The law known as the "The Law on the Vacation Rentals and Amendments to Some Laws," regulating the rental of houses for tourism purposes, commonly referred to as the Airbnb Law in Turkey, was published in the Official Gazette in November 2023. To fill in the gaps in the law and regulate the details related to the subject, the "Regulation on the Activities for Vacation Rentals" was published in the Official Gazette on December 28, 2023, and came into effect on January 1, 2024. This regulation, which can be referred to as the Airbnb Regulation, encompasses various aspects of short-term rentals. In this article, we will examine the purpose of the Airbnb Regulation, permit applications, the obligations of permit holders, and other related matters.
Purpose of the Regulation
The Airbnb Regulation aims to regulate the procedures and principles for the tourism rental of houses for a single period of one hundred days or less.
Permit Applications
The Airbnb Regulation regulates the following procedures and principles for permit applications:
- All permit applications must be made through e-devlet. Physical applications falling within the scope of this article but not made through e-devlet are returned to the applicant without evaluation.
- In houses with superior or usufruct rights, the application is made by the right holder instead of the owner.
- For houses located in the same building and requested under the same person's name, a single application is made.
- If the applicant has previously obtained a permit for houses in the same building, information about this must be provided in the application.
Documents to be attached to the application
I. If the applicant is a natural person:
- Copy of Turkish Republic identity card or passport for foreigners, along with foreign identity number or tax identification number if applicable.
- In case the identity card or passport does not contain a
signature sample, a signed declaration of signature.
If the applicant is a legal person:
- For legal entities registered in the trade registry, tax identification number along with the trade registry number or MERSIS number.
- For legal entities not registered in the trade registry, tax
identification number.
- One of the documents listed in the natural person section
contains the signature samples for authorized persons to represent
and bind before the Ministry.
II. Current title deed excerpt/record showing ownership rights and other real rights on the house and a structure registration certificate arranged as a residence for independent sections without residential condominium or real estate ownership.In case of joint ownership of the house.
III. a. In case of joint ownership of the house;
- In case of shared ownership, the documents 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,
- In case of joint ownership, the documents for all owners and
their written statements stating that they approve the
application,
- Written declaration of all owners, stating the lessor who is
authorized to represent and bind before the Ministry and who is
responsible to the Ministry.
b. If the residence is located in a building containing more than one independent section;
- 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,
- If the number of residences for which a permit is requested in
the same building in the name of the same lessor exceeds five, a
business and working license; 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.
IV. 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.
V. In high quality housing applications, a notarized copy of the decision taken unanimously by the flat owners of all independent sections will not be required, but in addition to the above documents, the following information and documents must be submitted:
- Official document showing that the house is built in the places specified in Article 19 of the Planned Areas Zoning Regulation.
- Management plan annotated in the land registry prepared within
the scope of the Condominium Law No. 634 dated 23/6/1965.
- If the application is made by the housing company, the
documents listed in subparagraph (b) of the second paragraph and
the document showing the approval of the lessor.
- If the application is made by the marketing company, also a
document showing the consent of the management company and the
travel agency document.
V. In applications for high quality residences and detached houses, there is no requirement to submit a unanimous decision. In addition, the restriction of issuing a permit in the name of the same lessor for a maximum of twenty-five percent of buildings consisting of more than three independent sections does not exist for high-quality residences. Separate documents can be issued for the management enterprise and one or more marketing enterprises in the same high-quality residence.
VI. 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, and if the permit was given ,it will be canceled and a criminal complaint will be filed against those who submit these documents.
Airbnb Permits
- Application documents are examined by the provincial culture and tourism directorate of the province where the house rented for Airbnb purposes is located; 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.
- If the application is finalized by issuing a permit, the
residences will be inspected within thirty days from the date the
permit is issued.
- An administrative fine of 100,000 TL is imposed on permit
holders of 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 at
the end of this period, the permit will be cancelled.
- If, during the first inspection, it is determined that the
house meets the minimum requirements, but changes/corrections need
to be made in the information that should be included in the
document, the permit is updated considering this information.
- 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.
- A permit cannot be issued to lease one or more rooms of the
lessor's undocumented residence, which is used for residential
purposes. If it is determined that the residences are rented in
this way, a fine of 100,000 TL will be imposed.
- Applications related to high-quality housing and the following houses are examined and finalized by the Ministry:
- Houses that are already subject to short-term leasing for
tourism purposes according to the management plan shown in the
condominium ledger (Declarations) where reception, security, and
daily cleaning service areas, as well as dry cleaning, laundry,
meal and shopping service, equipped gym, and swimming pool
services, are fully provided.
Conditions for Issuing Airbnb Permit
The houses applied for an Airbnb permit must meet some qualifications including:
- At least one bed, toilet-bathroom, living area with kitchen arrangement.
- Cold and hot water in the house, qualified bed in the bedrooms, one pillow per person, pillowcase, bedsheet, quilt or duvet according to climate conditions, and one face and bath towel per person in the bathroom.
- Fire extinguishers in all sections with a fixed separation other than the bathroom-toilet, smoke detector against fire, and a map indicating the location of the escape stairs behind the doors.
- The capacity of the house is calculated by considering each
bedroom for two people, and the number of people is added up to two
in addition to the number of bedrooms.
- If the house is rented contrary to the required conditions, an administrative fine of 100,000 TL is imposed on the permit holder.
In any environment where the promotion and marketing of the residence are conducted, a readable sample of the residence permit must be published. The following information is mandatory in these promotions:
- Location of the residence, capacity of individuals, floor number, presence of balcony/terrace, number of bedrooms, living area, and bathroom-toilet, information on double and single beds in the rooms, furnishings, cooking, meal preparation, cold storage, hot/cold beverage preparation, service materials, laundry, dishwasher, television, hairdryer, and heating-cooling systems, personal or commonly used sports facilities, spa, swimming pool, parking availability, accessibility arrangements for access to the residence, and whether pets are accepted, information on the availability of wired/wireless internet, and information on other provided services.
- Information about the rules set by the site or apartment management.
- Information on the hours of receiving and vacating the residence and whether cleaning services are provided at the end of the usage period.
If multiple applications are made for more than one residence under the same individual or legal entity's name in the same site, building, or high-quality residence, a single permit and plaque are issued.
In high-quality residences, if all residences are leased by the housing operation, a single permit and plaque will be issued in the name of the housing operation.
Plaque Applications
The Ministry's prepared plaque marked with a cold stamp must be at the entrance of the house used for tourism purposes.
The following information must be included in the hanging plaque:
- The phrase "TOURISM PURPOSE HOUSE" and information that the house is subject to the Ministry's inspection.
- License date, document number starting with the license number of the province where the house is located, and the contact number of the permit holder.
- Address of the house.
Obligations of the Permit Holder
The regulation imposes certain obligations on the permit holder. Accordingly, the permit holder must fulfill the following conditions:
- Delivering the rented house to the user in a way that meets the specified qualifications.
- As a minimum, regularly cleaning and maintaining the house at each user change, combating pests regularly, and keeping records of this.
- Informing users in writing or online about the rules taken by the site or building management.
- Fulfilling obligations within the scope of the Identity Notification Law and the Personal Data Protection Law
- Hanging the plaque prepared by the Ministry at the entrance of the licensed house.
- The rooms of the licensed house cannot be subject to separate contracts for different individuals. An administrative fine of 100,000 TL is imposed on the permit holder for houses leased in this way, and a period of fifteen days is given to rectify the discrepancies.
- Providing accurate information regarding consumer rights in the promotion of the house; deceptive or potentially damaging representations to the country's tourism cannot be made.
Audits
Inspections related to the Airbnb law will be carried out by personnel authorized by the governorship through the provincial culture and tourism directorate, or other personnel assigned by the governorship in case of insufficient staff. The regulation requires inspections to be conducted at least once every two years.
Conclusion
The Airbnb regulation is issued for the implementation of the Airbnb Law in Turkey. The gaps in the law have been filled with this regulation, and the provisions to be applied have been concretized. When examining both the law and the regulation provisions, it is foreseen that serious fines starting from 100,000 TL may be imposed on those who rent out Airbnb without meeting the necessary conditions. In this process, it is necessary to take the right steps, consult with an Airbnb lawyer to avoid high administrative fines, and ensure the success of the investment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
