Abstract
This article examines the permit and compliance framework for short-term tourism rentals of residential property in Turkey. It considers the scope of the rental regime, the eligible permit holder, apartment-owner consent, property standards, management arrangements, guest registration, sanctions and changes of ownership. The Court of Cassation decisions discussed in the manuscript are read in their particular factual and legal context. The analysis distinguishes ownership of a residence from permission to operate it as short-stay accommodation. Foreign investors should establish the legal feasibility of the proposed use before relying on rental projections or committing to an acquisition or management contract.
Keywords short-term rentals, Turkey, tourism rental permits, apartment-owner consent, foreign property owners, rental compliance
Introduction
An apartment can be legally owned, fully furnished and attractive to visitors, yet still be unavailable for lawful short term rental. For a foreign investor, this is the central issue to resolve before relying on projected Airbnb or holiday letting income. Ownership, the consent of other apartment owners and permission to operate are separate questions. A sales agent’s rental forecast answers none of them.
Law No. 7464 introduced a specific permit regime for tourism rentals of residences. Published on 2 November 2023, its core rental provisions took effect on 1 January 2024. The framework now combines Ministry authorisation, property standards, consent requirements, guest registration and substantial administrative sanctions. This article explains how those obligations affect acquisition decisions, day-to-day management and the protection of a foreign owner’s investment.1
1. The 100-day rule: the guest does not have to be a tourist
The statutory description is wider than its everyday name suggests. A tourism rental is the letting of a residence for any purpose for a period of no more than 100 days at a time. A business traveller, a patient receiving treatment or a family temporarily relocating may therefore fall within the same regime as a holiday guest. Neither the guest’s nationality nor the booking channel creates an exemption. A direct booking is subject to the same underlying permit requirement as an online listing.2
The limit applies to the individual letting period, not to the total number of days for which a property may be rented during a calendar year. A 100-day agreement is within the regime. A genuinely longer agreement is outside its ordinary scope, but that does not make a series of nominally longer contracts a reliable way to operate a short stay business.
Article 4(1)(g) addresses a particular circumvention pattern: renting the same residence more than four times within one year from the first agreement, while making each agreement for longer than 100 days. That conduct attracts a separate administrative fine. The duration written on a template should therefore be checked against the actual arrangement, including early terminations, successive occupants and the booking history. A “101-day contract” is not a general exemption from regulatory scrutiny.3
Nor does exclusion from Law No. 7464 settle every issue under tenancy law. The applicable contractual rules depend on the property and the nature of its use. The Turkish Code of Obligations itself distinguishes ordinary residential and roofed workplace leases from immovables allocated by their nature to temporary use and let for six months or less. The contract should be classified before assumptions are made about renewal, termination or recovery of possession.4
2. Who can hold a tourism rental permit?
For the ordinary permit route, the lessor is the owner or the person entitled to use the property through a registered usufruct or superficies right. The applicant may be an individual or a legal entity. Where such a right exists, the regulation requires the right holder, rather than the bare owner, to apply. An ordinary lease does not place a tenant in the same category.5
A foreign national is not excluded merely because of nationality. The application rules expressly provide for a foreign applicant’s passport and foreign identity number or Turkish tax identification number. This does not dispense with the separate rules governing acquisition of Turkish property, residence or permission to work. Buying an apartment and obtaining permission to let it should not be presented as automatically resolving those separate matters.6
The permit must be obtained before entering into the tourism rental agreement. The Ministry of Culture and Tourism is the competent authority and may exercise its powers through the governorate. A Ministry plaque must be displayed at the residence’s entrance. Submitting an application, having a tax number or opening a platform account is not equivalent to receiving the permit.7
3. Apartment owners’ consent: identify the correct building and decision
For an ordinary apartment, Article 3(3) requires a unanimous decision of the owners in the building approving the tourism rental activity. A tenant’s agreement, a managing agent’s email or a majority vote is not an adequate substitute. The implementing regulation requires a notarised copy of the relevant decision and refers to the owners of residential independent units. In a mixed-use building, the title records and composition of the owners’ body should be reviewed carefully when preparing the application.8
Where several apartment blocks form a residential development, the ordinary consent requirement relates to the block containing the proposed rental unit. The permit is also communicated to site management. It is therefore inaccurate to say that every short stay apartment always requires the unanimous approval of the whole development. A separate, wider consent rule applies to certain larger portfolios, as explained below.9
The management plan also deserves a complete reading. It binds the owners and regulates the use and management of the property. A purchaser should examine the registered version, later amendments, meeting records and any pending dispute about commercial use. An assurance that “other neighbours already rent online” establishes neither a valid consent decision nor permission for the particular apartment being purchased.10
There is a further distinction where the apartment itself has several owners. Consent among those co-owners is a separate documentary issue from consent within the building. The regulation sets different requirements for fractional and joint ownership and requires designation of the person authorised to represent the owners and assume responsibility before the Ministry. This can matter particularly for inherited apartments or property bought jointly by family members.11
4. The 25% limit and the additional requirements for six or more units
In a building with more than three independent units, permits issued to the same lessor may cover no more than 25% of the independent units. This is a limit on that lessor’s permitted units, not a statement that only 25% of all owners may ever obtain permits. Buying the whole building does not, by itself, remove the restriction.12
If the same lessor seeks permits for more than five independent units in the same building, a workplace opening and operating licence must also be produced. Where that building forms part of a multi-block residential development, unanimous approval from all owners in the development is additionally required. The 25% limit and these extra requirements must be considered together, rather than treating one as an alternative to the other.
For example, in an ordinary building containing 20 independent units, the percentage limit permits five units for one lessor. In a 24-unit building it permits six, but the sixth brings the additional business licence requirement into play and, where relevant, the development-wide consent requirement. Both examples assume that no statutory exception applies and that the underlying title and building configuration have been correctly identified.
5. Detached homes and qualifying serviced residences
The ordinary apartment rules do not apply identically to every property. Under Article 5(4) of the regulation, applications concerning detached homes and qualifying high-quality residences are exempt from the specified unanimous consent decision and the 25% condition. This exemption does not remove the permit requirement, guest reporting duties or property standards.13
A detached home should be assessed by its legal and physical configuration. The Ministry’s current guidance includes certain homes with independent exterior entrances, including qualifying terraced or semi-detached arrangements. A marketing description such as “private villa” is insufficient evidence. Site rules, shared facilities and the title documents still need examination before assuming that the proposed operation will be free from private-law objections.14
The high-quality residence exception is also a defined legal category. It requires the appropriate management plan permitting short term letting, the prescribed reception, security and daily cleaning arrangements, and the required additional services. The current regulation refers to at least two of the listed additional amenities or services. Zoning and management documents form part of the application. A luxury finish, concierge desk or swimming pool alone does not establish eligibility.15
For qualifying high-quality residences, the statutory consent and portfolio conditions in Article 3(3)-(4) do not apply, and a residence operating company may hold the permit under the special arrangements. Existing developments and timeshare properties have further provisions of their own. An investor acquiring an interest in either should obtain a category-specific assessment rather than rely on the rules for an ordinary apartment.16
6. Why the landlord’s permission does not legalise rental arbitrage
A residential tenant cannot acquire the right to operate a tourist letting business merely by obtaining the landlord’s consent. Article 3(7) prohibits a tenant who rented a dwelling for personal residential use from letting it to third parties for tourism purposes in the tenant’s own name and account. It also prohibits a guest who rents from the permit holder from re-letting the residence in that manner. Contractual permission from the landlord does not displace this statutory prohibition.17
There is a specific exception for a corporate user that makes the tourism rental residence available to its own personnel. There is also the separate operating-company regime for qualifying high-quality residences. Neither should be stretched into a general permission for a tenant to rent apartments and resell short stays.
Where the tourism rental activity is carried out by someone other than the lessor, Article 3(5) requires the rentals to be conducted through a licensed Group A travel agency. A property management agreement should distinguish cleaning, maintenance and key delivery from marketing and concluding rentals. The contract should identify who holds the permit, who contracts with guests, who receives funds and who performs the reporting obligations.18
7. Applying for the permit and preparing for inspection
Applications are made through e-Devlet. Physical applications within this procedure are returned without assessment. The file normally includes identity and signature evidence, current title information, the required co-owner or building decisions and, where applicable, company representation documents and a notarised power of attorney. Documents executed abroad should be checked for the Turkish translation and certification requirements applicable to their place and form of execution.19
The regulation requires application procedures to be concluded within 60 days. Following issue of a permit, an on-site examination is to take place within 30 days. Those periods are not a guarantee that a defective file will be cured automatically: missing or unsuitable documents can lead to a reasoned refusal. The purchase budget should allow for document preparation, application and plaque charges, safety equipment and professional assistance.20
The residence must have the required sleeping, bathroom, living and kitchen facilities, hot and cold water, suitable furnishings and clean, functioning equipment. Fire extinguishers, smoke detectors in the prescribed areas and the required evacuation information are part of the minimum standards. Permitted capacity is calculated by reference to bedrooms, with a limited additional allowance, and cannot exceed 12 persons excluding children under three. A large floor area does not authorise unlimited occupancy.21
The regime does not provide an ordinary home-sharing permit for separately renting a room in an unpermitted home occupied by the lessor. Nor may the rooms of a permitted residence be let to different people under separate contracts. Investors planning a room-by-room business need a different legal assessment before purchasing furnishings or accepting bookings.22
8. Duties after the first booking
The permit holder remains responsible for the statutory guest identity notifications. Arrangements with a concierge or agency should therefore include reporting procedures and access to records. The regulation also expressly requires compliance with personal data protection rules. Guest identification should be handled through an appropriate process, with access and retention controlled, rather than circulated casually among staff or left in public messaging groups.23
Owners must arrange cleaning and maintenance at each change of guest, maintain pest-control records, communicate building or site rules and keep the property at the required standard. The permit must be displayed legibly in promotional material, with accurate information about capacity, facilities, accessibility, check-in and departure, and the services provided. The plaque has a separate physical display requirement at the entrance.24
The Ministry’s Circular No. 2026/4, dated 14 August 2026, reinforces verification of permitted accommodation by platforms and travel agencies. It calls for integration with the Ministry’s verification system and makes clear that marking a prohibited listing as closed to reservations while leaving its promotional material visible does not amount to removing it. Owners should ensure that the permit details, address and operator information in each listing match the official record.25
A permit is also not a tax exemption. The rental model, ownership structure, services provided and owner’s tax residence should be reviewed with a Turkish accountant before pricing the accommodation. Article 4(2)(c) expressly contemplates evidence concerning the tourism contribution. The financial model should distinguish rent, platform commission, management charges, cleaning costs and the taxes or contributions applicable to the particular operation, rather than treating the platform’s net payout as the owner’s final profit.26
The guest agreement should describe the particular residence, permitted occupancy, arrival and departure times, total charges, security deposit arrangements and the services included. It should also address cancellation, failure to deliver the booked property and damage reporting. A platform’s standard terms may govern the booking service without resolving every issue between the owner and guest. The published description, signed terms and actual service should be consistent.
Under Article 3(9), the agreement between the permit holder and user ends at the agreed expiry date. That rule does not justify taking possession through unauthorised self-help if a guest refuses to leave. Clear handover records, payment evidence and a properly framed agreement help counsel identify the appropriate recovery or dispute procedure. The owner should arrange these documents before the first stay, particularly where a local agent handles all contact with the guest.27
9. Administrative fines, correction periods and cancellation
Unlicensed letting attracts escalating sanctions. The original statutory bases of TRY 100,000, TRY 500,000 and TRY 1,000,000 are increased annually under Article 17(7) of the Misdemeanours Law, with fractions of a lira disregarded. An actual penalty assessment must use the amount applicable on the date of the infringement.28
The 2026 figures below are calculated by applying the official annual increases to those statutory bases. Communiqué No. 574 set the revaluation rate used for the 2025 increase at 43.93%.29
Communiqué No. 585 set the rate used for the 2026 increase at 25.49%. Applying it to the corresponding 2025 amounts and disregarding fractions produces the following penalties for 2026.30
|
Unlicensed letting stage |
2026 fine |
Compliance period |
|
Initial finding, for each residence |
TRY 180,617 |
15 days to obtain the permit |
|
Continuing without a permit after that period |
TRY 903,088 |
A further 15 days |
|
Continuing despite both preceding measures |
TRY 1,806,177 |
Further sanction for continued activity |
These are the escalation stages in Article 4(1)(a), (b) and (f). Paying a fine does not purchase permission to keep operating. The compliance periods do not create a lawful introductory period for an unlicensed business. If permission cannot be obtained, accepting further short stay bookings exposes the operator to continued enforcement.31
Other offences have different units of calculation. Unauthorised re-letting and mediation of unpermitted rentals may be penalised per contract. A platform that fails to remove content within 24 hours of the Ministry’s warning faces a sanction per residence, together with the content removal or access-blocking mechanism. The statutory notice, the content remaining online and the platform’s response should therefore be preserved as evidence.32
Permit holders can also be penalised for misleading advertisements, failure to deliver the property as agreed, missing plaques, failure to supply requested information and loss of required property standards. Failure to refund a payment within the specified 15-day period after the non-delivery sanction triggers a further penalty. The regulation distinguishes the initial post-permit examination from later enforcement, so the sequence of notices and correction periods should be checked against the actual inspection record.33
Cancellation is a separate risk. It may follow the statutory grounds, including uncorrected deficiencies or certain failures following a change of lessor. Existing users retain their contractual rights until the end of their agreed period in the circumstances specified by the law. An owner receiving a penalty or cancellation notice should preserve the inspection report, service record, bookings and correspondence immediately. The correct challenge route and deadline depend on the measure imposed.34
10. What the Court of Cassation decisions show
Two earlier decisions illustrate why condominium issues should be resolved before investing in a tourist letting operation. They predate Law No. 7464 and concern private-law restrictions under the Condominium Law. They are not rulings interpreting the current permit regime, and the present statutory exceptions must be considered separately.
In its decision of 29 April 2013, the Court of Cassation’s 18th Civil Chamber considered a dispute over an owner’s installation of drainage works through a common area without the four-fifths written consent of the other owners required by Article 19 of the Condominium Law. The court held that a judge could not substitute judicial approval for the missing statutory consent and reversed the lower court’s judgment permitting the installation. The practical lesson is that litigation should not be treated as a dependable substitute for a consent document required for the proposed use.
On 18 October 2017, the 20th Civil Chamber upheld a restoration order in a dispute where a unit registered as a residence was used without authorisation as a real estate office, applying Article 24 of the Condominium Law. The decision demonstrates the possibility of private proceedings concerning the use of a residential unit, alongside public licensing requirements. For today’s investor, the title, management plan, consent position and applicable statutory exemption must therefore be examined together.
11. Buying, selling or inheriting a permitted residence
A seller’s existing permit is useful evidence, but its holder and status must be checked. A change of lessor through a legal transaction other than inheritance must be notified within 30 days of registration at the land registry. The law also provides for cancellation if, after the relevant sanction and additional period, the new lessor does not apply for the permit transfer or fulfil the required obligations. An asset purchase should therefore allocate responsibility for notification, transfer documents and existing bookings.35
If an individual permit holder dies, the heirs must apply within three months to prevent the permit becoming invalid under Article 3(6). Termination of the permit-holding legal entity also affects the permit. These events should be addressed in succession planning and management contracts, particularly where the foreign owner’s family does not live in Turkey.36
Before committing to a purchase for short stay income, ask Turkish counsel to confirm the title and property category, the exact consent route, any management-plan restriction, the portfolio limits and the seller’s permit history. Technical inspection and tax advice should run alongside that legal review. Where rental eligibility is commercially essential, the purchase documentation should allocate the risk that the required permission or transfer is refused.
A useful legal engagement should produce a written assessment of the specific property, a document list, a realistic application sequence and a clear division of responsibilities between the owner, lawyer, accountant and operator. For an owner abroad, arrangements for receiving official notices and reporting inspections are particularly important. The investment decision is stronger when it is based on what the property can lawfully earn after costs, rather than an advertised gross rental yield.
Frequently asked questions
Can a foreign owner obtain an Airbnb or short term rental permit in Turkey?
Yes, subject to the property and application requirements. The rules expressly accommodate foreign applicants. The platform name is irrelevant to the legal test, and foreign ownership does not dispense with consent, permitting, reporting or tax obligations.
Is the 100-day limit an annual cap?
No. It concerns the period of an individual letting. A stay of exactly 100 days is included. Genuine longer agreements fall outside the ordinary scope, subject to the separate rule addressing repeated contracts longer than 100 days.
Is a majority vote enough in an ordinary apartment building?
No. The ordinary route requires the prescribed unanimous decision. Detached homes and qualifying high-quality residences have exceptions, which must be established from the property’s documents and applicable rules.
Can my tenant rent the apartment to tourists if I sign a consent letter?
Not in the tenant’s own name and account under an ordinary residential tenancy. Article 3(7) expressly prohibits that model. A lawful arrangement must be assessed under the permit-holder, travel-agency and any applicable residence-operator rules.
Can I accept bookings while my application is pending?
The permit must precede the tourism rental agreement. An application receipt does not authorise trading. A proposed launch date should allow for the application decision and the practical requirements for lawful operation.
May I rent individual rooms under one residence permit?
No. The regulation prohibits renting rooms of a permitted residence to different people under separate contracts. It also excludes the ordinary permit route for letting rooms in the lessor’s own unpermitted residence.
Does buying a detached villa remove every legal restriction?
No. The specified consent and percentage conditions may be inapplicable, but the permit, property standards and ongoing duties remain. Title, zoning, shared-site arrangements and private restrictions still require review.
Will a management company take over all my responsibilities?
A service contract does not automatically replace the permit holder’s statutory responsibilities. Its authority and any travel-agency requirement must be checked. A qualifying high-quality residence may use the separate operating-company regime.
What should I do if a fine or cancellation notice arrives?
Record the date of service and obtain the full decision and inspection documents promptly. Counsel should check the alleged breach, the applicable revalued amount, any correction opportunity and the correct challenge procedure. Do not assume that continuing to take bookings is permitted while the matter is disputed.
Conclusion
The legal feasibility of a short-term rental depends on more than ownership or commercial demand. The permit, the applicable consent requirements, the property's characteristics and the operator's continuing duties must be examined together. Contractual arrangements with an agent or management company should be tested against that framework rather than assumed to transfer every responsibility.
For a foreign owner, the most useful advice is obtained before projected rental income becomes part of the purchase decision. After operations begin, accurate records, compliance monitoring and prompt review of an inspection or sanction are essential parts of protecting the investment.
Footnotes
1. Law No. 7464, Articles 1-6 and 33(1)(a). Official source.
2. Law No. 7464, Articles 1(3) and 2(1)(c), (e)-(g). Official source.
3. Law No. 7464, Articles 1(3) and 4(1)(g). Official source.
4. Turkish Code of Obligations No. 6098, Article 339. Official source.
5. Tourism Rental Regulation, Articles 4(1)(f) and 5(1); Official Gazette, 28 December 2023, No. 32413, as amended. Official source.
6. Tourism Rental Regulation, Article 5(2)(a); Official Gazette, 28 December 2023, No. 32413, as amended. Official source.
7. Law No. 7464, Article 3(1)-(2). Official source.
8. Law No. 7464, Article 3(3); Regulation, Article 5(2)(d). Official source.
9. Law No. 7464, Article 3(3)-(4). Official source.
10. Condominium Law No. 634, Articles 18 and 28. Official source.
11. Tourism Rental Regulation, Article 5(2)(ç); Official Gazette, 28 December 2023, No. 32413, as amended. Official source.
12. Law No. 7464, Article 3(4). Official source.
13. Tourism Rental Regulation, Article 5(4); Official Gazette, 28 December 2023, No. 32413, as amended. Official source.
14. Ministry of Culture and Tourism, current provincial application guidance, section on detached residences. Official source.
15. Law No. 7464, Article 3(10); Regulation, Articles 4(1)(l) and 5(3). Official source.
16. Law No. 7464, Article 3(10). Official source.
17. Law No. 7464, Article 3(7). Official source.
18.Law No. 7464, Article 3(5), (7) and (10). Official source.
19. Tourism Rental Regulation, Article 5(1)-(3); Official Gazette, 28 December 2023, No. 32413, as amended. Official source.
20. Tourism Rental Regulation, Article 6(1)-(2); Official Gazette, 28 December 2023, No. 32413, as amended. Official source.
21. Tourism Rental Regulation, Article 9(1); Official Gazette, 28 December 2023, No. 32413, as amended. Official source.
22. Tourism Rental Regulation, Articles 6(6) and 10(2); Official Gazette, 28 December 2023, No. 32413, as amended. Official source.
23. Law No. 7464, Article 3(8); Regulation, Article 10(1)(ç). Official source.
24. Tourism Rental Regulation, Articles 8-10; Official Gazette, 28 December 2023, No. 32413, as amended. Official source.
25.Ministry of Culture and Tourism, Circular No. 2026/4, 14 August 2026, on the verification system for platforms and travel agencies. Official source.
26.Law No. 7464, Article 4(2)(c). Official source.
27.Law No. 7464, Article 3(9). Official source.
28.Misdemeanours Law No. 5326, Articles 5 and 17(7). Official source.
29. Tax Procedure Law General Communiqué No. 574; Official Gazette, 27 November 2024, No. 32735. Official source.
30. Tax Procedure Law General Communiqué No. 585; Official Gazette, 27 November 2025, No. 33090. Official source.
31. Law No. 7464, Article 4(1)(a), (b) and (f). Official source.
32. Law No. 7464, Article 4(1)(c)-(e). Official source.
33. Law No. 7464, Article 4(2); Regulation, Articles 6(3) and 12. Official source.
34.Law No. 7464, Articles 4(1)(e) and 5. Official source.
35. Law No. 7464, Articles 4(2)(b) and 5(1)(c). Official source.
36.Law No. 7464, Article 3(6). Official source.
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.
