Author Topic: Holiday Let New Controls  (Read 114549 times)

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Offline Volkan Hacıgümüş

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Re: Holiday Let New Controls
« Reply #200 on: March 31, 2017, 22:02:02 PM »
Hi Everyone,

I am the manager in legalrentalsturkey.com and I was informed of the questions here so wanted to clearify some of the questions with hopes to help.

I hold a BA and MBA in Business. I studied in USA, UK and Turkey and managed the largest Turkish company for 9 years before I decided to move to Dalyan and establish a very small tour company.

I am also a chairman in DOKTOB (Dalaman Ortaca Koycegiz Tourism and Hotelier Assocaton) and a member of TURSAB (The Association of Turkish Travel Agencies)

Turkish and EU laws are clear that it is publics responsibility to know the laws and it is civil organisations that should inform the public. As DOKTOB and TURSAB we have been doing this since 2013, however with the last legislation we thought people may need to get in to details to find the most cost effective and beneficial way to be a legal short term rental.

So we approached the governor of Mugla. With his help and cooperation of Ortaca mayor and Chief Jandarma officer and the municipiality, we started to establish an informative website offering free information and services. So legalrentalsturkey.com offers free information and help on registering as well as subsidization system to property owners to find the lowest cost model. You do not need our services to do this, we can just show you and you can form your own system. We are not selling anytjing and/or demanding anything from you. We are a civil organization doing our public responsibility.

These laws regulating short term rentals were planned in 2009 with the decleration of fight with unregistered economy. Since than 4 laws passed to regulate the short term rentals. In 2010 the “Short term Rental” was defined as a property that is rented continuously and subsecuently in a given year and an effort given to market. So if you have a property that you rent more than 1 time a year or you are advertising it than it is a short term rental.

In 2013 another law passed clearifying that short term rentals will have to be managed under hotel/pension laws and they would need the necessary licenses. Fines for not complying was 138 liras and it was municipialities duties to control.

Now wi,th the last legislation, the fines are 10,380 liras on 1st offence and you are reposting via GIYKIMBIL to police/jandarma and tax office.

All information can be found on our website and I repeat: We are just tourism professionals trying to do our social responsibility duties. Unless you want to go to a tour with us, we are not selling anything. We are working with the government and we can repeat everything we say here or on our website in front of any government official ur before any court of Law. Please don’t be spectical before reading and learning what we do.

Regarding our website not functioning for 4 days. It was due to Google Chrome’s update. Not us. We informed google regarding the glitch they had so they fixed it and the site functions for chrome users too now. Before commenting please think twice because we are doing everything in our power and I personally am putting every single resource I have in my life to support tgis project just so you can get the right information. It does hurt sometimes to read very harsh and unjust comments.

Due to skepticism aroused in dalyan regarding our work, we asked the Governor to establish a meeting to inform all Emlak offices. So they did with the attendance of the Chief Jandarma captain Evren Ekmekci and representatives from the mayors office and municipiality as well as civilian jandarma officers responsible of GIYKIMBIL system. You can check this by calling the governors office or ortaca municipiality.

We are here to help and all information on our site came from highest authorities in Ankara and Mugla. Laws are clear and understandable and all presented on our website.

Emlak offices are not qualified to give you the right answers. You just speak with certified public accountants or mayors office to get the right answers. Do not hesitate to contact us if you need information or help. We can lead you to right authorities or even arrange a meeting in your local area with the highest authorities attendance.

We have the answer to every single one of your questions, asked and answered by the undersecretary of internal affairs. We will continue to do our best to help and answer all your questions and do accept legal responsibility of everything we say.

Best Wishes,
Volkan Hacıgümüş





Offline Volkan Hacıgümüş

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Re: Holiday Let New Controls
« Reply #201 on: March 31, 2017, 22:18:40 PM »
Dear Mr. Ibrahim Ozdemir;

We have read your document with the tax office registration process. I can say that it is mostly correct with one exception. ı think you are disregarding the municipality laws that require Pension/htel license for any hospitality service in their province. this was confirmed by mugla Big City Municipality and Ortaca Municipality that they will not allow apartments/villas to host guests without municipality license granted to COMPANIES ONLY, which also requires a Turkish Citizen and Turkish Speaking mandate manager to be resident in turkey at all times of the business is operating. They say this according to following law in 2013. Please lets work together to enlighten all effected by the law. My email is volkan@legalrentalsturkey.com and we had the opportunity to meet with our Prime Minister last week in mıugla and our Minister of Tourism visiting us in dalyan on April 13th. please read the law below and we are looking forward to your interpretation:

TRANSLATION FOR FELLOW FORUM MEMBERS:

Ministry of internal affairs circular regarding short term rentals
Turkish Republic
Ministry of Internal Affairs
General Management of Governors Offices

No: 26554408.010.06.01/6094 26/11/2013
Subject: Houses rented in short term

To the governor of ———— city

Reporting of residency is a mandatory that is regulated under the law 5490, article 50. reporting of temporary residential status is regulated by the law 1774 and its reported by the facilities that offer short term hospitality service. For not complying with law 1774 and not informing authorities of the short term stays in hospitality facilities would result in fines and sanctions and the applications of this law is supervised by the police/jandarma.

As per explained above, its known that some apartments and residences are used as pensions/hotels and/or facilities that hosts students. It is clear that pensions and student dormitories are legislated under “Opening a Business with A Business Licence” laws that were passed in 10/08/2005 with the declaration in legal gazette with number 25902 and are required to obtain a business license and municipality license and they can not operate without these. It is required by law that these residential properties that are used as pensions and or dormitories to be regulated by said laws.

As these premises cause a security risqué, to be able to fight against crimes and to establish better security, to resolve the problems in application of the above said laws, following precautions will be taken:

APARTS, RESIDENTIAL PROPERTIES AND HOMES THAT ARE RENTED IN SHORT TERMS AND THOSE WHICH HOSTS STUDENTS WILL BE INSPECTED BY LAW OFFICERS FIRMLY. The reports on said apartment, parts and residences and their owners/managers will be communicated with the authorities immediately.

If any incomplience with above said laws found, within the boundaries of law and without violating the rights of a person necessary actions will be taken to fine the said premises

It is clear that residences that are rented to gusts as a short term rental falls under the legislation no 1774 that regulates the informing of authorities for short term residencies. As per the law declared on the official gazette on 13/07/1974 with number 14944, those who rent their residences on short term basis must register their guests, keep records of their arrival and return dates, their identification information and declare under the Short term residencies Declaration law to local authorities.

As per this circular, it is ordered to local authorities to follow the compliance with this law according to said laws above and report the result of their inspections to our ministry with highest importance.

Signiture:
Minister of Internal Affairs
Muammer Guler

-------------------------

THE ORIGINAL DOCUMENT

Günübirlik Kiralanan Yerler konulu içişleri Bakanlığı Genelgesi
T.C.
iÇiŞLERi BAKANLIĞI
iller idaresi Genel Müdürlüğü

Sayı : 26554408.010.06.01/6094 26/11/2013
Konu : Günübirlik Kiralanan Yerler

……………..VALiLiĞiNE

Yerleşim yeri adresi beyanında bulunma, 5490 sayılı Nüfus Hizmetleri Kanununun 50 nci maddesinde düzenlenen zorunlu bir bildirimdir. Geçici konaklamada bildirim ise 1774 sayılı Kimlik Bildirme Kanunu hükümlerine göre yürütülmekte, kişilerin beyanları çerçevesinde geçici konaklama hizmeti veren işletmeler tarafından yerine getirilmektedir. 1774 sayılı Kanun`da öngörülen usule aykırı bildirim yapılması veya bildirimin hiç yapılmaması idarî yaptırıma tabidir. Kimlik bildirme hizmetleri uzun bir süredir online sistemler vasıtasıyla işletmeler tarafından genel kolluk birimlerine yapılmakta ve kolluk birimlerince denetlenmektedir.
Yukarıda açıklanan şekilde kullanılan apart daire veya rezidansların aynı zamanda öğrencilere yönelik yurt ve pansiyon gibi hizmetler içinde kullanıldığı görülmektedir.Yurt veya pansiyonların,10/08/2005 tarihli ve 25902 sayılı Resmî Gazete`de yayımlanarak yürürlüğe giren işyeri Açma ve Çalışma Ruhsatlarına ilişkin Yönetmelik hükümlerine tabi birer işyeri niteliğinde oldukları, yetkili idarelerden usulüne uygun olarak işyeri açma ve çalışma ruhsatı alınmadan çalıştırılamayacağı açıktır. Yurt ve pansiyon olarak kullanılan bu gibi yerler hakkında söz konusu mevzuata göre hareket edilmesi gerekmektedir.
Genel güvenlik açısından önemli bir risk alanı oluşturan bu yerlerdeki güvenlik açıklarının giderilmesi, suç ve suçluyla mücadelede etkinliğin artırılması, uygulamada yaşanan sorunların çözümlenebilmesi, kanuni, idarî ve mali tedbirlerin alınması bakımından aşağıdaki tedbirler uygulanacaktır:
Günübirlik kiraya verilen apart daire, rezidans veya apart şeklindeki yurt ve pansiyon niteliğindeki yerlere yönelik denetimlere ağırlık verilecektir. Belirtilen apart daire ve rezidanslar ile işletmecileri ya da sahipleri hakkında yapılan tespitler gecikmeksizin ilgisine göre bundan sorumlu kurumlara bildirilecektir.
Buralarda mevzuata aykırılık tespit edilmesi halinde ilgili mevzuat çerçevesinde kişi hak ve özgürlükleri ihlal edilmeden gerekli işlemler yapılacaktır.

Halihazırda öğrenci yurdu olarak kullanılan apart daire, pansiyon ve rezidansların 3/12/2004 tarih ve 25659 sayılı Resmî Gazete `de yayımlanarak yürürlüğe giren Özel Öğrenci Yurtları Yönetmeliğinin yurt binalarında aranacak şartları düzenleyen 6 ncı maddesinde belirtilen bazı şartları taşımadıkları, özellikle can ve mal güvenliği bakımından tehdit oluşturan yangınlara karşı gereken tedbirlerin alınmadığı görülmekte olup, bu konuda eksikliği tespit edilen yerlerle ilgili olarak yetkili mercilerce gerekli işlemler yapılacaktır.
Günübirlik konaklamalarda kullanılan apart daire, rezidans ve benzeri yerlerin 1774 sayılı Kimlik Bildirme Kanunu hükümlerine tabi oldukları açıktır. Bu Kanun ile 13/07/1974 tarihli ve 14944 sayılı Resmî Gazete`de yayımlanarak yürürlüğe giren Kimlik Bildirme Kanununun Uygulanması ile ilgili Yönetmelik hükümlerine göre konaklama yerini işletenler, konaklayanların kimlik bilgileri ile tesise geliş ve ayrılış kayıtlarını örneğine ve usulüne uygun şekilde günü gününe tutmak ve genel kolluk kuvvetlerinin her an incelemelerine hazır bulundurmakla sorumludur. Buna aykırı hareket edenlere aynı Kanunun 15 inci maddesi gereğince idari para cezası uygulanacaktır.

Mülki idare Amirleri başta olmak üzere ilgililer tarafından konunun titizlikle takip edilerek, yetkili idarelerce günübirlik kiralanan yerlere ilişkin işlemlerin yukarıda belirtilen usul ve esaslara uygun olarak yürütülmesini ve uygulama sonucundan Bakanlığımıza bilgi verilmesini önemle arz ve rica ederim.

Muammer GÜLER

içişleri Bakanı

Offline JohnF

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Re: Holiday Let New Controls
« Reply #202 on: March 31, 2017, 22:20:26 PM »
managed the largest Turkish company for 9 years

Oh that's interesting, which company is that then?

Looks like we might have a bit of a bun fight as well   :)

JF

Offline Volkan Hacıgümüş

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Re: Holiday Let New Controls
« Reply #203 on: March 31, 2017, 22:23:40 PM »
ıts called Nergis Holiding in bursa, owned by Cavit Calgary and ex ministry of economy. ı had 17,500 workers. you can check my credentials.

Offline Volkan Hacıgümüş

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Re: Holiday Let New Controls
« Reply #204 on: March 31, 2017, 22:24:23 PM »
Sorry auto correct, Nergis Holding is owned by Cavit Caglar

Offline Volkan Hacıgümüş

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Re: Holiday Let New Controls
« Reply #205 on: March 31, 2017, 22:28:53 PM »
Dear Mr. Ibrahim;

I kindly invite you to Dalyan to attend in the meeting with the Mugla Governor and Minister of Tourism 2 weeks later. please contact me for details. Your comment regarding friends can not stay in your place, do you have a legal ground on that? Can you send us the regulation? because internal affairs clearly states: "Friends and family who stay in your residential home are registered once they enter the country of their temporary residency, therefore no need for a registration.

however, once there is a sign of business activity, i.e: an advertisement or proof of rental more than once in a year, where the property owner makes an effort to market their property for rental, than it must be registered as business. Once its registered as business, you have to inform even yourself when you are staying there. GIYKIMBIL has separate entries for guests, workers and owners.

Please don't get me wrong, I am not questioning your integrity, just want to find the best answers for readers.

Offline JohnF

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Re: Holiday Let New Controls
« Reply #206 on: April 01, 2017, 11:18:10 AM »
ıts called Nergis Holiding in bursa, owned by Cavit Calgary and ex ministry of economy. ı had 17,500 workers. you can check my credentials.

That's disappointing, so it's just a large company as opposed to the largest.  I was expecting you to tell us you'd been running Sabanci or Koç or TurkTelecom!

I'm not sure I have any interest in "your credentials" as such, integrity and transparency in your interactions with members is far more important.

Personally speaking, knowing that your are a partner in a firm specifically set up to profit from these changes, does make me consider your motives in being so vocal on here and on the FT article.  The same applies to the accountant, who so kindly prepared a short document stating what he could do for folks.

For many members this is an important issue and, in true Turkish bureaucratic style, it would appear to have many grey areas - my advice to members would be to seek truly independent advice before committing to any agreement with a third party, whether they be accountant, tour operator or otherwise.

Enjoy your time on CBF and I look forward to you participating in all topics, not just those where you have a financial interest.

JF

Offline Volkan Hacıgümüş

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Re: Holiday Let New Controls
« Reply #207 on: April 01, 2017, 11:36:36 AM »
hi JF;

I think being in Turkey and i am being Turkish, making a mistake in English Grammar can be forgiven.

I repeat, I have no business ,interest in legalrentalsturkey.com. This website was established under my tourism association membership ID.

We were put in this work with the request of the Governor of Mugla.

Just spoken to mr Ibrahim, accountant, he will reply here because he now realises his words were misinterpreted . He was only giving information regarding registering for a tax, not being a host for tourists as a short term rental. Totally 2 different things

For me i am doing my public service, and now i have done it by giving the infırmation. ıts up to people to take it or leave it.

best Wishes,
Volkan

Offline JohnF

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Re: Holiday Let New Controls
« Reply #208 on: April 01, 2017, 11:48:39 AM »
I think being in Turkey and i am being Turkish, making a mistake in English Grammar can be forgiven.

Volkan, your written English is excellent so I'm more than happy to accept it was a simple mistake, as opposed to you overstating your credentials.

I repeat, I have no business ,interest in legalrentalsturkey.com. This website was established under my tourism association membership ID.

You're listed as Managing Director on the web site and you introduced yourself here as the manager of legalrentalsturkey.com.

You can't have it both ways. 

JF

Offline Volkan Hacıgümüş

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Re: Holiday Let New Controls
« Reply #209 on: April 01, 2017, 13:21:24 PM »
hi JF,

As explained in many different platforms, we had to run this project under a company to be able to help people. regardless it is a NON-Profit or Profit based company, they must have a worker/manager. Even charities have managers. They can have managing directors. managing director doesn't mean that he has a business interest in the operations. We have helped hundreds of people so far registering and/or getting the right information. We haven't asked anyone for a single penny. I think thats a proof. Anyways, we are here to help if anyone needed it, otherwise its fine.

Best Wishes,
Volkan




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