Law numbered 7464 on Leasing of Residential Properties for Tourism Purposes and Amendment to Certain Laws (the “Law”) was published in the Official Gazette numbered 32357 and dated 2 November 2023.

The Law, also known as the "Airbnb Law", includes provisions on (i) the general principles regarding leasing of residential properties to real and legal persons for tourism purposes, (ii) the issuance of licences, (iii) the application of administrative sanctions, and (iv) the legislation to be applicable to residences rented for tourism purposes. Leases for more than one hundred days at a time are excluded from the scope of the Law.

The provisions of the Law regarding leasing of residences for tourism purposes will enter into force on 1 January 2024.

New Provisions

• The document to be issued to allow the lessor to rent the residence to real or legal persons for a maximum period of one hundred days is defined as "permission certificate".
• It is obligatory to obtain a permission certificate before concluding a tourism rental agreement in order to rent the residences for tourism purposes.
• A sign, the qualifications of which will be determined by the Ministry of Culture and Tourism (the "Ministry"), will be present at the entrance of the residence leased for tourism purposes.
• The requirements of obtaining a permission certificate and placing a sign at the entrance of the residence leased for tourism purposes are explained in the justification of the Law to ensure that the residences rented for tourism purposes can be documented and registered, and to prevent unregistered earnings by the Ministry.
• The Ministry is authorised to issue permission certificates, and the fees for permission certificates and signs will be determined by the Ministry.

Permission Certificate Application

• During the application for the permission certificate, it is required to submit the decision taken unanimously by all condominium owners of the building where the independent section subject to the permission certificate is located.
• In terms of residential complexes with more than one independent section, only the unanimous decision taken by the floor owners in the building where the residence to be leased for tourism purposes is located will be required to be submitted, and the consent of the condominium owners in other buildings within the residential complex will not be required.
• The obligation to obtain a permission certificate is the responsibility of the lessor.
• In case the leasing activity for tourism purposes is protected, these rentals can be renewed exclusively with (A) group travel agencies certified to comply with the Travel Agencies and Association of Travel Agencies Law No. 1618 dated 14/9/1972.
• It is prohibited for the lessors to lease the residence rented from the permission certificate holder to third parties, or for the lessor of the residence rented to be used as a residence on his/her own behalf to third parties for tourism purposes.

Administrative Sanctions

• An administrative fine of 100,000 Turkish Liras will be imposed for each residence leased without a permission certificate, and a period of fifteen days will be given to obtain a permission certificate.
• An administrative fine of 500,000 Turkish Liras will be imposed for each residence continued to be leased without obtaining a permission certificate at the end of the given fifteen-day period, and another fifteen-day period will be granted for them to obtain a permission certificate.
• An administrative fine of 1,000,000 Turkish Liras will be imposed for each residence continued to be leased without a permission certificate despite the fifteen-day period granted twice.
• Different administrative fines will also be imposed in cases such as (i) non-submission or incomplete submission of the information and documents requested by the Ministry; (ii) change of the landlord through a legal transaction other than inheritance and not notifying the land registry of such change on time; (iii) non-submission of the document regarding the payment of the tourism contribution within the time period determined by the Ministry; (iv) misleading promotion of the residence leased for tourism purposes, allocating the residence to the lessees for a shorter period than the period specified in the contract; (v) not delivering the residence to the lessees in accordance with the contract; or (v) not placing the sign at the entrance of the residence.

Responsibilities of the Service Providers

• An administrative fine of 100,000 Turkish Liras will be imposed for each contract and on those who lease or mediate the leasing of the residence within the scope of the Law to the third parties.
• E-commerce websites and platforms mediating the leasing of residences are only authorized to mediate the leasing of residences that have a permission certificate, and are also under the obligation to remove the promotions of residences that do not have a permission certificate from publication.
• Service providers that enable electronic commerce and promotion of activities falling within the scope of the Law and do not remove the content within twenty-four hours despite the notice issued by the Ministry will be subject to an administrative fine of 100,000 Turkish Liras for each residence.

Applicable Law

• Pursuant to Article 25/1 of the Private International Law numbered 5718, contracts related to immovable property or their utilization are governed by the law of the country where the immovable property is located, and the right to determine the applicable law is not recognized in respect of contracts related to immovable property.
• Since rental agreements are also contracts related to the utilization of immovable property, Turkish law shall apply to disputes related to residences rented by foreigners in Turkey.

Previous Tourism Leases

• It is compulsory to apply to the Ministry to obtain a permission certificate within one month as of 1 January 2024 by those who have already been engaged in tourism leasing activities as of 1 January 2024.
• Those who fail to comply with this obligation will be subject to administrative fines.
• The procedures for the issuance of a permission certificate will be concluded within three months from the date of application.
• Those whose applications are not accepted will not be able to operate, and the rights of the lessees of the residences within this scope remain until the end of the contract period.