At the weekly regular Board of Directors meeting of the Alanya Tourism Operators Association (ALTİD), current legislative and regulation changes closely concerning the tourism sector were discussed. With the new regulation regarding the ownership structure of tourism facilities, the way was cleared to preserve existing condominium and construction servitude practices in facilities that meet certain conditions.
At the weekly regular Board of Directors meeting held under the chairmanship of ALTİD President Cem Özcan, the association's weekly activities, as well as current developments and legislative changes in the tourism sector, were evaluated.
Among the regulations discussed at the meeting, the change implemented through the Regulation on Amending the Regulation on the Qualities of Tourism Facilities, which concerns the ownership structure of tourism facilities, stood out.
Within the scope of Presidential Decree No. 11706, which entered into force upon being published in the Official Gazette with the signature of President Recep Tayyip Erdoğan, an exception has been introduced for certain facilities located in areas designated solely for commercial use in zoning plans before June 1, 2019, and which hold a tourism enterprise or partial tourism enterprise certificate. According to the regulation, if the accommodation units in the subject facilities belong to the same owner and if there is condominium ownership or construction servitude over these units, the eighth paragraph of the thirteenth article of the regulation shall not be applied.
CURRENT OWNERSHIP STRUCTURE WILL BE PROTECTED
With the new regulation, the existing condominium and construction servitude structures in facilities meeting the specified conditions will not be considered in violation of the regulation.
In the previous application, however, provisions were applied whereby the facilities providing accommodation services were evaluated as a single independent unit, and rights such as condominium ownership, construction servitude, and timeshare ownership were not established over the accommodation units. In the event that a violation of these conditions was detected, it was possible for the tourism certificate not to be issued or for the existing certificate to be canceled.
With the amendment made, facilities that were established with the specified qualifications before June 1, 2019, and whose accommodation units belong to the same owner, were excluded from the scope of the said restriction.
IT IS IMPORTANT FOR ESTABLISHED FACILITIES
The regulation is considered to be of importance for tourism facilities experiencing legal uncertainty due to ownership structures established in past years. With the amendment, while an important regulation is made towards the protection of existing ownership rights in facilities meeting certain conditions, it is aimed to reduce the legal risks that investors and operators may encounter in ownership processes.
In the assessment made by ALTİD, it was stated that legislative changes concerning the tourism sector are being closely monitored and that members will continue to be informed about current developments.