Opening a tourism, retreat or wellness facility may not require a single permit file. Accommodation, business operations, building use and health services fall within the remits of different authorities. What determines the process is not the name of the business but which services will actually be provided, where, and by whom.
This guide is based on legal research and a review of the legislation as of 11 October 2026. In particular, it takes into account the Wellness Services Regulation (Esenlik Hizmetleri Yönetmeliği) of 4 July 2026 and the 2026 changes to tourism certification. The application for a new investment, the transfer of an existing facility and the use of transitional provisions by a former operator should be treated separately.
Starting the permit file: activity and authority map
Write a list of services, not a business name
The first document in an application is an activity list that accurately describes what the facility will do. Accommodation units and bed capacity, restaurant, pool, sauna, yoga or exercise programs, health assessment, physiotherapy, product sales and outdoor activities should each be listed separately. A description such as "wellness village" alone is not clear enough for licensing purposes.
The activity list must be matched with the architectural project. The intended use, the number of rooms and common areas, staff sections and technical infrastructure must be consistent with one another. A health service that is not declared in the application and is added to the program later cannot be treated as a simple marketing change.
| Procedure / activity | Main competent authority | Function of the document |
|---|---|---|
| Planning and construction | Municipality, Ministry or other authority, depending on location | Conformity of land use and construction on the plot |
| Opening a workplace | Competent licensing authority | Licensing of the business activity |
| Tourism certification | Ministry of Culture and Tourism; provincial governorate, depending on the type of procedure | Documentation of the facility's qualifications under tourism legislation |
| Wellness center / unit | Provincial health directorate | Licensing of the center or unit |
| Food business | Relevant unit of the Ministry of Agriculture and Forestry | Registration or approval, depending on the activity |
| Foreign staff | Ministry of Labour and Social Security; required prior permission authorities | Allowing a foreign national to work in the relevant job and profession |
| Music and environmental noise | Relevant copyright organizations and the authority responsible for the environment | Meeting different legal obligations |
The table shows the general division of tasks. The competent authority may change depending on the metropolitan area, the special zone, the allocated property and the type of facility. The Land, Zoning and Construction Guide should be read alongside this for a preliminary review of construction.
Tourism investment certificate, operating certificate and business license
What does a tourism investment certificate provide?
A tourism investment certificate (turizm yatırım belgesi) documents a planned investment under tourism legislation. It is not a building permit, a zoning plan amendment or a permit to start operating. The investment period and the conditions for moving to operation must be monitored; it should not be assumed that the file remains open indefinitely once the certificate has been obtained. [1][2]
Not every type of facility receives an investment certificate. Mobile home facilities are among the types listed in Article 6 of the Regulation. For this reason, it is not correct to place the entire process in the sequence "first obtain a tourism investment certificate" for a mobile home facility. The direct route to operating certification should be determined according to the type of facility. [2]
How do the business license and the tourism operating certificate work together?
Article 5 of Law No. 2634 requires accommodation businesses that have obtained a workplace opening and operating license (işyeri açma ve çalışma ruhsatı) from the competent authority to obtain a tourism operating certificate (turizm işletmesi belgesi) within six months of the license date. This time limit does not mean that operations may begin without the conditions for building, fire or health being met. [1]
The application for a tourism operating certificate requires the current workplace opening and operating license, details of the operator and the facility, capacity and other necessary documents. The current application list published by the Ministry of Culture and Tourism explains the procedures carried out through e-Government and the attachments required. An application prepared with documents that are temporary or do not match the actual condition of the facility will cause problems. [3]
If the operator named on the business license, the holder of the tourism certificate and the person who actually provides the service are different, the legal relationship must be documented clearly. Leasing, transfer of the right to operate, a change of company name and an increase in capacity are not the same application process. A change in the trade register does not automatically update the tourism or health license.
Did the Constitutional Court's annulment remove the certificate requirement?
The decision of the Constitutional Court (Anayasa Mahkemesi) of 17 October 2024, E.2021/100, K.2024/174, annulled certain provisions that tied closure and license cancellation to the failure to obtain a tourism certificate. The relevant annulments took effect nine months after the decision was published on 24 March 2025. [4]
This result cannot be interpreted as meaning that the obligation to obtain a certificate under Law No. 2634 has been fully removed. Equally, the authority may not apply a sanction provision that has been annulled as if it were still in force. The legal basis used in a specific action, the date of the action and the other provisions in force must be examined together. This distinction is especially important in relation to the phrase "automatic closure within one month" copied from outdated internet guides.
Conditions that change the application according to the type of facility
Rural tourism, mobile homes, camping and luxury tents
The room and architectural conditions for a rural tourism facility, the technical vehicle status and registration of a mobile home, the camping units and common areas of a campsite, and the layout and material conditions for a luxury tent are each governed by different rules, set out in a special regulation. These models cannot be used interchangeably under the same certificate heading. [2][5]
For example, the starting benchmarks are five to thirty rooms for rural tourism, five to forty-nine units with at least 250 m² per unit for a mobile home facility, and at least ten camping units for a campsite. These are only initial checks. Fire safety, environmental matters, planning, access, common units and other conditions relevant to the certificate also apply separately. A comparison of the economic and physical characteristics of each type is provided in the Rural Tourism and Investment Guide.
For luxury tent facilities, the old sentence in the law allowing a workplace license to be issued within fifteen days after the tourism operating certificate without any further procedure is also within the scope of the Constitutional Court's decision. A current application file cannot be prepared on the basis of that old automatic licensing sentence. [4]
The simple accommodation certificate is not the general route for a new investment
The simple accommodation tourism operating certificate (basit konaklama turizm işletmesi belgesi) is linked to the conditions in Provisional Article 11 of Law No. 2634. It should not be regarded as a simplified certificate that every new small hotel or bungalow facility may choose. The past license date of the existing business and the status of its application are the determining factors. [1][6]
The amendment of 26 August 2026 is decisive for the transfer of the certificate: a simple accommodation tourism operating certificate may not be transferred, except by testamentary disposition or by inheritance. For this reason, a price should not be paid on the assumption that an existing certificate at a facility to be bought or leased can be transferred to the new operator. The holder should review in advance the nature of the transaction to be carried out and the certification route available to the new operator. [6]
The effective dates of the Article 8/A added by the same amendment must also be distinguished. The provisions on regular cleaning, maintenance and pest control entered into force on the date of publication. The provisions on reception, food storage, first aid, swimming and entertainment pools and room equipment enter into force on 1 November 2026. Therefore, as of 11 October 2026, there is a preparation period for this second group; existing safety and hygiene obligations arising from other legislation continue to apply. [6]
The new conditions include the requirement that facilities with 25 or more rooms, and facilities with a reception and a swimming pool, have a sufficient number of certified lifeguards, at least two, according to capacity. Only for facilities that accept guests aged twelve and over may a children's pool exception apply, provided guests are informed in advance; a children's pool must be provided before the age policy is changed. These provisions do not create a new general right of application. [6]
The narrow scope of the 31 August 2026 amendment
The provision added on 31 August 2026 to Provisional Article 1 of the Regulation on the Qualifications of Tourism Facilities relates to facilities that meet certain old plan and ownership conditions. Conditions such as a plan decision made before 1 June 2019, and the same owner or co-ownership relationship, must be examined on the basis of the file. This transitional provision does not mean that every type of accommodation facility is permitted in every commercial area. [2]
Leasing of residences for tourism purposes is a separate regime
Law No. 7464 specifically regulates the leasing of residences for tourism purposes for one hundred days or less in a single lease. The permit document, the decisions of the condominium owners and the provisions on how the activity is organized must not be confused with a hotel, a rural tourism facility or a mobile home operation. [7]
Different conditions and exceptions apply to high-value residences, detached residences and multiple independent units of the same lessor in the same building. In certain cases, a workplace opening and operating license is also required. The name "short-term rental" does not bring into this regime a settlement that has no residential character in law; nor is it appropriate to present an existing tourism business as the leasing of a residence without a permit.
The 2026 licensing system for wellness centers and units
Which services does the Regulation cover?
The Wellness Services Regulation defines, in broad terms, services that support physical, mental and social well-being. Because the list ranges from meditation and exercise to nutrition, physiotherapy, psychological support, sauna and various applications, the scope cannot be determined by looking only at the commercial name used. The phrase "without therapeutic purpose" in the Regulation does not mean that the activities are entirely excluded from health legislation. [8]
Carrying out general recreational activity in a hotel is not the same organization as providing an individual assessment, a health professional and a structured wellness program. For projects on the borderline, it is a sounder starting point to request a written assessment from the provincial health directorate, with a service protocol, advertising text and staff list, rather than trying to solve the problem later by changing the name.
Where GETAT (geleneksel ve tamamlayıcı tıp uygulamaları) or applications reserved for a specific profession are involved, the wellness license is assessed together with the practitioner's professional authority and the special permit conditions for the application concerned. A short-term special training certificate does not replace the health profession authority defined by law.
The physical difference between a center and a unit
| Form of organization | Wellness center | Wellness unit |
|---|---|---|
| Within an accommodation facility holding a tourism operating certificate | Option of an accommodation facility with at least ten rooms | Option of a unit with no room limit for an accommodation facility |
| Within care organizations or a sports club listed in the Regulation | The relevant organization and physical conditions are the basis | The relevant organization and physical conditions are the basis |
| Independent model | Detached building with at least 500 m² of enclosed area | At least 300 m² of enclosed area and a separate entrance |
The table shows the differences at the level of definition. Options within an organization and the conditions for an independent building must not be transferred to one another. The physical, technical and documentary conditions of an application are checked separately against the relevant articles and annexes of the Regulation. Meeting the total square-metre requirement alone is not sufficient for a license. [8, Arts. 4–7]
Application, on-site inspection and commencing operations
The application is made to the provincial health directorate with the documents in the annex to the Regulation. If the file and the on-site inspection establish that the conditions are met, a license is issued for the center or unit. If the center or unit does not begin operating within six months of the license date, the cancellation of the license may arise. A transfer requires a new licensing procedure to be carried out separately. [8, Arts. 7–9]
The operating right of a wellness section within an organization may be transferred; however, such a transfer does not remove the responsibility of the organization and the operator under the legislation. It should not be assumed that an accommodation facility is released from all obligations on the basis that "a different company runs the health section".
Responsible director and staff conditions
The responsible directorship covers the administrative and technical management of services at the center or unit. Subject to the exceptional authorization arrangement in the Regulation, a full-time physician or one of the specialist physicians is assigned. Conditions include being authorized to practice the profession in Türkiye, Turkish citizenship and a document showing at least three years of medical practice in Türkiye. Limits on the responsible director working at another health institution or organization are also taken into account. [8, Art. 11]
The age condition of sixty years is not imposed on all health personnel. The provision in Article 10 of the Regulation relates to the situation where it is intended to employ a specialist physician at the center or unit. The conditions for the responsible director and the other staff must be read separately, according to the type of duty.
A staff work certificate is issued for health professionals; departures must be notified within ten working days at the latest. If the responsible director leaves or no longer meets the conditions, a new appointment must be made within thirty working days. The limits of thirty, twenty and forty working days for temporary appointments vary according to which physician performs the duty and by which procedure. These periods cannot be applied as a single general authorization period. [8]
Emergency arrangements, hospital agreements and the record system
The fact that wellness services are considered low risk does not make emergency arrangements unnecessary. The Regulation provides for the necessary emergency intervention, an agreement with a health institution, and referral by ambulance where required. For a medical center for which an agreement is to be made, special conditions apply, including at least 3,000 m² of enclosed area and a staff of ten specialist physicians. A general service contract with any health business should therefore not be considered sufficient. [8, Arts. 10 and 13]
Outsourcing laboratory and imaging services does not remove the shared responsibility provisions of the legislation. The record and archive system must ensure that health information is kept accurately, accessed within the limits of authority, and can be presented during inspection.
The prohibition on selling products at centers and units must also be taken into account in the business model. A model that makes the wellness program conditional on the sale of food supplements, or that finances program revenue through such sales, may be subject to the limits of the Regulation. Whether the sale of the same product elsewhere complies with the relevant product, advertising and food legislation is also assessed separately. [8, Art. 10/8]
Foreign guests, medical tourism and foreign staff
A foreign guest staying at a tourism facility is not, on its own, an international medical tourism activity. The provision of health services, the arrangement of services and the identity of the institution carrying them out are determined separately. Article 17 of the Wellness Services Regulation provides that the procedures and principles for the authority of centers and units to engage in international medical tourism are to be set by the Ministry. A wellness license therefore cannot be said automatically to grant all medical tourism authorizations. [8]
The Regulation on International Health Tourism and the Health of Tourists of 26 April 2025, together with the announcements of the Ministry, should be followed together. Authorization documents, accreditation or certification conditions vary according to the type of facility. The target transition date of 31 December 2026 announced for the relevant health facilities is assessed only for health facilities that fall within its scope; the same obligation is not imposed on all hotels. [9]
The employment of a foreign instructor or health professional involves separate matters: diploma, professional authority, required prior permission and work permit. The fact that a person is in Türkiye as a tourist or receives payment from abroad does not by itself make actual work in Türkiye lawful. The citizenship condition for the responsible director of a wellness center also applies separately.
Continuing obligations of the business
Fire safety and transitional periods
The fire safety report, evacuation layout, detection and extinguishing systems, staff training and maintenance records form part of the operating file. The use of timber or tent materials, fire brigade access and the evacuation plan can increase their importance. Increasing the number of rooms or capacity after a report has been obtained may affect the existing conformity.
Under the regulation of 10 January 2026, the date of 31 May 2026 set for fire conformity for certain accommodation businesses is now a past date. The regulation also provided that deficient workplaces within its scope would be barred from operating during this process. The period therefore cannot be interpreted as "permission to keep operating until the deficiencies are completed". In an application dated October 2026, a past transitional period should not be presented as a current extension. [10]
Food, pools, alcohol and music
For a restaurant, breakfast service or production kitchen, the food business registration and approval regime, hygiene, traceability and staff conditions are examined. Serving farm products to guests does not remove food safety obligations. Allergen information and special dietary requests must be recorded accurately.
Water quality, maintenance, lifeguard safety and applicable lifeguard conditions are assessed together for the pool. If serving alcoholic drinks is being considered, the workplace and sale or service documents, as well as distance and location conditions, are separately examined. A tourism certificate does not provide the same alcohol exception for every facility; there are special provisions depending on the type and capacity of the facility. [1]
Law No. 7584 of 20 June 2026 also introduced changes concerning event sponsorship by alcohol brands and brand elements inside and outside the workplace. A one-year period from the date of publication has been granted to retail or open alcohol sales businesses to comply with the new fifth sentence of Article 6/1. The use of brand visuals in a facility's bar, restaurant and event areas must be assessed separately under this new rule, apart from the sales document. [16]
The amendment dated 16 June 2026 regulated the attachment of the music license certificate issued by the relevant federations to the application where music is played in common areas. The period of 31 December 2026 granted to certain existing facilities is regulated by expressly excluding accommodation facilities. This period is not a general copyright exemption for all hotels. A music license and an environmental noise permit are different obligations. [11]
Sustainability and verification of online listings
Environmental and cultural sustainability certification under the Ministry's Circular No. 2026/2 of 16 April 2026 should be checked in the file in terms of the type of facility and its current stage. The slogan "nature-friendly" does not replace the required certificate, and certification does not mean that all environmental impacts are zero. [3][12]
The provisions on accommodation advertisements without certificates, together with the data verification system under Circular No. 2026/4 of 14 August 2026, are also part of the digital sales process. The certificate number, facility name, address and capacity must be consistent with the advertisements, and changes to the license must also be accurately reflected on booking platforms. An online listing being live does not show that the administration has granted an operating permit. [13]
Personal Data Protection, identity notification and health data
The identity notification obligations of accommodation businesses and the health records in a wellness service are not kept for the same purpose. For each item of data, the purpose of processing, the legal basis, access authority and retention period must be determined. Providing information to the guest and obtaining explicit consent where necessary are separate obligations. [14]
The provisions of Personal Data Protection Law No. 6698 on special categories of personal data and transfers abroad were amended in 2024. The earlier generalization that "health data may only be processed with explicit consent" does not reflect the full current regulation; the processing condition must be determined by reference to the specific activity. Where an overseas cloud, a reservation system or a messaging application is used, the transfer mechanism must be separately examined.
Combining health questionnaires with marketing lists, keeping guests' health information on staff members' personal phones and using images in promotion are separate risks. Data breaches, access records, service provider contracts and destruction procedures should be linked to the business procedure.
Legal limits on promoting retreats and wellness
The Regulation on Promotion and Information Activities in Health Services of 12 November 2025 is also important for the wellness regulation, through its express reference to it. Claims of treatment outside the scope of authority, scientifically unverified promises of results, misleading professional titles and the marketing of health services in a prohibited manner should be assessed as risks. [8][15]
Advertising that promises a "definitive cure", "disease treatment without medication" or the same health outcome for everyone may affect the legal nature of the program and the liability involved. A guest signing a consent form does not remove a lack of professional authority or misleading advertising.
Health tourism promotion aimed at international audiences has its own special conditions. Targeting overseas audiences, the language used, the authorization document and whether the promoter is the health facility or an intermediary are all important. These exceptions cannot be applied to all businesses simply because a social media account has been opened in a foreign language.
How should the final check before opening be carried out?
The application file should be compared with the actual situation: the trade name, the certificate holder, address, type, capacity, structures and staff should all show the same investment organization. Fire and maintenance records, staff work certificates, guest contracts and data procedures should not exist only on paper in the file; they must be applied in day-to-day operations.
| Check | Consistency to look for | Responsible function |
|---|---|---|
| Documents and capacity | License, tourism certificate and actual number of rooms or units | Operations management |
| Health service | Licensed scope, responsible director and authorized staff | Responsible director and operator |
| Safety | Project, fire report, evacuation and maintenance records | Technical management |
| Sales | Listing, package content, price and cancellation conditions | Reservations and legal |
| Data | Notice, processing basis, access and transfers | Data controller |
| Changes | Notification of new units, transfers and staff movements | Certificate holder and responsible manager |
Where an inspection finds deficiencies, the path to be followed depends on the nature of the deficiency. It should not be assumed that every deficiency can always be corrected within an additional period, or that every finding requires immediate closure. Notice, the time allowed for correction and the means of challenge should each be recorded separately. The dispute stage is addressed in the article Liability and Legal Disputes.
Conclusion
Success in licensing a tourism or wellness facility depends on defining the activity correctly from the outset. An accommodation certificate, a business license and a health license serve different functions; they may need to complement one another within the same business.
The 2026 regulations require in particular that wellness organization, staffing, sustainability, music licensing and digital listing processes be monitored together. The opening file is not a file that closes on the day the first guest is accepted. It should be managed as a business system that is updated as capacity, operator, services and staff change.
Frequently Asked Questions
If a municipal license has been obtained, is a tourism certificate still required?
A workplace license and a tourism operating certificate are different. The certification obligation of accommodation businesses under Law No. 2634 is assessed separately.
Can a tourism investment certificate be obtained for a mobile home facility?
Article 6 of the Regulation lists mobile homes among the types for which no investment certificate is issued. Operating certification and other permits should be planned accordingly.
Can wellness services not be offered in an eight-room hotel?
The center and unit models are different. The absence of a room limit for the unit option within an accommodation facility does not mean that the other physical, staffing and licensing conditions have been removed.
Must all physicians at a wellness center be over sixty years old?
No. The age condition relates to the special provision on the employment of specialist physicians. The conditions for physicians, specialist physicians, the responsible director and other health staff must be read separately.
Does a yoga instructor certificate authorize the provision of health services?
Not on its own. The nature of the practice offered, the relevant professional legislation and the scope of the wellness license are assessed. Professional authority cannot be extended by a short specialist course certificate.
Can food supplements be sold at a wellness center?
The Regulation prohibits the sale of products at centers and units. The business model must be structured with this restriction in mind.
Can the period granted for the fire report until 31 May 2026 still be used?
That date passed as of 11 October 2026. In addition, the regulation provided that workplaces within its scope may be barred from operating while deficiencies remain; it is not a general permission to operate.
Does the presence of foreign guests at a hotel require a medical tourism authorization?
Accommodation alone does not produce that result. Whether health services are provided or intermediated is assessed separately; wellness and international medical tourism authorizations must not be confused with one another.
Does transferring the wellness section to another company release the operator from liability?
No. The Regulation contains liability provisions concerning the organization, the operator and the responsible director. An agreement between the parties does not by itself remove responsibilities under the legislation.
Sources and legal bases
- [1] Law No. 2634 on the Encouragement of Tourism (Turizmi Teşvik Kanunu), in particular Arts. 5, 19 and 30–34, Provisional Art. 11. Consolidated text.
- [2] Regulation on the Qualifications of Tourism Facilities, including the amendment of 31 August 2026. Consolidated text.
- [3] Ministry of Culture and Tourism, Documents Required in Applications and Application for a Tourism Operating Certificate.
- [4] Constitutional Court, 17 October 2024, E.2021/100, K.2024/174, Official Gazette of 24 March 2025, No. 32851. Official record; full-text transcript.
- [5] Regulation on the Structure of Luxury Tent Facilities. Consolidated text.
- [6] Regulation on the Certification of Simple Accommodation Facilities and Beach Operations, including the amendment of 26 August 2026. Consolidated text; Ministry certificate announcement.
- [7] Law No. 7464 on the Leasing of Residences for Tourism Purposes and on Amendments to Certain Laws. Ministry of Justice legislation text.
- [8] Wellness Services Regulation, Official Gazette of 4 July 2026, No. 33300, in particular Arts. 4–17 and annexes. Ministry of Health text; consolidated view.
- [9] Regulation on International Health Tourism and the Health of Tourists, Official Gazette of 26 April 2025, No. 32882. Ministry announcement; certification announcement.
- [10] Regulation on Workplace Opening and Operating Licenses, Provisional Art. 9; amendment in Official Gazette of 10 January 2026, No. 33133. TESK announcement and Official Gazette annex. For the Regulation on Fire Protection of Buildings, see the Mevzuat Bilgi Sistemi.
- [11] Communiqué on the Implementation of the Regulation on the Qualifications of Tourism Facilities (2019/1), amendment in Official Gazette of 16 June 2026, No. 33282. Copy of the Official Gazette text published by the chamber.
- [12] Ministry of Culture and Tourism, Circular No. 2026/2 of 16 April 2026.
- [13] Ministry of Culture and Tourism, Circular No. 2026/4 on the Data Verification System of 14 August 2026.
- [14] Law No. 1774 on Identity Notification; Law No. 6698 on the Protection of Personal Data, Arts. 5–6, 9–12; Regulation on Personal Health Data. KVKK legislation page.
- [15] Regulation on Promotion and Information Activities in Health Services, Official Gazette of 12 November 2025, No. 33075. Ministry of Health full text.
- [16] Law No. 7584, Arts. 2, 4 and 29; amendments to Arts. 6 and Provisional Art. 2 of Law No. 4250, Official Gazette of 20 June 2026, No. 33286. Official Gazette text; accessible text transcript.