The law titled "KONUTLARIN TURİZM AMAÇLI KİRALANMASINA VE BAZI KANUNLARDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN" (Law No. 7464, adopted on October 25, 2023) in Türkiye regulates the short-term rental of residential properties for tourism purposes.
This blog post describes and discusses the law's scope and requirements, as well as the Regulation implementing it. Following this description, I critically examine the law's implications and make some recommendations for data protection issues.
It establishes a comprehensive legal framework outlining the procedures and requirements for such rentals, including the requirement to obtain a permit for rentals of less than 100 days. The law addresses a variety of issues, including administrative penalties, permit characteristics, and the conditions under which these rentals can take place, ensuring a controlled and regulated environment for short-term tourism-based rentals in residential properties.
The purpose of the law
Article 1 defines the law's aim to establish procedures and principles for renting residences for tourism. It covers general principles, permit issuance, administrative sanctions, and relevant legislation, excluding rentals over 100 days. Article 2 provides definitions for key terms like Minister, Ministry, permit, permit holder, renter, residence, user, and tourism-based rental.
Nature and requirements of tourism-based rental permit
The characteristics and prerequisites of the tourism-based rental permit are covered in Article 3 of the law. It stipulates that a plaque, chosen by the Ministry, has to be put up at the front door of the rented property and that a permit must be obtained before engaging in tourism-based rental activities. The Ministry sets the fees for the permit and plaque and is in charge of issuing permits, either directly or through governorships. The same article also establishes a cap on the number of properties a single owner may rent out for tourism and describes the conditions for permit applications, which include unanimous consent from all property owners in multi-unit buildings. It also outlines the obligations of the permit holder in a number of situations, such as ownership transfers and circumstances in which the permit is revoked. Additionally, under the Identity Reporting Law, properties with a tourism rental permit are required to report certain information, and the article forbids users from subletting. Last but not least, it stipulates that contracts between permit holders and users terminate at the conclusion of the agreed-upon period and offers exclusive rights to upscale homes with a variety of amenities, enabling them to apply for permits even in the absence of some common requirements.
Administrative sanctions
The law's Article 4 outlines specific administrative penalties for a range of infractions related to rentals for tourism. Subletting, renting a property without a permit, and making false advertising representations are all punishable by steep fines. These fines are assessed for each infraction and increase for subsequent infractions. Penalties for violating the permit regulations, such as not putting up the necessary plaque, are also covered in the article.
Article 5 describes the conditions under which a permit for tourism-based rental can be cancelled. These include: a) Request for cancellation by the permit holder. b) Cessation of tourism-based rental activities, the use of the property in a manner contrary to public order, safety, and morals as reported by authorities. e) Non-rectification of violations identified under specific conditions of Article 4. The rights of users of properties with cancelled permits continue until the end of their contract.
Further implementation of the law by the "Regulation on Tourism Purpose Rental of Residences
Article 6 of the law grants the Ministry authority to oversee tourism-based rentals, and to make necessary adjustments for the law's implementation and uniform application. The "Regulation on Tourism Purpose Rental of Residences," issued by the Ministry of Culture and Tourism in Türkiye, sets out the procedures and principles for renting residences for tourism purposes for up to 100 days.
It covers permit applications, qualities of residences, obligations of permit holders, and mutual rights and responsibilities of users and permit holders. and defines key terms related to tourism-based rental. It stipulates that applications for permits must be made through e-Government, and outlines required documentation and conditions for permit issuance, including unanimous approval from property owners in multi-unit buildings. The regulation emphasizes maintaining the prescribed qualities of residences and mandates the display of a plaque. It also details the obligations of permit holders and procedures for inspection and enforcement of regulations. The regulation became effective on January 1, 2024, and is implemented by the Ministry of Culture and Tourism.
The application process for the permit
Article 5 of the regulation details the application process for the tourism-based rental permit. Applications must be submitted via e-Government; physical applications are not accepted. It requires various documents for the application, such as identity proofs for individual owners and legal documents for corporate owners. For properties with shared ownership, consensus or authorization from other owners is necessary. The article also specifies that for high-quality residences, additional documents are required. It emphasizes the authenticity of submitted documents, warning that false documentation can lead to application rejection, permit cancellation, and legal action.
Article 6 of the regulation outlines the procedures for processing permit applications. It mandates that applications be examined within 30 days and permits issued if the documentation is satisfactory. If deficiencies are identified during an inspection within 30 days of permit issuance, corrective actions must be taken within 15 days, failing which the permit may be canceled.
Article 7 details the information to be included on the permit, such as the permit holder's name or trade name, the address of the property, the date of the permit, and the maximum number of occupants allowed in the property. Article 8 requires a plaque, prepared and marked by the Ministry, to be displayed at the entrance of the rented property. This plaque must include specific details like the phrase "Tourism Purpose Residence," the permit date, and the permit holder's contact number.
Specific quality standards for tourism-based rentals
Article 9 of the regulation requires residences used for tourism-based rentals to meet specific quality standards including essential amenities like beds, bathroom facilities, living areas, and kitchens. It also mandates safety measures like fire extinguishers and smoke detectors, and stipulates that the decor and appliances must be well-maintained and functional. The capacity of the residence is limited to a specified number of occupants based on room number.
Obligations of the permit holder
Article 10 outlines the obligations of the permit holder, including providing the residence in a condition that meets the specified standards, maintaining cleanliness and pest control, and complying with legal requirements related to identity reporting and data protection. The permit holder must also display the Ministry-issued plaque at the property's entrance and adhere to specific rules regarding the rental of individual rooms.
Article 12 describes the inspection procedure and requires that homes with a tourism rental permit maintain certain basic characteristics. Inspections must produce regulatory compliance and are carried out by authorised officials. There are fines for non-compliance with the requirement for routine inspections. According to Article 13, all records pertaining to properties with permits must be preserved in digital archives for record-keeping and reference. Article 14 gives the Ministry the power to resolve doubts and discrepancies in the regulation's application, create guidelines and standards, and decide on issues not addressed by the regulation. Additionally, the Ministry has the authority to issue warnings regarding the removal of advertisements for properties that are not authorised.
Critical analysis of the law
A close examination of Law No. 7464 of Türkiye, which deals with short-term residential rentals for tourists, indicates a major change in the way these activities are treated—from being seen as a way for people to make extra money as an interest to more of a professional endeavour. Stricter regulations regarding permits, thorough documentation, and frequent inspections elevate the industry to a professional level, which may drive out occasional users who see rental activity as an additional source of income. Due to the professionalisation, which requires a level of dedication and compliance more akin to a business operation than a part-time endeavour, it may pose obstacles for those wishing to enter the market casually. Although the law seeks to control and guarantee quality in the vacation rental industry, it may unintentionally restrict the involvement of smaller, individual property owners who are unable to satisfy the stringent requirements of the regulations.
Data protection aspects of the law
Since permit holders are data controllers under this legislation, they must process personal data for identity reporting in accordance with the law. It's critical to be open and honest with your visitors about the information you collect, making sure you only get what you need and storing it safely. The most important steps are to promptly address any data breaches, train personnel in data handling, and update your data protection policies on a regular basis. To guarantee complete compliance with the Identity Reporting Law (1774) and the Personal Data Protection Law (6698), especially with regard to guests' consent and their rights over their data, the permit holders should also think about speaking with a legal expert.
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.
