Short-Term Tourist Rental Permit Airbnb Law No. 7464 and Fine Appeals in Istanbul

Short-Term Tourist Rental Permit Airbnb Law No. 7464 and Fine Appeals in Istanbul

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Short-Term Tourist Rental Permit Airbnb Law No. 7464 and Fine Appeals in Istanbul

Renting residential apartments to tourists or short-term visitors in Istanbul — especially in high-demand districts such as Beyoğlu (Taksim, Cihangir, Galata, Karaköy), Fatih (Sultanahmet), Şişli, Beşiktaş, Kadıköy, and Sarıyer — is strictly regulated by the Law on the Rental of Residential Properties for Tourism Purposes No. 7464. Under Law No. 7464, any lease of 100 days or less at a time is classified as a tourist rental and requires obtaining a prior Tourism Accommodation Permit Certificate (Turizm Amaçlı Konut İzin Belgesi) from the Istanbul Provincial Directorate of Culture and Tourism. Renting without a permit triggers severe escalating administrative fines starting at 100,000 TRY per apartment (rising to 500,000 TRY and 1,000,000 TRY). Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No: 6281), represents foreign property owners in Law No. 7464 licensing, condominium disputes, and Istanbul Administrative Court annulment lawsuits against municipal and governorate fines.

1. Mandatory Requirements for an Istanbul Airbnb Permit (Law No. 7464 Art. 3)

To legally list an apartment on Airbnb, Booking.com, Vrbo, or social media for stays of 100 days or less in Istanbul, the property owner (or usufruct/superficies holder) must satisfy three strict statutory conditions:

  • Unanimous 100% Consent of All Condominium Co-Owners (Oy Birliği — Law No. 7464 Art. 3/3): For an individual apartment inside a standard residential building, the applicant must submit a notarized decision signed unanimously by all flat owners in the building (Kat Maliklerinin Oy Birliği) explicitly approving short-term tourist rental. (In high-end mixed-use complexes — Yüksek Nitelikli Konut / Rezidans — where the registered Management Plan under Condominium Law No. 634 Art. 28 explicitly authorizes short-term rentals and reception services exist, individual unanimous consent is exempted.)
  • 25% Building Quota & Maximum 100-Day Threshold: If a building contains more than 3 independent units, permits can be issued in the name of the same lessor for at most 25% of the building’s units (and if the same lessor holds more than 5 permitted units in the same building, a Workplace Opening and Operating License — İşyeri Açma ve Çalışma Ruhsatı — is also required).
  • Absolute Prohibition on Subletting by Tenants (Alt Kira Yasağı — Art. 3/7): A residential tenant in Istanbul is strictly prohibited from sub-renting a leased apartment on Airbnb in their own name; only the registered Title Deed owner may apply for the permit.
  • Identity Notification System (Kimlik Bildirimi — Law No. 1774): Permitted hosts must register every guest’s passport/ID details in the Police Identity Notification System (KBS) upon check-in.

2. Escalating Administrative Fines & 30-Day Istanbul Administrative Court Appeal (Law No. 7464 Art. 4)

Governorate Tourism Inspection Teams, municipal police (Zabıta), and tax inspectors continuously cross-check online Airbnb/Booking listings against registered Tapu addresses in Beyoğlu, Şişli, Beşiktaş, Fatih, and Kadıköy:

Violation Under Law No. 7464 Statutory Article Statutory Administrative Penalty Istanbul Court Remedy & Defense
1st Inspection: Unlicensed Rental (≤ 100 Days) Law No. 7464 Art. 4/1-a 100,000 TRY per apartment (subject to annual revaluation) + 15-day compliance period 30-day annulment lawsuit at Istanbul Administrative Court
2nd Inspection: Continuing After 15 Days Law No. 7464 Art. 4/1-b 500,000 TRY per apartment + additional 15-day period Stay of execution (Yürütmenin Durdurulması) & annulment action
3rd Inspection / Unauthorized Subletting by Tenant Law No. 7464 Art. 4/1-c & 4/1-ç 1,000,000 TRY fine (and 100,000 TRY per unauthorized sublet contract) Administrative Court challenge & eviction of subletting tenant (TBK Art. 316)
Long-Term Leases (> 100 Days Single Contract) TBK No. 6098 Art. 299–356 Exempt from Law No. 7464 (No Tourism Permit or 100% consent required) Drafting genuine >100-day notarized lease & Nüfus/utility registration

Frequently Asked Questions (FAQ)

Do leases longer than 100 days require an Airbnb Tourism Permit in Istanbul?

No. Law No. 7464 applies exclusively to leases of 100 days or less at a time. Genuine residential leases concluded for more than 100 days under the Turkish Code of Obligations (TBK No. 6098) do not require a Ministry of Culture and Tourism permit or unanimous neighbor consent. However, signing artificial >100-day contracts while rotating short-term tourists more than four times within a year triggers a 1,000,000 TRY evasion fine under Article 4/2-f of Law No. 7464.

What if my tenant in Beyoğlu, Şişli, or Kadıköy secretly sublet my apartment on Airbnb and a fine was issued to me as the owner?

If a long-term tenant sublets your apartment on Airbnb without your knowledge or written permission, our attorneys immediately serve a 30-day breach and eviction notice under TBK Article 316 and file an annulment lawsuit before the Istanbul Administrative Court proving through the written lease and utility records that the owner was not the operator (invoking the constitutional principle of personal nature of penalties).

How can High-Standard Residences (Rezidans) in Bomonti, Maslak, or Ataşehir bypass the 100% neighbor consent rule?

Under Article 3/4 of Law No. 7464, high-standard residential complexes (Yüksek Nitelikli Konutlar) that feature reception, security, and daily management services AND whose land-registry Management Plan (Yönetim Planı) explicitly permits short-term rentals are exempt from obtaining unanimous 100% individual owner signatures.

What is the deadline to appeal a Law No. 7464 tourism rental fine in Istanbul?

An annulment lawsuit (İptal Davası) against a Governorate administrative fine under Law No. 7464 must be filed before the competent Istanbul Administrative Court within 30 days (or general İYUK statutory period stated on the notice) from formal notification.

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