The Regulation Amending the Regulation on Business Opening and Operating Licenses (the “Amendment Regulation”) was published in the Official Gazette number 33104, dated 11 December 2025. The Amendment Regulation aims to make the licensing regime more predictable and practicable, in particular by addressing delays in the finalization of license applications, updating definitions relating to accommodation and tourism activities, and clarifying the administrative and technical requirements applicable to such activities.

The principal amendments introduced under the Amendment Regulation in relation to business opening and operating licenses are set out below:

New Mechanism for License Applications Not Finalized in Due Time by Municipalities

Under the Amendment Regulation, where applications for business opening and operating licenses concerning investments to be carried out or activities to be conducted by the public or private sector on immovable properties under the State’s authority and disposal or owned by the Treasury, public institutions or organizations, or natural persons or private legal entities are compliant with the applicable legislation but are not finalized by the competent authority within two months from the date of application, applicants are entitled to submit their applications to the Ministry of Environment, Urbanization and Climate Change, and the provincial directorates may grant the business opening and operating license directly. The provincial directorate shall request the competent authority’s opinion on the file, and following the opinion provided by the competent authority, if the review determines that the application complies with the Regulation, the provincial directorate is authorized to issue the license directly. Applications, reviews, process monitoring and the issuance of licenses within this framework shall be carried out by the provincial directorates.

Expansion of the Definitions of “Accommodation Facilities” and “Public Places of Rest and Entertainment” and Clarification of Related Obligations

Under the Amendment Regulation, the definitions of “accommodation facilities” and “public places of rest and entertainment” have been expanded, and, in connection with these definitional changes, the scope of certain administrative obligations has been redefined.

  1. The definition of “accommodation facilities” has been expanded to expressly include new and alternative accommodation models such as holiday villages, apart hotels, rural tourism facilities, mobile homes, accommodation-oriented picnic areas, accommodation-oriented forest parks and luxury tents. In addition, within the wording of the definition, the reference to customers’ needs has been revised by replacing the term “overnight stay” with “accommodation”, thereby further broadening the scope of the definition.
  2. The definition of “public places of rest and entertainment” has been restructured by introducing a reference to Annex-3 (List of Public Places of Rest and Entertainment), and, within this framework, day-use facilities, entertainment centers, tourism complexes and holiday resorts have been expressly included within the scope of the definition.
  3. In line with the expansion of these definitions, the scope of the provision regarding identity notification obligations has also been broadened. Accordingly, the identity notification obligation, which was previously limited to “operators of hotels, motels, camps and similar accommodation facilities”, has been extended by replacing this wording with the expression “operators of all accommodation facilities.” As a result of this amendment, the obligation to maintain identity and arrival–departure records and to keep such records readily available for inspection by law enforcement authorities now expressly applies to alternative accommodation models included in the expanded definition of accommodation facilities, such as holiday villages, apart hotels, rural tourism facilities, mobile homes, accommodation-purpose recreation areas, forest parks with accommodation, and luxury tents.

Consolidation of Occupancy Permit and Fire Safety Report Requirements for Accommodation Facilities

Under the Amendment Regulation, the provision regarding the obligation to obtain an occupancy permit and a fire safety report for the licensing of accommodation facilities has been added to the section on common minimum conditions for sanitary establishments. This amendment consolidates these obligations, which were previously set out in different articles of the Regulation, into a single provision expressly applicable to all facilities within the expanded definition of accommodation facilities.

Regulations on Physical and Technical Requirements for Accommodation Facilities

The Amendment Regulation introduces additional provisions regarding the physical and technical conditions of accommodation facilities. In this context, the exterior façades, interior walls, floors, ceilings and roof cladding materials of such facilities are required to be well-maintained and of appropriate quality. Accommodation facilities must ensure that heating is provided through central systems or air conditioning, that adequate natural or mechanical ventilation is available in all areas, and that there is a continuous supply of hot and cold water. Furthermore, where the number of floors accessed by guests for ascending or descending exceeds three, a passenger elevator must be installed. Elevators are required to be equipped with alarm systems and ventilation mechanisms, and the installation of kitchens or kitchenettes in guest rooms is expressly prohibited.

New Rules on Tourism-Oriented Short-Term Rental Properties

The Amendment Regulation clarifies the licensing and operational requirements applicable to tourism-oriented short-term rentals (such as Airbnb and similar platforms). Accordingly, where more than five residential units within the same building are rented for tourism purposes under the same owner, obtaining a business opening and operating license becomes mandatory. In addition, no more than 25% of the residential units within a building may be rented for this purpose by the same person.

To commence such activity, unanimous approval of all co-owners of the building is required. Where the activity is carried out within a residential complex, unanimous approval of the co-owners of all buildings within the complex must be obtained. These regulations aim to ensure that tourism-oriented short-term rental activities are conducted within a more controlled and predictable framework.

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

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