In recent weeks, the Regulation on Short Term Leases has been published and the Price Tag Regulation, the Regulation on the Qualifications of Tourism Facilities and the Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals have been amended in the commercial and trade sector.

Regulation Amending the Price Tag Regulation

On 19 December 2023, the Ministry of Trade published the Regulation Amending the Price Tag Regulation. In this regard, effective as of 1 January 2024, depending on the nature of the services and the manner in which they are offered to consumers, documents, plates, boards and similar items that show the tariffs and price lists shall be displayed in the workplace where the service is provided, in a manner that is easily visible to consumers. In workplaces where food and beverage services are provided (e.g.: restaurants, cafes, patisseries), the tariffs and price lists must be provided in front of the entrance door of the workplace and on tables.

The Regulation is available here (in Turkish).

Regulation on the Amendment of the Qualifications of Tourism Facilities Regulation

On 23 December 2023 and 18 January 2024, the Presidency published the Regulations on the Amendment of the Qualifications of Tourism Facilities Regulation.

The amendment dated 23 December 2023 is available here (in Turkish), and the amendment dated 18 January 2024 is available here (in Turkish).

The main amendments introduced by the Regulation are as follows:

  • The deadline for tourism facilities that operate with a tourism operation license — replacing the workplace opening and operating license — to obtain a letter of conformity from the relevant authority that the fire precautions are adequate and to submit the letter to the Ministry of Culture and Tourism has been extended to 30 April 2024.
  • In private swimming pools organized to serve a single accommodation unit in accommodation facilities, a buffet service or a bar area including a buffet service, a changing cabin, a shower, separate toilets for male and female customers, a lifeguard and a separate children's pool will not be required.
  • Except for those explicitly permitted due to the nature of the type of accommodation facility, the units of the accommodation facilities cannot be partially or completely constituted of mobile homes, regardless of whether or not the portability has been eliminated, and document requests for these facilities will be rejected.
  • Principles regarding the qualifications of mobile homes, which are defined as vehicles subject to the Highway Traffic Law that have an O2 class type approval certificate in accordance with the relevant legislation, designed to be towed by a motor vehicle, arranged in the form of an accommodation unit with a living area, bed and bathroomtoilet inside, are regulated.

Regulation Amending the Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals

On 23 December 2023, the Ministry of Environment, Urbanization and Climate Change published the Regulation Amending the Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals. The Regulation is available here (in Turkish).

The main amendments introduced by the Regulation are as follows:

  • If there is more than one registrant, issues related to the joint registration process, such as the lead registrant selection and cost sharing, will be determined within the framework of the procedures and principles to be published by the Ministry of Environment, Urbanization and Climate Change as a result of the studies to be carried out in cooperation with the Union of Chambers and Commodity Exchanges of Türkiye and other relevant institutions and organizations.
  • All potential registrants, downstream users, third parties or registrants that have submitted a registration application before 31 December 2030 will be eligible for Substance Information Exchange Forum (MBDF in Turkish) participation. The deadline for submitting a pre-MBDF to the ministry will be determined in accordance with the procedures and principles to be published by the ministry. In addition, each MBDF will continue to operate until 31 December 2032.
  • The registration deadline for substances manufactured or imported individually, in a preparation, or in an article in quantities of 100 tons or more per year has been postponed until 31 December 2028. The registration deadline for substances manufactured or imported individually, in a preparation, or in an article in an amount of 1 ton or more per year has been postponed until 31 December 2030, and the registration deadline for certain other items has been postponed until 31 December 2026.

Regulation on Short Term Leases

On 28 December 2023, the Ministry of Culture and Tourism published the Regulation on Short Term Leases. The Regulation entered into force on 1 January 2024. Previously, Law No. 7464 on the Renting of Residential Properties for Tourism Purposes and Amendment of Certain Laws (“Law”), which was enacted by the Grand National Assembly of Türkiye on 25 October 2023, regulated leasing residential properties for up to 100 days for tourism purposes. With the Regulation, important provisions were introduced regarding the application and other procedures for obtaining a permit, the qualifications of residences, the obligations of permit holders and auditing. The Law and the Regulation entered into force on 1 January 2024.

The Regulation is available here (in Turkish).

The main rules introduced by the Regulation are as follows:

  • Permit applications can be made via the e-Government (e-Devlet in Turkish) website. Applications must be accompanied by the following documents:
    • for real persons, a photocopy of their ID card; for foreign nationals, a photocopy of their passport with their foreign ID number or tax ID number, and a signature declaration if the signature is not on the ID card or passport,
    • for legal persons, the tax identification number, trade registry number or MERSIS number, if any; for authorized representatives, the application documents required for real persons,
    • the current title deed record showing the ownership rights and other real rights on the house and the building permit, if available,
    • if the residence is co-owned, the written statements of the owners who approve the application in a way to ensure the majority of shares and shareholders,
    • in the case of joint ownership, the written statement that joint owners have approved the application,
    • the written statement of the lessor who is authorized and responsible for the representation and binding of all owners before the ministry,
    • if the residence is located in a building containing more than one independent section or in a residential complex, a notarized copy of the decision taken unanimously by the property owners of all independent sections to carry out the activities in question in the relevant residence (This condition is not required for high-quality and self-contained residences.),
    • if the number of residences for which a permit is requested on behalf of the same lessor in the same building exceeds five, a workplace opening and operating permit as well as a notarized copy of the unanimous decision taken by all property owners in the residential complex if the building in question is located in a residential complex,
    • if the application is made by a proxy, a notarized power of attorney signed by the lessor or persons authorized to represent the lessor.
  • If it is determined that false documents have been submitted in the application, the application will be rejected. If the residence is certified, the certificate will be cancelled and a criminal complaint will be filed against those who submitted these documents in accordance with the Turkish Criminal Law.
  • The provincial directorates must finalize the procedures regarding the applications within 30 days. Applications for high-quality residences are finalized directly by the ministry. The residences are audited within 30 days as of the permit being issued.
  • If it is determined in the audit that the residence does not meet the qualifications for the issuance of a permit, an administrative fine of TRY 100,000 shall be imposed and a period of 15 days shall be given to comply. If the requirements are not met by the end of this period, the permit will be cancelled.
  • If it is determined during the audit that changes/corrections need to be made to the information required in the document, the permit will be updated by taking this information into account. A copy of the permit shall be sent to the ministry, the relevant local administration, the law enforcement officers responsible for the region in which the residence is located and the tax office directorate where the residence is located.
  • The same institutions and organizations will be informed if the permit is cancelled or if the application is rejected.
  • A permit cannot be issued for the purpose of renting out one or more rooms of a residence that is in use by the lessor for residential purposes and that does not have a permit. Therefore, to rent one or more rooms of the residence, there must first be a permit issued for the residence.
  • The plaque that must be hung at the entrance of the residence shall include (i) the phrase “residence for tourism purposes,” (ii) the date of the permit, (iii) the document number, (iv) the permit holder's contact number and (v) the address of the residence.
  • The residences for which a permit is applied must have at least one bed, a toilet/bathroom, a living area and a kitchen. There should be cold and hot water, pillows, sheets and towels. In addition, a smoke detector, fire extinguisher and sketches showing the location of the fire-escape stairs must also be available in the residence. The decorations, equipment and devices in the residence must comply with the standards and must be clean, well maintained and in working condition.
  • The capacity of the residence is calculated so that each bedroom can accommodate two persons. Except for the number of bedrooms, a maximum capacity of two persons is added to the capacity of the residence. Even if the number of rooms is higher, a maximum of 12 people can be accommodated in the same residence. The 12-person capacity limit does not include children under the age of three.
  • The rooms of a residence shall not be rented with a permit to different persons under separate agreements.
  • The promotion of residences shall include accurate information on consumer rights and shall not include promotions that may be misleading or that may damage the country's tourism industry.
  • A copy of the permit must be published in a legible manner in all media through which the residence is promoted and marketed, and the promotional activities must comply with the conditions set forth under the Regulation.
  • The qualities of the residences for which a permit has been issued must be maintained. To this end, it is stipulated that the residences will be audited at least every two years from the date on which the permit is issued. The personnel assigned by the relevant governorates will carry out the audits. If any violations are detected as a result of the audits, the penalties stipulated in the Law will be imposed.
  • The ministry can serve an online notification to intermediary service providers for the removal of the promotion and marketing content regarding non-permitted residences.

Conclusion

Significant legislative developments continue to be made in the commercial and trade sector. All stakeholders in the sector should carefully review the legislative developments and ensure compliance with the regulations.

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.