The Regulation Amending the Regulation on the Allocation of Public Immovables for Tourism Investments Has Been Published
The Regulation Amending the Regulation on the Allocation of Public Immovables for Tourism Investments (the “Amendment”) has entered into force through publication in the Official Gazette dated 14 May 2022 and numbered 31835.
Significant changes introduced by the Amendment to the Regulation on the Allocation of Public Immovables for Tourism Investments (the “Regulation”) are summarized below:
- The Ministry of Environment, Urbanization and Climate Change has been authorized and reassigned for all duties of the Ministry of Finance under the Regulation.
- The sixth paragraph of Article 11 regarding the contribution fee committed by the potential investor who has been given preliminary permit during the negotiations is repealed.
- It is regulated that the social and technical infrastructure contribution fee paid by the potential investor following the negotiations will not be refunded upon the cancellation of the preliminary permit request as well as the granted preliminary permit, in case the obligations stipulated for the preliminary permit process are not fulfilled.
- It is stipulated that if the preliminary permit is granted for a forest area, the forestation cost of an area which is three times the size of the forest area subject to the preliminary permit and the three-year maintenance cost shall be paid. Likewise, if the preliminary permit is granted for pasture, summer pastures and winter quarters, the cost of grass determined by the relevant administration shall be paid.
- “Luxury tent facilities” is added to the lists including establishment for excursionists, cure center, camping and recreation areas for accomodation purposes, which are subject to special limitations regarding the duration and procedure of the final allocation. Accordingly, if the Ministry of Culture and Tourism determines that it is appropriate to convert the allocations made for accommodation purposes into luxury tent allocations and if the buildings located on this immovable are to be demolished, the cost of the buildings to be determined by the relevant administration will be paid by the investor.
- It is prescribed that no leasing or allocation may be made for the purpose of building accommodation facilities in cultural and tourism conservation and development zones, tourism centers, coastal towns outside these regions and centers, and places determined and announced in accordance with the National Parks Law numbered 2873 and dated 09.08.1983, except for the construction of luxury tents, tents, caravan areas.
- The phrase "transactions within the scope of repurchase rights made by credit institutions" is added to the first paragraph of Article 26 of the Regulation, titled "Social and technical infrastructure services", and these transactions are excluded from the scope of social and technical infrastructure contribution fee to be paid in case of transfer of allocation and company shares.
- Provisional Article 5, which stipulated that the resumption of the allocation for the immovables whose final allocation had been made but for which the right of easement could had not been established by the Ministry of Finance, was not subject to any time limitation, is repealed.
- Provisional Article 13, enabled the application of the provisions of this Regulation to the contracts made by the Ministry of Agriculture and Forestry upon applications made until 28.07.2022.
You may find the full text of the Turkish version of the Amendment here.
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