Law No. 7464 on the Renting of Homes for Tourism Purposes and Amendments to Certain Laws (AirBnB Law) was published in the Official Gazette on 2 November 2023. It will enter into force on 01.01.2024 and imposes certain restrictions on daily rentals. With the new regulation, the answer to whether Airbnb is legal in Turkey has become more significant. Straight to the point, is Airbnb legal in Turkey? Yes, it is legal, but conditions are extremely strict, and the fines are very high.
Airbnb and similar platforms have made it very easy to be a competitor in the short-term rental market. Thanks to their simple interfaces and brand value, they have popularised short-term accommodation outside of licensed businesses. Thus, while providing a new source of income for many households, it has also provided a guarantee against economic uncertainties.
Due to the advantages described above and widespread use, we answer what makes renting a flat on Airbnb in Turkey legal and similar questions. In fact, short-term stays via Airbnb is usually done in buildings where the neighbours are locals and are living there permanently. Having a busy and touristic flat right next door may cause disturbances for neighbours in residential buildings. On the other hand, Airbnb can help tenants easily rent out properties without owner’s knowledge and this leads to other problems, such as sublease disputes.
New Legal Regulation on Renting Homes for Tourism Purposes
According to the Law on Renting of Homes for Tourism Purposes and Amendments to Certain Laws, unauthorised daily rentals through platforms such as Airbnb may be subject to an administrative penalty of up to TL 1 million (USD 30k). The law stipulates obstacles such as obtaining permission from condominium owners (all property right owners in the building). In addition, the leases that are outside the prohibition the Law imposes must be for 100 days or longer. If you wish to access the new Law to find out more about the answer to whether is Airbnb legal in Turkey: click here for the Turkish text of the Law.
The developments described below are closely followed by homeowners who wish to rent their homes to foreigners. Some homeowners may prefer to rent their home for longer periods instead of renting daily on Airbnb. In such a case, it is essential to make a lease agreement to ensure that you can prove your renting is not subject to the Law that bans short term rentals. (Click here for a sample lease agreement in Turkey)
Is Airbnb Legal in Turkey?
It has been stipulated that all of the property owners in the building must give exclusive permission for daily rental. This condition is included in the Law passed by the parliament. Thus, submitting the condominium owners’ decision unanimously has become mandatory.
Currently, Airbnb hosts, especially in metropolises, are renting flats daily in buildings that are actually occupied by tenants or property owners as long-term and permanent residents. Many residents of such buildings do not prefer the situation dynamic situation created by Airbnb.
The requirement to obtain permission from the neighbours will practically eliminate renting individual flats. However, all condominium owners can unanimously decide to allow short-term rentals. If a single flat owner does not give permission, day-to-day renting will not be allowed.
However, high-quality residences are exempt if they comply with the following conditions:
- There is a provision in the management plan that short-term rental activity is permitted; there are reception, security and daily cleaning services;
- Where services such as health services, dry cleaning, laundry, transport, catering and shopping services, gym and swimming pool can be provided.
For these dwellings, conditions such as the permission of all property owners are not required.
Daily rentals can be prohibit even if the approval of the condominium owners is received. In buildings with more than three independent sections, a permit can be issued in the name of the same permit holder for a maximum of twenty-five per cent of the entire property.
It will be tough to form a common opinion in a structure where the ownership of each independent section belongs to different persons. This process, in which the negative approach of a single person makes it impossible to obtain a permit, can be interpreted as a hypothetical “permit” because it is intended to prohibit the touristic rentals described by the Law. In conclusion, Airbnb is legal in Turkey, but the conditions are pretty strict.
Tenants and Subtenant Cannot Host on Airbnb
As mentioned above, a common situation in Airbnb rentals is that sub-tenants rent on a short-term/touristic basis. According to the Turkish Code of Obligations, subletting requires a written permission from the landlord.
The Airbnb Law has introduced provisions for situations where the flats used for daily rentals are not rented by the property owner. An exception has been made for people who do not own the property. In cases where the right to benefit from the dwelling is established (persons with usufruct right or overriding right), the right holders are allowed to rent for short-term/touristic purposes.
Maximum 100 Days Rental Limit
The document issued to allow the lessor to rent the dwelling to real or legal persons for a maximum period of one hundred days is defined as a “permission certificate”. The reasoning provided in the proposal on “Leasing of Dwellings for Tourism Purposes and Amendments to Certain Laws” submitted in October 2023, was that “those working in certain sectors in our country usually reside in the places where they work for more than three months“. Thus, leasing for over 100 days does not require a permission certificate. In that case, our answer to whether Airbnb is legal in Turkey is that it is legal if the host uses it only for rentals longer than a hundred days.
In addition to the 100-day limit, the law also prohibits renting out a dwelling more than four separate times within a year. Again, in the reasoning in the draft legislation published in October, it was emphasised that the 100-day limit was set by international regulations which were examined when drafting the Law.
The prohibition of renting more than four times is to guarantee the implementation of this 100-day limit. For example, if a tenant who has signed a contract for more than 100 days evacuates early, a new tenant can be found, and a second contract for more than 100 days can be concluded. However, since such early eviction situations will be caught in the limit of four rentals in total, circumvention of the law through early termination of the 100-day rule is prevented.
Conclusion
Is Airbnb legal in Turkey? We hesitate to say yes to this question. Because the conditions introduced with the new legislation are so strict, Airbnb has become dysfunctional. The unique business model Airbnb created is not available to hosts in Turkey. Professional tourism companies and hotels can still use the platform, but that’s not exactly what Airbnb guests look for…
