Recent developments
The Regulation Amending the Regulation on the Qualifications of Tourism Establishments (“Amending Regulation“) came into effect upon its publication in the Official Gazette dated 31 August 2026. You can access the text of the Amending Regulation here (in Turkish).
The Amending Regulation introduces a limited exception to the prohibition on establishing rights subject to annotation, such as condominium ownership and construction servitude, over the accommodation units of tourism facilities meeting certain conditions, by amending Provisional Article 1 of the Regulation on the Qualifications of Tourism Facilities No. 1134 dated 31 May 2019 (“Regulation No. 1134“).
What does the Amending Regulation introduce?
Under the Amending Regulation, an eighth paragraph has been added to Provisional Article 1 of Regulation No. 1134. Regulation No. 1134 governs the procedures and principles regarding the issuance of tourism certificates to tourism facilities, the determination of the management, personnel and operational characteristics of these facilities, as well as the physical requirements and operational standards they must comply with, and the approval of promotion, information and applicable price tariffs.
Pursuant to Article 13(8) of Regulation No. 1134, tourism facilities providing accommodation services are to be considered as a single independent section. In this context, rights subject to annotation such as timeshare, construction servitude and condominium ownership cannot be established over the accommodation units of such facilities, and agreements relating to use, utilization and management cannot be annotated in the land registry. In the event of a breach of this prohibition, a “tourism certificate” shall not be issued to the relevant facility.
Furthermore, pursuant to the aforementioned provision of Regulation No. 1134, in applications for tourism investment certificates on parcels where the construction of accommodation facilities is deemed appropriate under the zoning plan, contracts providing for the utilization of accommodation units in tourism facilities or the transfer of the use and management of such units to third parties, as well as arrangements for the establishment of timeshare, construction servitude or condominium ownership and for the use of the immovable property subject to the tourism facility for purposes other than the accommodation facilities specified in Regulation No. 1134, are not accepted by the Ministry of Culture and Tourism. Regulation No. 1134 also expressly provides that the tourism certificates of facilities found to have acted in violation of the said restrictions shall be revoked.
The Amending Regulation introduces an exception to the prohibition set forth in Regulation No. 1134 regarding the establishment of condominium ownership and construction servitudes over accommodation units located in tourism facilities providing accommodation services.
The exception shall apply to tourism facilities where the following conditions are cumulatively met: (i) the facility is located in an area designated exclusively for commercial use under the zoning plan prior to 1 June 2019, (ii) the facility holds a partial tourism operation or tourism operation certificate, and (iii) condominium ownership or construction servitude exists over the accommodation units belonging to the same owner.
For accommodation units meeting all of the aforementioned conditions, Article 13(8) of Regulation No. 1134 shall not apply insofar as the establishment of condominium ownership and construction servitudes is concerned. Accordingly, the existence of condominium ownership or construction servitudes over the accommodation units of tourism facilities providing accommodation services shall not be deemed a violation of Regulation No. 1134. The existence of condominium ownership or construction servitudes over the accommodation units of tourism facilities providing accommodation services that satisfy the conditions set forth in the Amending Regulation shall not result in the revocation of the tourism certificates of such facilities.
This exception introduced by the Amending Regulation applies solely to facilities meeting the aforementioned conditions and does not constitute an absolute exemption from the prohibition on establishing condominium ownership or construction servitudes over the accommodation units of tourism facilities providing accommodation services.
Conclusion
Although limited in scope, the Amending Regulation introduces a significant exception regarding the ownership structure for tourism facilities that are located in areas designated exclusively for commercial use under the zoning plan prior to 1 June 2019, that have condominium ownership or construction servitudes established over accommodation units belonging to the same owner, and that hold a partial tourism operation or tourism operation certificate. It is important for the owners and operators of tourism facilities to assess whether their existing ownership structures meet the conditions set forth in the Amending Regulation and fall within the scope of this new exception.
