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Client Alert:

Recent Amendments to the Regulation on Renting Residential Properties for Tourism Purposes

Recent Amendments to the Regulation on Renting Residential Properties for Tourism Purposes

Significant new amendments have been introduced to the Regulation on Renting Residential Properties for Tourism Purposes ("Regulation") through the Official Gazette published on 26 July 2024. These amendments specifically address the short-term rental of residences with time-share rights for tourism purposes, further clarifying the conditions required to obtain the necessary permits for such rentals.

Key changes include the requirement that residences intended for short-term rentals under time-share agreements must qualify as ’high-quality residences’ as defined by the Regulation. Additionally, the permit for these rentals will now be issued in the name of a management company, which must be authorized by the owners association. This amendment aims to ensure a more structured and regulated approach to governing short-term rentals in time-shared residences.

The application for a short-term rental permit must now include: (a) the time-share agreement or the management agreement; (b) a copy of the zoning status certificate; and (c) a notarized copy of the resolution of the owners association authorizing the management company for the short-term rental of the residences for tourism purposes. .

Additionally, the Regulation now authorizes data sharing between public authorities, institutions, travel agencies, and intermediary service providers. This complements the existing mechanisms under Article 4(1) (e) of the Law on Rental of Residences for Tourism Purposes and Amending Certain Laws, which include administrative sanctions, removal of content, and restriction of access for non-permitted residences.

Overall, Regulation carries significant practical implications, particularly for platforms like Airbnb. Time-share property owners will now be required to coordinate with the authorized management company to list their properties for short-term rental, ensuring that all legal standards and permit requirements are strictly adhered to. Even though this might reduce flexibility on the short-term rental market, it will undoubtedly increase the overall quality and safety of the rental experience. Thus the amended Regulation not only enhances the quality and safety of tourism accommodations but also protects the collective interests of all owners within a time-share property. It is designed to bring greater transparency to the short-term rental market, aligning it with Türkiye’s broader tourism quality standards and legal compliance efforts. Hence highlighting Türkiye’s commitment to enhancing tourism-related rental activities, ensuring the protection of stakeholder interests in the tourism sector.

For further information or assistance regarding the implications of the Regulation, please do not hesitate to contact us.

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