The Regulation Amending the Regulation on Shopping Malls Has Been Published

The Regulation Amending the Regulation on Shopping Malls (“Amendment Regulation”) has been published in the Official Gazette dated 8 May 2025 and numbered 32894 and entered into force on the date of its publication.

With the Amendment Regulation, various provisions have been introduced regarding shopping malls, particularly in relation to common use areas, the suspension of regulatory obligations, and the reporting of shared revenues and expenses.

The key provisions of the Amendment Regulation are summarized below:

• Areas within shopping malls designated for direct and joint use—such as accommodation, storage, and production spaces outside of retail units; social and cultural activity areas; emergency medical intervention units; prayer rooms; baby care rooms; children’s play areas; restrooms; and lounge areas—shall be deemed common use areas. In contrast, areas not directly accessible for use, such as external façades and rooftops, shall not be considered as common use areas.
• Structures and enterprises that do not meet the legal definition of a shopping mall shall be prohibited from using the designation “shopping mall.” Furthermore, in shopping mall project permits, the nature of the structure must be explicitly identified as a shopping mall. No construction permit shall be issued for shopping mall projects that do not allocate space for common use areas.
• The obligations set forth under the Regulation may be suspended by the Ministry of Trade, either ex officio or upon application, under the following conditions:

a) Automatically, for shopping malls with a leasable sales area of less than 10.000 square meters or fewer than 30 retail units;

b) In the case of shopping malls with a leasable sales area between 10.000 and 20.000 square meters, if it is determined that more than half of the retail units are not operational during the period of activity, or are not operated by nationally or internationally recognized retail enterprises.

• The obligation to announce social and cultural events at least seven (7) days in advance in visible areas of the shopping mall and, where applicable, on the mall’s official website, has been repealed.
• The annual shared revenue and expense report, which is prepared for the preceding calendar year and submitted to retail tenants within the shopping mall by the end of April each year, shall also be submitted to the KEP (Registered Electronic Mail) address published on the Ministry’s official website by the end of May, along with a certified copy of submission evidence, duly approved by the shopping mall owner or management.
• The advance payment, revenue and expense calculation, and reporting processes carried out by the shopping mall management, as well as other transactions related to the allocation of shared expenses, shall be subject to audit and certification by an independent audit firm authorized by the Public Oversight, Accounting and Auditing Standards Authority. However, shopping malls that do not collect shared expense contributions shall be exempt from this audit and reporting requirement.

The audit report, which must detail each instance of non-compliance with shared expense allocation rules separately and explicitly, shall be delivered to all retail tenants who contribute to shared expenses by the end of July each year. A certified copy of the submission evidence, duly approved by the shopping mall owner or management, must also be submitted to the KEP address announced on the Ministry’s website by the end of August each year.

The full text of the Amendment Regulation can be reached through this link (Only Available in Turkish).