In recent years, short-term residential rentals have increased significantly, particularly with the widespread use of digital platforms. Renting out residences on a daily or weekly basis through various online platforms, especially platforms such as Airbnb, has become a common practice both in Türkiye and worldwide. However, this practice has also brought about various legal and security concerns.
In response to these developments, the Law on the Rental of Residences for Tourism Purposes was enacted in Türkiye to regulate short-term residential rentals. This regulation introduced important rules regarding the rental of residences for tourism purposes and made such activities subject to specific conditions.
What Is Short-Term Rental?
Under the new regulation, renting out a residence for less than 100 days is considered a rental for tourism purposes.
Within this scope:
- daily rentals
- weekly rentals
- stays lasting several weeks
are considered tourism-purpose rentals and are subject to the provisions of the relevant law.
Therefore, homeowners who intend to rent out their residences on a short-term basis should carefully review the obligations introduced by the new regulations before engaging in such activities.
Permit Requirement for Tourism-Purpose Rentals
One of the most important aspects of the new regulation is the requirement to obtain a permit.
Accordingly, individuals who wish to rent out their residences for tourism purposes must first obtain a permit from the Ministry of Culture and Tourism. Short-term rentals carried out without obtaining such a permit are considered unlawful.
In order to obtain a permit, the following conditions must generally be met:
- The residence must meet the required safety and usability standards
- The applicant must have the authority to dispose of the residence
- Compliance with apartment or site management rules
- Submission of the required information and documents to the relevant authority
If the permit is granted, a tourism rental plaque is issued for the residence, and this plaque must be displayed in a visible location at the entrance of the property.
Unanimous Consent Requirement in Apartment Buildings
Another important provision of the regulation concerns the approval of apartment owners.
In most cases, in order for an apartment unit to be rented out for tourism purposes, unanimous consent of all condominium owners in the building is required. The purpose of this regulation is to protect the safety and peace of the residents of the building.
In short-term rentals, different individuals may frequently stay in the residence, which may lead to security or order-related issues in some apartment buildings. Therefore, the legislator introduced the unanimity requirement in order to protect the rights of apartment residents.
However, in certain exceptional situations, this requirement may be applied differently. In particular, different rules may apply in buildings consisting of multiple independent units or in structures used as tourism facilities.
Administrative Fines and Sanctions
The new regulation not only introduced a permit system but also provides serious administrative sanctions for individuals who violate the rules.
Individuals who rent out their residences on a short-term basis without obtaining the required permit may be subject to substantial administrative fines. Furthermore, if the rental activity continues despite the violation, the penalties may increase progressively.
Possible sanctions include:
- administrative fines for renting without a permit
- additional fines if the rental activity continues
- removal of advertisements and suspension of the rental activity
- notifications directed to digital platforms
For this reason, it is extremely important for homeowners to fulfill their legal obligations before engaging in short-term rental activities.
Rentals Through Digital Platforms
A large portion of short-term rentals are carried out through online platforms. Therefore, the regulation concerns not only homeowners but also the platforms acting as intermediaries.
In particular, in listings posted on platforms such as Airbnb, the permit number obtained for the relevant residence must be clearly indicated. Publishing listings for residences that do not have a permit may also result in various sanctions.
The purpose of this regulation is to prevent unregistered rental activities and to ensure that the tourism sector operates in a more organized manner.
Tax Obligations
Short-term residential rentals have important consequences not only in terms of tourism legislation but also in terms of tax law.
Income obtained from renting out a residence for tourism purposes may, under certain conditions, be considered taxable income. Therefore, it is necessary to properly declare the rental income obtained and fulfill the relevant tax obligations.
Otherwise, both tax penalties and other administrative sanctions may arise.
Conclusion and Evaluation
Short-term rental of residences has become a highly common activity, especially in large cities and touristic regions. However, this activity has been significantly regulated through new legal arrangements.
Under the provisions introduced by the Law on the Rental of Residences for Tourism Purposes, the following issues are of great importance:
- obtaining the required permit
- obtaining the approval of apartment owners
- indicating the permit number in listings
- fulfilling tax obligations
Therefore, homeowners who plan to rent out their residences on a daily or short-term basis are advised to carefully examine the relevant legislation and, where necessary, seek legal advice before commencing such activities. In this way, it will be possible both to avoid administrative sanctions and to ensure that rental activities are carried out in compliance with the law.