One Document Does Not Complete the Other Permits
The facility’s address, capacity, operator and actual use are read together with the license, the approved project and the tourism certificate. A tourism certificate does not create zoning rights. Whether fire, environmental, food, coastal or ancillary activity permits are required is examined separately. The Ministry’s facility applications are conducted through e-Devlet; the documents requested vary according to the application and the type of facility.
Tourism operation certificate, facility type and certificate procedures
- Legal preparation and follow-up of applications for the tourism investment certificate, tourism operation certificate and partial tourism operation certificate
- Reviewing whether the facility type, class, capacity, address, block-parcel details and operator details are consistent with the application documents
- Procedures for changes of certificate holder or operator, capacity, title, type, class and other certificate changes
- Assessing transfers, capacity changes and related procedures for existing basic accommodation tourism operation certificates
- Administrative applications and routes of action against deficiency letters, inspection findings, rejection of a certificate request, suspension, cancellation and other administrative acts
Municipal licenses and permits to commence operations
- Determining, according to the type of facility, the relationship between the business opening and operating license and the tourism certificate
- Legal review of the occupancy permit, fire brigade and fire safety compliance, accessibility, capacity, hygiene and other operating permits
- Planning the order of applications and the consistency of documents among the municipality, the special provincial administration, the Ministry of Culture and Tourism and other competent authorities
- Legal applications against rejection of a license application, cancellation of a license, suspension of the activity, sealing and closure
- Assessing the consistency of the facility’s actual use with the license, tourism certificate, architectural project and operating activity
Short-term housing rental for tourism purposes
- Assessing the legal nature of the housing, the ownership or limited real right situation and the conditions for the permit certificate
- Legal review of applications for a rental permit for tourism purposes and of required documents such as condominium owners’ resolutions
- Examining the special conditions that apply to high-quality housing, housing operations and multiple independent units
- Compliance work on listings, promotion, certificate number, plaque, contract, identity notification and user records
- Legal remedies against unauthorized activity, misleading listings, subletting, administrative fines, cancellation of the certificate and suspension of the activity
Beaches, marinas, yacht tourism and open-air activities for tourism purposes
- Reviewing the permit structure of beach operations, day-use facilities, marinas, piers, water sports, camping and open-air activities
- Coastal use, allocation, leasing, compensation for unauthorized use (ecrimisil), occupation fees, mooring and operating agreements
- Disputes over certificates, navigation, insurance, liability and services connected with a maritime tourism facility or vessel
- Assessing the activity’s compliance with rules on safety of life and property, the environment, noise and consumer protection
- Coordination with the Yacht and Boat Law practice area for yacht- and boat-specific purchase and sale, registration, financing and maritime receivables
Administrative inspections, sanctions and tourism lawsuits
- Legal support in inspections carried out by the Ministry, municipality, governorship and other competent bodies
- Legal review of the inspection report, request for a defense, notice of deficiency and technical reports
- Administrative fines, suspension or cancellation of a certificate, cancellation of a license, sealing, prohibition of the activity and closure
- Annulment of the administrative act, stay of execution and, where the conditions are met, full remedy claims
- Coordination of administrative and criminal processes connected with allegations of operating without a certificate or outside the scope of the permit
What Does 100 Days Mean in Short-Term Housing Rental?
The permit regime applies to a rental of 100 days or less in a single stay. In the application, ownership or an appropriate real right, the required condominium owners’ resolutions and the special conditions tied to the nature of the housing are important. The provisions on high-quality housing cannot be applied to every apartment building. The situation of a person who wants to rent out on a daily basis a home that he or she rents from someone else must be examined separately. Extending the contract term on paper is not a safe alternative to a permit.
The listing presented to the user, the certificate number, the plaque, the delivery conditions and the identity notification are checked together. Administrative fines and current amounts are determined on the basis of the legislation in force on the date of the transaction; monetary figures in old guides are not used as if they were current amounts.
First Steps When an Inspection or Notification Arrives
All pages of the decision, the report, the notification document and earlier applications should be reviewed together. Remedying a deficiency, lifting a fine and stopping a closure decision are not the same request. An administrative application or lawsuit does not automatically stop the enforcement of the decision in every case. The conditions for interim relief are assessed separately.
Unless there is a special time limit under Article 7 of the Administrative Procedure Law (İYUK), the general time limit before the administrative court is 60 days; as a rule, the period starts on the day following written notification. For fines, the competent authority and special rules may differ. A timely application that meets the conditions of Article 11 of İYUK may suspend the time limit for filing a lawsuit; if it remains unanswered for 30 days, it is deemed rejected and the remaining time continues. Not every petition gives a new 60 days.
In the National Electronic Notification System (UETS), the end of the fifth day following the date of delivery is used. In physical notification, the envelope and the receipt should be kept; calculations should not be made solely from the date on which you actually saw the document. The UETS rule does not apply automatically to registered electronic mail (KEP) and regular e-mail.
Our Approach to Your File
We examine the facility’s permit history, the differences between the certificate and the actual situation, and the notification timeline together. We separate the legal application from the work of remedying technical deficiencies, and plan the necessary expert work and the effects on operations.
Based in Antalya, with a Türkiye-Wide Connection
Güneş & Güneş Law Firm was founded in Kemer in 1999 and has been based in Antalya since 2007. Tourism transactions throughout Türkiye are planned according to the jurisdiction, document and representation requirements of the file. With communication available in Turkish, English, German and Russian, files with a Türkiye connection of persons and companies abroad can also be assessed.
Information Needed for the First Consultation
Briefly state the type of activity or dispute, the location of the facility, your capacity as a party and your request. Prepare the contract, license, decision and notification records. Report any upcoming transaction, travel or application date at the first contact. File-specific documents, secure sharing and the method of representation are clarified during the consultation.