The Ministry of Culture and Tourism proposed a new draft law to the Turkish Grand National Assembly on 25.10.2023, shedding light on the regulations surrounding short-term rental houses in Turkey. Once this bill is enacted, homeowners wishing to rent their properties through the Airbnb Turkey platform will be required to obtain a tourism residence certificate approved by the Ministry of Tourism. Known as “The New Airbnb Law,” this legislation introduces significant changes to tax regulations as well.
According to the new Airbnb bill, any rental periods of less than 100 days fall under the category of short-term rentals, necessitating the acquisition of a tourism residence
certificate. However, rentals exceeding 100 days at a time are not subject to the provisions of this draft law.
The requirements for obtaining a tourism residence certificate include specific conditions for homeowners, depending on the type of property and the nature of the housing complex. In buildings and housing estates, unanimous approval from all title deed holders or owners is mandatory. Homeowners of detached houses and villas can directly apply to the Ministry of Culture and Tourism without the need for neighboring title deed owners’ approval.
Furthermore, homeowners must work exclusively with companies possessing a Group A tourism certificate from the Association of Turkish Travel Agencies (TÜRSAB) to avoid facing severe penalties. The Law on the Leasing of Residential Properties for Tourism Purposes, proposed on 25.10.2023 and published on 02.11.2023 in the Official Gazette, applies particularly to residential rentals through platforms such as Airbnb, excluding rentals exceeding 100 days.
As per the new regulations, lessors engaged in tourism leasing activities must acquire an authorization certificate and display a plaque at the residence’s entrance, as prepared by the Ministry. Additionally, the lessor is responsible for obtaining the necessary permit, and the approval of all other floor owners is mandatory for rental activities in residential areas.
High-quality housing complexes meeting specific criteria outlined in the management plan may qualify for permits without meeting additional requirements. A transitional arrangement is in place until 1st January 2024, allowing a three-month grace period for those currently engaged in tourism leasing activities.
To ensure compliance, fines of TRY 100,000 will be imposed on homeowners leasing their residences for tourism purposes without the requisite permit. Intermediary service providers allowing such rentals without a permit will face administrative fines starting from TRY 100,000 per dwelling.
What are the Requirements for Obtaining a Tourism Residence Certificate?
- In buildings; unanimous approval of all title deed holders in the building
- In housing estates; again, only with the unanimous approval of the owners in the building where the apartment to be rented is located
- Application of the title deed holder to the Ministry of Culture and Tourism (only the title deed holder can make the application)
- For detached house and villa title deed owners; direct application to the Ministry of Culture and Tourism without the need for the approval of neighboring title deed owners
These new regulations aim to create a more organized and accountable short-term rental market, promoting transparency and quality standards in the tourism industry in Turkey. It is crucial for homeowners and intermediaries to adhere to these rules to avoid penalties and ensure a fair and regulated environment for both landlords and tenants.
