The new Airbnb Law is a law regulating short-term home rentals in Turkey. With this law, it has become mandatory for homeowners to fulfill certain conditions and obtain a permit to rent out their homes for short-term rentals. The aim 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 Renting of Houses for Tourism Purposes” was published in the Official Gazette under the management of the Ministry of Tourism and Culture, covering residential rentals under 100 days. With this regulation, it is mandatory for everyone who wants to rent daily and short-term rentals to fulfill the requirements of the regulation. If you are renting through applications such as Airbnb, you need to apply for a permit.
Airbnb; i.e. Air Bed & Breakfast is a platform that offers home rental services. On this platform, which allows people to find a place to stay for a short time, homeowners can also rent out their homes. Brian Chesky, Joe Gebbia and Nathan Blecharczyk founded this platform on a website in 2008. 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 landlord taking photos of the house for rent and creating an advertisement. The tenant logs in through the site and chooses the houses that are suitable for him and can make a reservation. If the landlord accepts the tenant, the process starts, but if not, the landlord has the right not to rent. In other words, if the landlord does not approve the tenant, the money remains with Airbnb. If he/she approves, he/she gives the address and contact information to the tenant. The host and the tenant can meet or they can complete this exchange without meeting. Then, both the host and the tenant can contribute to the reliability of the site by scoring.
How to Get Airbnb Permission Certificate? Who Gives the Permit?
Hosts must fulfill certain conditions for the full name Tourism rental permit. Homeowners who will apply must meet the following requirements:
The consent of all property owners in the building,
If the housing 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 housing to be rented is detached, the approval of the neighboring houses is not sought,
The independent sections registered in the name of the lessor are not more than 25% of the total independent sections in the building,
In case of more than 5 apartments, obtaining a license to open and operate a workplace,
Payment of Permit and plaque fees determined by the Ministry,
Landlords must be taxpayers and make tax payments regularly.
If there are more than three independent sections in the building, a permit is issued in the name of the same lessor for a maximum of 25% in this building. For example, in a building with 12 apartments, a permit can be issued for a maximum of 3 independent sections 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, it has become mandatory to have a workplace opening and working license in case of requesting a permit for more than 5 independent sections.
Tourism Residence Certificate
According to the new Airbnb Law, all rentals up to a maximum of 100 days are considered as short-term rentals. In order for people to rent their homes for a short period of time, they must obtain a tourism residence certificate. Without this document, renting cannot be done within the scope of airbnb. Tourism residence was introduced to our law on 28.12.2023 within the scope of the Regulation on the Rental of Houses for Tourism Purposes.
The tourism residence certificate is issued by the Ministry of Culture and Tourism. To apply for this certificate, homeowners must either apply via E-government or make a physical application. If this certificate is to be obtained for a house in a building, the unanimity of the owners in the building is required. Apart from this, if it is a house located on the site, the owners in the building where the house is located within the site must give unanimous approval. Applications are made to the Ministry of Culture and Tourism after these approvals are obtained. However, the application can be made by the person named in the title deed. If the house is detached or a villa, the application can be made directly to the Ministry without the approval of the neighbors.