Council of State Annulled the Consent Requirement for Short-Term Rentals of Timeshare Properties

The Law No. 7464 on the Rental of Residential Properties for Tourism Purposes and Amendments to Certain Laws¹ provided the short-term rental of residential properties for tourism purposes in Türkiye with a legal framework.

Subsequently, General Circular No. 2024/2 (“Circular”), issued by the Ministry of Culture and Tourism, made it mandatory for timeshare owners to obtain a permit certificate in order to rent their timeshare units for tourism purposes and required applicants wishing to rent out their registered usage period to apply after obtaining the consent of the owners of the other usage periods and, where there was more than one independent unit in the same block, the consent of all rights holders therein.

This regulation caused practical problems, particularly in timeshare projects with a large number of rights holders, giving rise to situations where the consent requirement was impossible to satisfy in practice.

In the annulment lawsuit filed in this regard, the 4th Chamber of the Council of State, by its decision dated 4 February 2026 with File No. 2025/3041, Decision No. 2026/336, annulled the provision of the Circular requiring timeshare owners to obtain the consent of the owners of the other usage periods and all rights holders in the same block in order to engage in short-term tourism rentals.

The key aspects of the Council of State’s decision are as follows:

• An obligation that is not expressly prescribed by law cannot be introduced by an administrative circular.
• The consent requirement imposes obligations on rights holders that are impossible to fulfil in practice.
• In its current form, the relevant provision of the Circular constitutes a disproportionate interference with the right to property. Restrictions imposed on the right to property must have a statutory basis and comply with the principle of proportionality.

However, the Council of State’s annulment decision does not mean that timeshare properties are no longer subject to any regulation. The decision relates only to the additional consent requirement introduced by the Circular; all other obligations set out under Law No. 7464 and the relevant legislation remain in force.

The decision is currently under appeal and has not yet become final. Upon appeal, the Plenary Session of the Administrative Law Chambers of the Council of State may uphold, amend or reverse the decision.

¹ For further details, please see our client alert on “Law No. 7464 on the Rental of Residential Properties for Tourism Purposes and Amendments to Certain Laws” here.