The Regulation Amending the Regulation on the Qualifications of Tourism Facilities (Turizm Tesislerinin Niteliklerine İlişkin Yönetmelikte Değişiklik Yapılmasına Dair Yönetmelik) (the “Amending Regulation”), published in the Official Gazette dated 31 August 2026 and numbered 33356, amended the Regulation on the Qualifications of Tourism Facilities (Turizm Tesislerinin Niteliklerine İlişkin Yönetmelik) (the “Regulation”), published in the Official Gazette dated 1 June 2019 and numbered 30791. The Amending Regulation introduces an exception, for certain facilities, to the prohibition on the establishment of condominium ownership and easements at accommodation facilities satisfying certain conditions.
Current Regulation: Prohibition on Condominium Ownership and Condominium Easements for Accommodation Facilities
As is known, pursuant to the amendments made to the Regulation in 2024, accommodation facilities are treated as a single independent unit under Article 13 of the Regulation. In this framework, the following rules apply to the accommodation units of such facilities:
» A timeshare right that confers a personal right may be established.
» Rights capable of being annotated in the land register, such as time-share ownership, condominium easements and condominium ownership, may not be established.
» Agreements relating to enjoyment, use and management may not be annotated in the land register.
Non-compliant facilities will not be issued a tourism certificate; where non-compliance is subsequently identified, existing certificates will be cancelled.
New Exception and Conditions of
Application for Certain Accommodation Facilities
The Amending Regulation added a new paragraph to Provisional Article 1 of the Regulation,whichsetsouttransitionalprovisions for facilities certified before the Regulation’s effective date. Under this transitional provision, facilities that provide accommodation services and satisfy the following conditions are excluded from the scope of the prohibition on condominium ownership and easements:
- Commercial zoning requirement: The site on which the facility is located must have been designated exclusively for commercial use in the zoning plan before 1 June
- Certificate requirement: The facility must currently hold a partial tourism operating license or a tourism operating
- Same-owner requirement: The accommodation units subject to condominium ownership or a condominium easement must be owned by the same
- Existing condominium ownership or condominium easement requirement: Condominium ownership or a condominium easement must already exist over the accommodation
Conclusion
At facilities providing accommodation services that satisfy all of the above conditions, the existence of condominium ownership or easement over accommodation units will no longer prevent the issuance or continuation of a tourism certificate. Accordingly, for exempted facilities, agreements relating to use, utilization and management may be annotated on the land registry; tourism certificates will be granted and existing ones will not be revoked. However, facilities holding a tourism investment certificate, facilities with time-share ownership over accommodation units and facilities whose accommodation units belong to different owners cannot benefit from this exception.
Importantly, the amendment only addresses existing condominium ownership or easements; it contains no express provision on whether new ones may be established. Investors, operators and real estate developers are therefore advised to reassess their projects and condominium structures in light of this uncertainty. The Amending Regulation entered into force on 31 August 2026, the date of its publication.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
