The new Airbnb Law is a law regulating short-term home rentals in Turkey. With this law, it has become mandatory for landlords to meet certain conditions and obtain a permit document in order to rent their homes for a short term. The purpose of these new regulations is to regulate the tourism sector and take measures against the informal economy. On December 28, 2023, the “Regulation on the Rental of Residences for Tourism Purposes”, which covers housing rentals for six days out of 100 under the direction of the Ministry of Tourism and Culture, was published in the Official Gazette. Together with this regulation, it is mandatory for everyone who wants to make daily and short-term rentals to fulfill the requirements contained in the regulation. If you are renting through applications such as Airbnb, you need to apply for a permit.
Airbnb; in other words, it is a platform that offers home rental services defined as Air Bed & Breakfast. Homeowners can also rent their homes on this platform, which allows people to find a place to stay for a short period of time. This platform was founded by Brian Chesky, Joe Gebbia and Nathan Blecharczyk in 2008 through a website. In other words, it is a computer application that allows people to find a place to stay while traveling all over the world.
The use of Airbnb is a process that starts with the host taking photos of the house and creating ads to rent first. The tenant prefers the houses that are suitable for him by logging in through the site and can make reservations. If the landlord also accepts the tenant, the transactions begin, but if he does not accept, the right not to rent belongs to the landlord. So if the landlord does not approve the tenant, the money stays on Airbnb. If he approves, he transmits the address and contact information to the tenant. The landlord and tenant can meet to complete this transaction, or they can complete it without meeting. Then, both the landlord and the tenant can contribute to ensuring reliability on the site by scoring.
How to Get an Airbnb Permit? Who Gives the Permission Certificate?
For a rental permit for tourism purposes with a full name, landlords must meet certain conditions. Homeowners who will apply are required to provide the following requirements:
Having the consent of all property owners in the building,
If the residence to be rented is within the site, obtaining the approval of the owners in the building where the apartment to be rented is located,
If the house to be rented is detached, approval of neighboring houses is not required,
Independent sections registered in the name of the lessor should not be more than 25% of the total independent sections in the building,
in case of more than 5 apartments, opening a workplace and obtaining a work license,
Paying the permit certificate and plaque fees determined by the Ministry,
Homeowners must be taxpayers and pay taxes regularly.
If there are more than three independent sections in the building, a permit document is issued on behalf of the same lessor for a maximum of 25% in this building. For example, in a building with 12 apartments, a permit document can be issued for up to 3 independent departments on behalf of one person. In addition to the percentage limitation, a numerical limitation has been introduced. Accordingly, regardless of the number of independent sections of the building, if a permit is requested for more than 5 independent sections, it has been made mandatory to have a workplace opening and working license.
Tourism Residence Certificate
According to the new Airbnb Law, all rentals up to a maximum rental period of 100 days are considered as short-term rentals. In order for people to rent their houses for a short period of time, they must obtain a tourism residence certificate. If there is no such document, it is not possible to make a rental under airbnb. Tourism residence; Entered into our law within the scope of the Regulation on the Rental of Residences for Tourism Purposes on 28.12.2023.
The certificate of tourism residence is issued by the Ministry of Culture and Tourism. In order to apply for this document, homeowners must either do it via E-government or submit a physical application. If this document is to be obtained for a house in a building, the unanimous consent of the owners in the building is required. In addition, if there is a house located on the site, the owners of the building where the house is located on the site must unanimously approve. Applications are made to the Ministry of Culture and Tourism after these approvals are received. However, an application can be made by the person named in the deed. If the property is a detached house or a villa, an application can be made directly to the Ministry without the need for neighbors’ approval.