain a license. However, it may do so through authorized agencies.

Prohibitions and Penalties

It is forbidden for the users to rent the dwelling rented from the licence holder to third parties on their behalf and account, or for the lessee to rent the dwelling rented for use as a dwelling on their behalf and account to third parties for tourism purposes.

If operating without a permit, each rented dwelling will face an administrative fine of one hundred thousand Turkish Liras. Individuals engaged in such activities have fifteen days to obtain a permit certificate to continue their operations. Those persisting in tourism rental activities without a permit after this period will incur an administrative fine of five hundred thousand Turkish Liras. They will then be granted an additional fifteen days to acquire the necessary permit.

A separate fine of one hundred thousand Turkish Liras will be imposed for each contract by individuals renting out housing for tourism purposes acquired from a permit holder to third parties on their behalf.

An administrative fine of one hundred thousand Turkish Liras shall be imposed for each contract on those who rent out a dwelling for tourism purposes on their behalf.

Also, another administrative fine of one hundred thousand Turkish Liras shall be imposed for each contract on those who mediate the renting of dwellings for tourism purposes without an authorization certificate.

Within the scope of the article, an administrative fine of 100,000 Turkish Liras shall be imposed on intermediary service providers who do not remove the content within 24 hours despite the warning on platforms engaged in electronic commerce and promotion for residential properties.

In case of violation, it may be decided to remove the content and block access; for those who do not comply with this decision, an administrative fine of the same amount is imposed for each residence.

Individuals who think objection to the decision shall be apply to the Peace Criminal Judgeship.

The activity license may be revoked due to reasons such as the owner's request, the termination of the leasing activity, failure to apply within the necessary period for license transfer, non- compliance with obligations, misuse conflicting with public order, or uncorrected violations.

The user rights of the canceled residences will continue until the end of the contract term.

The provisions of the law regarding the rental of residences for tourism purposes are now in effect; these regulations came into force on January 1, 2024.