Turkey: Airbnb Law Of Turkey Was Published In The Official Gazette

The Law on the Vacation Rentals and Amendments to Some Laws, commonly known as the "Airbnb Law," was published in the Official Gazette

The Law on the Vacation Rentals and Amendments to Some Laws, commonly known as the "Airbnb Law," was published in the Official Gazette on 02.11.2023. Under this regulation, rentals for less than 100 days are classified as vacation rentals. To engage in vacation rentals, permission must be obtained from the Ministry of Culture and Tourism, and a plaque must be displayed at the entrance of the residence. If the property to be rented is an apartment, the approval of other apartment owners is required for the issuance of the permit.

Administrative Penalties

For rentals of less than 100 days without obtaining the permit, the landlord must pay an administrative fine of 100,000 TL per residence rented and is obliged to obtain the permit within 15 days. If the permit is not obtained within this period, and the rental continues, a fine of 500,000 TL will be imposed, with another 15-day grace period. Failure to renew the permit and continued rental will result in a fine of 1,000,000 TL.

If the vacation tenant subleases the residence to a third party in addition both the tenant and the real estate agent or those acting as intermediary will be subject to a 100,000 TL administrative fine per contract. However, if legal entities are tenant, their staff members may use the rented residence.

Websites facilitating unlicensed rentals are required to remove listings within 24 hours upon the Ministry's warning; failure to do so will result in a 100,000 TL administrative fine imposed on them. Additionally, the law allows for content removal and/or access restrictions regarding the section or part of the violation.

Moreover, an administrative fine of one million Turkish liras has been established for those who rent out the same residence more than four times within a year with a contract duration exceeding one hundred days. It's worth noting that this provision applies to regular residence rentals too, as it doesn't specify it as vacation rentals.

Administrative Penalties for Permit Holders

Administrative penalties for permit holders in certain situations include:

• 50,000 Turkish lira administrative fine for failing to submit the requested information and documents within 30 days, providing incomplete or misleading information or documents.
• 50,000 Turkish lira administrative fine for not reporting a change of property ownership due to reasons other than inheritance within 30 days from the registration date in the land registry.
• 100,000 Turkish lira administrative fine for misleadingly promoting a residence used for vacation rentals in terms of its location, features, or physical characteristics through written material, advertisements, banners, brochures, social media, webpages, or similar means, or for failing to allocate the residence to the user for a shorter period than specified in the contract.
• 100,000 Turkish lira administrative fine for failing to deliver the residence used for vacation rentals by the contract; additionally, a fine of 200,000 Turkish lira if the payment received within 15 days is not refunded.
• 100,000 Turkish lira administrative fine for not displaying the plaque issued by the Ministry for vacation rentals at the entrance of the residence; a 500,000 Turkish lira fine is imposed if the deficiency is not corrected within 15 days.
• A 100,000 Turkish lira administrative fine is applied if, during an inspection, it is determined that the residence does not meet the essential criteria for permit issuance, and 15 days are granted to rectify any non-compliance.

Conditions for Permit Revocation

The permit may be revoked in the following circumstances:

• Upon the request of the permit holder for the permit's cancellation.
• If it is determined that the operation of vacation rentals has ceased.
• If, within the 30-day period for permit transfer after a change in property ownership other than inheritance, no application is made by the new landlord of the residence used for vacation rentals, or if the change of permit holder is not approved despite meeting the requirements.
• If the vacation rentals are used in a manner contrary to public order, public safety, and general morality and this is reported by competent public institutions and organizations.
• If, during an inspection, it is determined that the residence does not meet the essential criteria for permit issuance, and the non-compliance is not rectified within the given period.

Effective Date

These regulations will be effective as of 01.01.2024. Those engaged in vacation rental activities before this date must apply to the Ministry for permit issuance by 01.02.2024.

Frequently Asked Questions

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.