Significant Amendments Introduced to the Regulation on Business Opening and Operating Licenses

Introduction

The Regulation Amending the Regulation on Business Opening and Operating Licenses, published in the Official Gazette dated 11 December 2025, introduces substantial amendments to the Regulation on Business Opening and Operating Licenses (the “Regulation”), which entered into force pursuant to the Council of Ministers’ Decision No. 2005/9207 dated 14 July 2005.

The amendments mainly affect licensing authority, accommodation facilities, public entertainment venues, tourism-oriented rental properties and non-hazardous industrial establishments. We summarized the changes below.

Ministry of Environment, Urbanization and Climate Change is Granted Ex Officio Licensing Authority

Article 45/A, introduced to the Regulation, significantly strengthens the role of the central administration in the licensing process.

Accordingly, where an operator submits a compliant application under the Regulation for investments or activities to be carried out by the public or private sector on immovable properties owned by the Treasury, public institutions, private individuals or private legal entities, and the competent authority (municipality or special provincial administration) fails to issue a business opening and operating license within two months from the application date, the Ministry of Environment, Urbanization and Climate Change (the “Ministry”) will intervene upon the applicant’s request.

In such cases, the Ministry is authorized to issue the license ex officio, against payment of the fee specified in the Revolving Fund Enterprise Annual Unit Price List. Licenses issued under this mechanism will be granted by the Ministry’s provincial directorates.

Upon submission of the license application to the Ministry, the provincial directorate seeks the opinion of the competent authority regarding the application file. The competent authority must submit its opinion, including detailed reasons for failure to process the license, within fifteen days. Failure to respond within this period will be deemed as a positive opinion.

If, following its review, the provincial directorate determines that the application complies with the Regulation, the license will be issued ex officio.

Expansion of Definitions and Scope

With the amendment to the Regulation, the definitions of “public entertainment and leisure venues” and “accommodation facilities” have been revisited, and the categorization of tourism complexes, entertainment centers, day-use facilities, mobile homes, rural tourism facilities, luxury tents and similar activities has been clarified in an explicit and unambiguous manner.

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

For accommodation facilities, obtaining an occupancy permit and a fire safety report has become mandatory.

Detailed Minimum Physical and Technical Standards for Accommodation Facilities

With the amendment to the Regulation the minimum standards for accommodation facilities have been comprehensively revised. Accordingly, the exterior façade, interior walls, floors, ceilings and roofing materials of such facilities must be well-maintained and of adequate quality.

Heating must be provided through a central system or air conditioning, sufficient natural or mechanical ventilation must be ensured throughout all areas, and continuous access to hot and cold water must be available.

Where the number of floors used by guests exceeds three, the installation of a passenger elevator has been made mandatory, and elevators are required to be equipped with alarm and ventilation systems.

Introduction of a New Regulatory Framework for  Tourism Oriented Rental Properties

With the amendment to the Regulation, the licensing regime applicable to tourism-oriented rental properties, excluding high-qualified residences, falling within the scope of Law No. 7464 dated 25 October 2023 on the Rental of Residences for Tourism Purposes has been clarified. Accordingly, where the number of independent units subject to a permit in the same building under the same lessor exceeds five, obtaining a business opening and operating license has become mandatory.

In this context, such activity must be limited to no more than 25% of the independent units within the building; the opening of the business requires the unanimous consent of the condominium owners, and where the property is located within a residential site, the unanimous consent of the owners of all buildings within the site is required. The relevant independent units must be registered as residential properties in the land registry or be subject to residential condominium or construction servitude, and the operator must be the owner of the residence or a party holding usufruct or superficies rights over the property.

In addition, with respect to these properties, it is deemed sufficient that the necessary fire safety measures are in place, and no separate obligation to obtain a fire brigade report has been introduced.