- November 17, 2023
- Posted by: ongun akay
- Category: General Advice
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31/10/2023
The link to Doc Martins files can be found at the end of this articlefree
LAW CHANGES REGARDING SHORT TERM RENTING.
[Thanks to Mustafa Arikok for the translation]
…..
Here is the new law for short term touristic rentals [also attached in Turkish in the pdf document below].
The law has now been finally approved by President Erdogan .
This text is the direct translation of the important parts of the law.
….
RENTAL OF RESIDENCES FOR TOURISM PURPOSES AND SOME LAWS
PROPOSAL OF LAW ON AMENDMENT
PART ONE
Purpose, Scope and Definitions
Purpose and scope
ARTICLE 1- (1) The purpose of this Law; To determine the procedures and principles regarding the rental of residences to real and legal persons for tourism purposes.
(2) This Law: covers the provisions regarding the general principles regarding the rental of residences for tourism purposes, the issuance of permits, administrative sanctions and the legislation to which residences rented for tourism purposes will be subject.
(3) Leases made for more than one hundred days at a time are outside the scope of this Law.
Definitions
ARTICLE 2- (1) In this Law;
a) Minister: Minister of Culture and Tourism.
b) Ministry: Ministry of Culture and Tourism.
c) Permit: A tourism rental permit issued to allow the lessor to rent his/her residence to real persons or legal entities for a maximum of one hundred days.
c) Permit holder: The person who rents the house in whose name a permit has been issued.
d) Residential: Any independent section that is registered as a residence in the land registry or has a residential floor easement on it.
e) Lessor: The real or legal person who owns the house or possesses the house by establishing usufruct or superficies.
f) User: Natural or legal persons who have made a rental agreement with the lessor for tourism purposes.
g) Rental for tourism purposes: Rental of residences to users for all purposes for a maximum of one hundred days.. ..[ Although not made clear, it’s thought to relate to each rental not the whole season/year. |DocM].
g) Governorship: It refers to the governorship of the province where the house rented for tourism purposes is located.
SECOND PART
Nature of the Permit Certificate and Administrative Sanctions to be Applied
Nature of the permit
ARTICLE 3- {1) In order to rent residences for tourism purposes. It is mandatory to obtain a permit before making a rental contract for tourism purposes. In addition, the plaque, whose qualifications are determined by the Ministry, is hung at the entrance of the house rented for tourism purposes.
(2) The Ministry is authorized to issue permits. The Ministry can also exercise this authority through the governorship. Document and plaque fees are determined by the Ministry.
(3) In permit applications, it is mandatory to submit the decision taken unanimously by all floor owners of the building where the independent section subject to the permit is located, stating that it is appropriate to carry out rental activities for tourism purposes. Contains more than one independent section
In residential sites consisting of buildings, the provisions of this paragraph are required for the building where the residence is rented for tourism purposes only, and a copy of the permit is submitted to the site management.
(4) In buildings consisting of more than three independent sections, a permit can be issued in the name of the same lessor for a maximum of twenty-five percent of the buildings. Document in the same building in the name of the same lessor
If the number of independent sections subject to the regulation exceeds five, the application must:
a) License to open a business and work.
b) If the building subject to the application is located in residential complexes consisting of buildings containing more than one independent section, in addition to the provision in the third paragraph, it is mandatory to submit the decision taken unanimously by all flat owners.
(5) The obligation to obtain the permit belongs to the lessor. If rental activities for tourism purposes are carried out other than the lessor, these rentals are exclusively in accordance with the Law on Travel Agencies and Association of Travel Agencies No. 1618 dated 14/9/1972.
It can be done through certified (A) group travel agencies.
(6) If the permit holder is a real person, if the heirs do not apply within three months from the date of death, or if the legal entity is a legal person, the permit certificate becomes invalid. However, users’ rights expire at the end of the contract period.
continues until
(7) The property rented from the permit holder may be not rented by the users to third parties in their own name and on their own account, or by the tenant of the house rented for the purpose of being used as a residence on their own behalf, for tourism purposes by their own name and account.
Renting to individuals is prohibited. However, it is outside the scope of this paragraph for user legal entities to let their own personnel use the housing they rent for tourism purposes.
The provisions of the Identity Declaration Law No. 1774 dated 26/06/1973 apply to residences for which rental permits are issued for tourism purposes. The holder of the permit is considered the responsible person regarding the notification obligation within the scope of Law No. 1774.
(9) The contract between the permit holder and the user expires at the end of the period specified in the contract.
Administrative sanctions to be applied
ARTICLE 4- (1) Administrative measures to be applied in case unauthorized rental activity is detected.
The sanctions are set out below:
a) Those who rent out houses for tourism purposes without a permit will be subject to an administrative fine of one hundred thousand Turkish liras for each house rented and will be given fifteen days to operate with a permit.
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