Tourism Facilities Implementation Regulation

Institution: Ministry of Culture and Tourism
Date of Approval: 06.07.2019
Official Gazette Date: 06.07.2019
Official Gazette No: 30823

CHAPTER ONE: Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1 - (1) The purpose of this Regulation is to determine the procedures and principles regarding the planning of tourism facilities certified by the Ministry of Culture and Tourism located on immovables allocated for tourism within cultural and tourism protection and development regions and tourism centers according to zoning plans, in order to make these facilities highly qualified by complying with planning, technical, health and sustainable environmental conditions.

Scope

ARTICLE 2 - (1) This Regulation covers the procedures and principles regarding the planning and construction conditions in accordance with planning, technical, health and sustainable environmental conditions for tourism facilities certified by the Ministry of Culture and Tourism, located within cultural and tourism protection and development regions and tourism centers as defined in this Regulation, to make these facilities highly qualified.

(2) The provisions of this Regulation also apply to tourism regions and tourism areas identified and announced before the date this Regulation entered into force.

Basis

ARTICLE 3 - (1) This Regulation has been prepared based on Article 37 of the Tourism Encouragement Law No. 2634 dated 12/3/1982.

Definitions

ARTICLE 4 - (1) The terms used in this Regulation are defined as follows;

  • a) Ministry: Ministry of Culture and Tourism,
  • b) Minister: Minister of Culture and Tourism,
  • c) Building entrance hall: The hall between the main entrance door of the building and the stairwell and elevator,
  • ç) Attic floor: Spaces that remain within the roof slope, belonging to the independent section below, connected internally to this section or arranged as separate sleeping units, including terraces,
  • d) Gazebo: A structure made of wood or similar light materials, open on the sides and covered on top, designed to protect from sun and rain and to provide shade,
  • e) Canopy: A constructive structure open on the sides and covered on top, made to protect from sun and rain,
  • f) Floor hall: Common circulation areas connecting the units to each other and to the stairs,
  • g) Partial tourism operation certificate: The partial tourism operation certificate defined in the Regulation on the Qualifications of Tourism Facilities, enacted by the Presidential Decree No. 1134 dated 31/5/2019,
  • ğ) Winter tourism centers: Cultural and tourism protection and development regions and tourism centers declared for winter tourism purposes under Law No. 2634,
  • h) Tourism facility: Four and five-star hotels and four and five-star holiday villages certified according to the provisions of the Regulation on the Qualifications of Tourism Facilities, included in tourism investments or where tourism operation activities are conducted, including their details and complementary elements,
  • ı) Tourism investment certificate: The tourism investment certificate defined in the Regulation on the Qualifications of Tourism Facilities,
  • i) Tourism operation certificate: The tourism operation certificate defined in the Regulation on the Qualifications of Tourism Facilities.

CHAPTER TWO: General Principles

General Principles

ARTICLE 5 - (1) Tourism facilities defined in Article 4 can benefit from the provisions of this Regulation.

(2) Building permits for tourism facilities are issued in accordance with the provisions of this Regulation and the matters included in the implementation zoning plan.

(3) To benefit from the provisions of this Regulation, it is mandatory to present the tourism investment or partial tourism operation certificate issued by the Ministry regarding these tourism facilities to the relevant authority during the building permit issuance process.

(4) Upon the Ministry's request, a note indicating that the tourism facility (four and five-star hotels and four and five-star holiday villages) is registered in the declarations section of the land registry of the tourism facilities is made; building permits are not issued without this note. However, if the establishment or persons do not have the title deed but have allocation or easement right establishment documents granted by public institutions and organizations, the relevant authority issues the building permit accordingly.

(5) For tourism facilities granted building permits under this Regulation, upon the Ministry's request, a note is made in the declarations section of the land registry stating that the facility cannot be used for purposes other than the tourism facility specified in this Regulation, that condominium ownership and floor easement cannot be established on the immovable where the facility is located, and that independent sections cannot be created.

(6) Tourism facilities that do not apply for or cannot obtain a partial tourism operation certificate or tourism operation certificate after the expiration of the tourism investment certificate period, or whose partial tourism operation certificate or tourism operation certificate is canceled, will have their business opening and operating licenses canceled. Upon the Ministry's request, necessary notes are also made in the declarations section of the land registry regarding these tourism facilities.

(7) In the zoning plans approved within the scope of Cultural and Tourism Protection and Development Regions, Tourism Centers, Tourism Regions, and Tourism Areas whose boundaries are determined and announced under Law No. 2634, immovables with forest status including the first section of the coastal strip where tourism facilities defined in this Regulation can be constructed are also shown as Tourism Facility Areas in the parts of the first section of the coastal strip. The floor area ratio (FAR) calculation is made over the entire tourism facility area. However, applications in the parts of these areas within the first and second sections of the coastal strip are carried out as defined in the Coastal Law No. 3621 dated 4/4/1990 and the Regulation on the Implementation of the Coastal Law published in the Official Gazette No. 20594 dated 3/8/1990. The FAR in the second section of the coastal strip can be at most 0.20 of the area designated as the second section. The remaining construction rights are used in the area outside the coastal strip.

(8) The provisions of this Regulation cannot be changed by plans or regulations to be issued by metropolitan and provincial municipalities, and provisions contrary to these in plans cannot be applied.

Construction Principles

ARTICLE 6 - (1) The following uses in tourism facilities are not included in the base area:

  • a) Courtyards and inner gardens at natural ground or leveled ground level or below this level.
  • b) Gazebos, pergolas, canopies, detachable kitchen units not made of reinforced concrete, open swimming and ornamental pools that are not arranged as independent units or are not annexes of independent units and are not integrated with the main load-bearing systems of the building.
  • c) Open or covered ground terraces with detachable light materials.
  • ç) Garden walls and retaining walls made for landscaping and security.
  • d) Control or guard booths.
  • e) Stairwells and fire safety halls constructed with minimum dimensions and numbers within escape routes other than normal stairs as required by the Regulation on Fire Protection of Buildings enacted by the Council of Ministers Decision No. 2007/12937 dated 27/11/2007.
  • f) Minimum-sized elevator shafts reaching the foundation, light wells, garbage and waste separation shafts, air shafts, shafts.
  • g) Facilities outside the main building such as treatment plants, transformers, generators, rainwater collection pools, domestic waste and recycling tanks, heating centers.
  • ğ) Canopies and arcades.
  • h) Solar panels within the facility, excluding their foundations and bases.
  • ı) Open parking lots.
  • i) Entrance canopies (awnings).

(2) The following uses in tourism facilities are not included in the floor area:

  • a) Uses not included in the base area.
  • b) Common area roof gardens above the top floor.
  • c) Open seating areas covered with detachable light materials even if closed with windproof glass panels on the sides.
  • ç) Atrium and gallery voids.
  • d) 300 m2 of common area worship places and annexes.
  • e) Minimum shelter area required for the building.
  • f) Common area children's playgrounds and childcare units.
  • g) Parking areas.
  • ğ) Installation floors.
  • h) Areas belonging to the building or facility for heating, cooling, installation, water tanks, ventilation systems and energy efficiency systems, treatment plants, grey water collection pools, fuel and water tanks, silos, transformers, generators, heating centers, energy rooms, coal rooms, exchangers and hydrofor sections.
  • ı) Auxiliary and complementary units for food, beverage, sports and entertainment needs and areas to meet maintenance and operation needs in basement floors of tourism facilities.
  • i) Balconies and open projections, floor gardens and terraces, inner courtyards, floor and intermediate landings including open or closed stairwells, building entrance halls where reception and lobby are located, floor halls and elevator front landings, including those closed with detachable, foldable glass panels.

(3) The total of all areas outside the floor area ratio brought by this article or by zoning regulations of relevant authorities shall not exceed thirty percent of the zoning parcel area. However, open pools are excluded from this calculation and are outside the floor area ratio.

(4) Roofs in tourism facilities must be appropriate to the architectural character of the region and the nature and needs of the building. Roofs cannot be constructed in regions where it is not suitable due to local and architectural features. In places where roof construction is not restricted by zoning plans;

  • a) Roof slope in tourism facilities can be at most forty percent. When calculating the ridge height of roofs, the eave upper level given in the zoning status is taken as basis. The difference between the upper floor slab level at the open or closed projection line and the eave upper level can be at most 1.20 meters.
  • b) Roof slope in tourism facilities located in winter tourism centers can be arranged at different angles within the determined building height limit; can be designed as a canopy or wider cover provided necessary precautions are taken to prevent danger from icicles hanging in winter.
  • c) Roof form can be used in relation to different floors without exceeding the determined building height limit.
  • ç) The building can be designed with different forms together with the roof provided the building height is not exceeded and the roof height limit is respected.
  • d) The ridge height of sloped roofs cannot exceed four meters. If necessary, the ridge height can end at 4.00 meters and a terrace roof can continue thereafter.
  • e) Roofs can be hipped, gable or sloped roof surfaces shaped as barrel vaults without exceeding fifty centimeters, without changing the start and end points of the roof.
  • f) Common spaces, rooms and suites connected to rooms on the top floor can be arranged in the attic.
  • g) Minimum height conditions are not required in attic spaces as long as the ridge height is not exceeded and the space remains within the roof slope, considering the intended use.

(5) Symbolic elements can be constructed on hotels after the top roof height without creating usable space.

(6) Multiple basement floors can be constructed within the parcel setback distances. Basement floor heights can be arranged according to needs to obtain necessary height due to technical requirements and special conditions; floors can be combined to obtain the required height. Exposed parts can be inhabited provided they are included in the floor area.

(7) Main entrance gate structures, guard booths and control units, and monumental structures located at facility entrances can be placed between the property boundary and building setback line. Entrance gate structures, guard booths and control units cannot exceed forty square meters.

(8) If an installation floor is constructed; provided the internal height does not exceed two meters, the installation floor is not counted in the building height and number of floors.

(9) Building facade length and depth are not limited by any measurement other than building setback distances and base area limitations.

(10) Internal net height of floors is free provided it does not exceed the number of floors and building height determined by the implementation zoning plan and is not less than 2.70 meters excluding mezzanines.

(11) Provided it does not exceed the number of floors and building height determined by the implementation zoning plan, the ground floor internal height at the main entrance where the reception and lobby are located can be designed to allow different designs as determined by the preliminary project. Reception, lobby, restaurant and similar units can be arranged adjacent to or separate from sleeping units.

(12) Mezzanines are not counted in the number of floors provided they remain within the building height.

(13) Provided the number of floors/building height determined in the plan is not exceeded, lower floor internal heights can be higher than upper floors; building height can be arranged as a single floor. Ground floor can be combined with one or more upper floors to obtain higher volume spaces.

(14) Customer elevators are arranged in tourism facilities in accordance with the principles specified in the Regulation on the Qualifications of Tourism Facilities. Independent sleeping units within tourism facilities that do not exceed three floors are not required to have elevators. Stair widths between floors in these sleeping units cannot be less than 1.00 meter.

CHAPTER THREE: Miscellaneous and Final Provisions

Principles Regarding the Implementation of the Regulation

ARTICLE 7 - (1) In cases where there is no provision in this Regulation, the provisions of the Regulation on the Qualifications of Tourism Facilities and the provisions of the Zoning Regulation for Planned Areas published in the Official Gazette No. 30113 dated 3/7/2017, which are not contrary to this Regulation, shall apply.

(2) The Ministry is authorized to resolve any doubts arising during the implementation of this Regulation.

Tourism Facilities Under Construction

ARTICLE 8 - (1) For tourism facilities that have obtained building permits from the relevant authority as of the date this Regulation enters into force, the provisions of this Regulation shall apply upon request.

Entry into Force

ARTICLE 9 - (1) This Regulation enters into force on the date of its publication.

Execution

ARTICLE 10 - (1) The provisions of this Regulation are executed by the Minister of Culture and Tourism.