{"id":135334,"date":"2023-12-29T09:31:52","date_gmt":"2023-12-29T09:31:52","guid":{"rendered":"https:\/\/beta.paksoy.av.tr\/news\/law-on-residential-leasing-for-tourism-purposes-comes-into-force-on-1-january\/"},"modified":"2024-07-27T04:47:33","modified_gmt":"2024-07-27T04:47:33","slug":"law-on-residential-leasing-for-tourism-purposes-comes-into-force-on-1-january","status":"publish","type":"post","link":"https:\/\/paksoy.av.tr\/en\/2023\/12\/law-on-residential-leasing-for-tourism-purposes-comes-into-force-on-1-january\/","title":{"rendered":"Law on Residential Leasing for Tourism Purposes Comes into Force on 1 January"},"content":{"rendered":"

The procedures and principles regarding the lease of residences to real and legal persons for tourism purposes, which have been determined with the Law No. 7464 on Residential Leasing for Tourism Purposes and Amendments of Other Laws (the \u201cLaw<\/strong>\u201d) and its implementing regulation published on 28 December 2023, will enter into force on 1 January 2024. Detailed announcement regarding the regulation will be shared in the coming days.<\/p>\n

Rental for Tourism Purposes<\/strong><\/p>\n

Although the Law uses the term \u201crental of residences for tourism purposes\u201d, it has been defined and should be understood to cover rental of residences for all purposes for a maximum of 100 days. Therefore, leasing of residences for up to 100 days will fall within the scope of the Law.<\/p>\n

Certificate<\/strong><\/p>\n

The Law requires obtaining a certificate (the \u201cCertificate<\/strong>\u201d) from the Ministry of Culture and Tourism (the \u201cMinistry<\/strong>\u201d) prior to leasing.<\/p>\n

In order to obtain the Certificate, it is required to submit to the Ministry, a decision unanimously taken by all the condominium owners of the building in which the rental activity for tourism purposes will take place, that evidences all the freehold owners\u2019 consent to the lease. In residential compounds, it will be sufficient to obtain the consent of only the freehold owners of the building in which the relevant flat is located.<\/p>\n

One lessor can rent out more than one property in the same building provided that total rented places does not exceed more than 25 percent of the building. For example, in a building consisting of 40 flats in total, a lessor will only be able to obtain Certificate for to rent a maximum of 10 flats.<\/p>\n

High Quality Residences<\/strong><\/p>\n

In high quality residences, which is defined as buildings where certain services such as reception, security and daily cleaning are provided (the \u201cHigh Quality Residences<\/strong>\u201d) approvals of other condominium owners will not be a prerequisite for the Ministry to issue the Certificate, provided that the building management plan allows for short-term rental activity. Additionally, rental activities in the High Quality Residences can be carried out through a company operating the residence, rather than the freehold owner, which can obtain the Certificate under its own name.<\/p>\n

Sub-lease Prohibition and Its Exceptions<\/strong><\/p>\n

The Law does not allow for sub-lease of the rented property save for two exceptional situations:<\/p>\n

(i) High Quality Residences rented for tourism purposes through entities, and<\/p>\n

(ii) Use of the rented flats by the staff of the legal entities<\/p>\n

Sanctions Envisaged in the Law<\/strong><\/p>\n

The Law sets out in detail sanctions that can be imposed on both persons who are engaged in rental activities for tourism purposes based on or without a Certificate. In addition, sanctions also cover those who undertake intermediary services for rental of residences for tourism purposes and also providers of e-commerce and promotion of these activities on-line, as follows:<\/p>\n

Sanctions to be Imposed in Case of Unauthorized Rental Activity<\/strong><\/p>\n