Exception Introduced to the Prohibition on Condominium Ownership and Construction Servitudes in Tourism Facilities

The Regulation Amending the Regulation on the Qualifications of Tourism Facilities was published in the Official Gazette dated 31 August 2026 and numbered 33356 (“Regulation Amendment”). The Regulation Amendment introduces an exception to the prohibition on condominium ownership and construction servitudes for accommodation units meeting certain conditions.

The Regulation Amendment is of particular interest to the owners and operators of accommodation facilities holding tourism operation certificates located in areas allocated to commercial use under the zoning plan.

As is known, following an amendment made to the Regulation in 2024, facilities providing accommodation services were deemed to constitute a single independent section and the establishment of rights subject to annotation, such as timeshare ownership, construction servitudes and condominium ownership, over the accommodation units of such facilities was prohibited. The annotation in the land registry of agreements concerning the enjoyment, use and management of such units was likewise prohibited. It was further provided that tourism certificates would not be issued to such facilities and that the certificates of facilities found to be in breach of these restrictions would be cancelled.

As a result of the Regulation Amendment, the foregoing restriction will not apply, subject to certain conditions, to accommodation units over which condominium ownership or construction servitude has been established. Accordingly, agreements concerning the enjoyment, use and management of such accommodation units may be annotated in the land registry, and tourism certificates may be issued to such facilities, while existing tourism certificates will not be cancelled, provided that: (i) the accommodation units are located in an area that was allocated exclusively to commercial use under the zoning plan before 1 June 2019; (ii) the facility holds a partial tourism operation certificate or a tourism operation certificate; and (iii) the accommodation units belong to the same owner.

However, facilities holding a tourism investment certificate, facilities with timeshare ownership over their accommodation units and facilities whose accommodation units belong to different owners will not benefit from the exception.

The Regulation Amendment entered into force on 31 August 2026.