Law No. 7464 on the Leasing of Houses For Tourism Purposes And Amendment To Certain Laws Has Been Published 02 November 2023

With the Law, the lessor is obliged to obtain an authorisation certificate before concluding a lease agreement for the rental of dwellings for tourism purposes. It is prohibited for the users to rent the dwelling rented from the holder of the authorisation certificate to third parties on their own behalf and account, or for the lessee to rent the dwelling rented for use as a residence on his/her own behalf to third parties for tourism purposes on his/her own behalf and account.

With the "Provisional Article 1" in the Law, it has been made obligatory for those who carry out rental activities for tourism purposes to apply to the Ministry to obtain a permit within one month as of 1.1.2024.

Article 4 of the Law regulates the administrative sanctions to be applied in case of detection of unauthorised rental activity. The main ones are as follows;

• In case of detection of leasing activity without a permit, the lessor shall be imposed an administrative fine of one hundred thousand Turkish Liras for each dwelling;

• In the event that the permit is not obtained within the given 15-day period, an administrative fine of five hundred thousand Turkish Liras. Those who act as an intermediary in the leasing activity for tourism purposes shall pay an administrative fine of one hundred thousand Turkish Liras for each contract.

• In case of continuation of unauthorised rental activities despite the imposition of these sanctions, an administrative fine of one million Turkish Liras

It is stipulated that the content that enables electronic commerce and promotion of unauthorised rental activities must be removed within 24 hours upon the warning to be issued by the Ministry, and if the content is not removed within this period, an administrative fine of one hundred thousand Turkish liras will be imposed on the relevant intermediary service providers for each residence.
 

Again, in paragraph 2 of Article 4, the cases where administrative fines will be imposed on the permit holders are listed. The main ones are as follows;

• Failure to submit the information and documents requested by the Ministry within thirty days, incomplete submission, misleading information or documents, an administrative fine of fifty thousand Turkish Liras

• In the event that the lessor changes by a legal transaction other than inheritance and this change is not notified within thirty days from the date of registration in the land registry, an administrative fine of fifty thousand Turkish liras

• An administrative fine of one hundred thousand Turkish liras in cases where the property rented for tourism purposes is introduced to the user in a misleading manner or the conditions promised are not provided or the property rented for tourism purposes is allocated to the user for a shorter period than the period specified in the contract

• An administrative fine of one hundred thousand Turkish liras will be imposed if the house rented for tourism purposes is not delivered to the user in accordance with the contract, and an administrative fine of two hundred thousand Turkish liras will be imposed if the payment received is not refunded within the fifteen-day period to be given.

• If the plaque issued by the Ministry is not hung at the entrance of the houses rented for tourism purposes, an administrative fine of one hundred thousand Turkish liras will be imposed, and if the plaque is not hung at the entrance of the house within fifteen days, an administrative fine of five hundred thousand Turkish liras will be imposed.
  
  If it is determined during the inspections to be carried out by the Ministry that the qualifications for the issuance of the permit are not present in the dwelling, an administrative fine of one hundred thousand Turkish Liras will be imposed and a period of fifteen days will be given to eliminate the contradictions, otherwise the permit will be cancelled.

It is stated that these articles shall enter into force on 1/1/2024.