New Law Imposes Fines for Unauthorized Tourist Home Rentals – Latest Update
New Law Requires Permit for Short-Term Residential Rentals for Tourism Purposes
A new law has been published in the Official Gazette, stating that residential rentals for a period of less than 100 days will now be included in the category of “Housing Rental for Tourism Purposes”. Under this new law, individuals or companies renting out properties for tourism purposes must obtain a permit from the Ministry of Culture and Tourism before entering into any rental agreement.
The Ministry of Culture and Tourism has the authority to issue permits directly or through governorships. To ensure compliance with the law, the Ministry will determine specific qualifications that must be met by the rented residences, and plaques with these qualifications will be displayed at the entrances of the properties. The fees for obtaining the permit certificate and plaque will also be determined by the Ministry.
In the case of apartments located within a building, all flat owners within the same building must provide unanimous consent to the Ministry in order for the property to be eligible for a permit. This requirement ensures that all residents within the building are in agreement with the property being rented out for tourism purposes.
According to the new law, it is strictly prohibited to rent out a property, obtained through a permit, to third parties in their own name and on their own account. Likewise, renting out a property intended for residential use to third parties for tourism purposes is also forbidden. However, legal entities are permitted to allow their own personnel to use the properties rented for tourism purposes.
The new law imposes penalties for unauthorized rentals. Individuals who rent out properties for tourism purposes without obtaining a permit will be subject to an administrative fine of 100,000 Turkish Liras for each property rented. They will be given 15 days to apply for a permit and regularize their operations. If they fail to obtain a permit within this period, they will be subject to a higher fine of 500,000 Turkish Liras. Another 15-day period will be given to obtain a permit. If they continue to operate without a permit even after the second deadline, they will face an administrative fine of 1 million Turkish Liras.
Moreover, those who rent a property, obtained through a permit, to third parties in their own name and account, as well as those who rent out a property for tourism purposes in their own name and account, will also be subject to an administrative fine of 100,000 Turkish Liras for each agreement. Those who mediate the rental of properties for tourism purposes without a permit will also face an administrative fine.
The new law also holds platforms accountable for unauthorized rentals. Platforms that facilitate electronic commerce and promote properties rented without a permit will be required to remove the advertisements within 24 hours if they receive a warning from the Ministry. Failure to comply will result in an administrative fine of 100,000 Turkish Liras for each residence. This applies to intermediary service providers as defined in the Law No. 6563 on the Regulation of Electronic Commerce dated 23/10/2014.
This new law aims to regulate and control the short-term residential rental market for tourism purposes, ensuring compliance with legal requirements and providing a framework for fair and transparent practices.
