INVESTMENT IN TURKEY
A QUICK GUIDE FOR TOURISM INVESTMENTS IN TURKEY
 
1
REGULATORY FRAMEWORK

Tourism Encouragement Law No. 2634 and the relevant secondary legislation such as Decrees and Communiques form the regulatory framework of the tourism sector in Turkey.

2
WHICH AUTHORITY DEALS WITH TOURISM INVESTMENTS?

The Ministry of Culture and Tourism is in charge of regulating and supervising the tourism sector in Turkey. With regard to the tourism investments, the General Directorate of Investments and Enterprises of the ministry deals with all relevant transactions and advisory works. That’s why, for any further information, potential investors are advised to contact this Directorate General through

Address: Yatirim ve Isletmeler Genel Müdürlügü, Ismet Inönü Bulvari No: 5 06100 Emek/ANKARA, TURKEY
Tel: +90 312 212 83 74
Fax: +90 312 212 83 97
E-mail: yatirimisletme@kulturturizm.gov.tr

Potential investors based in the UK can also contact the Tourism and Cultural Counsellor to the Turkish Embassy in London, who represents the Ministry of Culture and Tourism, through

Address: TOURISM AND CULTURAL COUNSELLOR'S OFFICE
4th Floor, 29-30 St James's Street London SW1A 1HB
Tel: +44 (0)20 7839 7778
Fax: +44 (0)20 7925 1388
E-mail: info@gototurkey.co.uk
Web: www.gototurkey.co.uk

3
SITE SELECTION FOR INVESTMENTS
 
a
Privately-owned lands

It is important to find out whether the land on which a tourism facility is to be built is allocated to tourism purposes according to the official Public Works, Development and Construction Plan (the “Official Plan”) (‘Imar Plani’ in Turkish). This information can be gathered from municipalities for the lands within municipal borders and from the Directorates of Public Works (Bayindirlik ve Iskan Müdürlügü’ in Turkish) for the rural land.

It is impossible to build a tourism facility unless the official Plans label the relevant land as ‘tourism land’.

Some lands may not have been covered by any official plans. In such cases, potential investors can have those lands covered in tourism zones by taking some necessary actions. Those investors are advised to contact the General Directorate of Investments and Enterprises of the Minister of Culture and Tourism for further information.

b
Allocation of State-owned lands within tourism zones to tourism investments

State-owned lands which have been described as tourism zones/centres by a Council of Ministers Decree and that have been labelled as ‘tourism land’ according to the official Plans can be allocated to the use of private investors (The relevant Decrees issued by the Council of Ministers and the contents of some of them are presented in the appendices).

The step-wise transactions are as follows:

1) The Ministry of Culture and Tourism announces that such regions will be allocated to tourism investment.

2) Potential investors provide the Ministry with the necessary documents in line with the relevant regulation (Kamu Arazilerinin Turizm Yatirimlarina Tahsisi Hakkinda Yönetmelik).

3) The Ministry evaluates the applications taking into account the financial capacity and sector experience of the applicant as well as the contribution to be made to the infrastructure investments and level of integrity to the sector.

4) The potential investor found to have offered the best investment plan is granted a 6 month investment preliminary-permit provided that necessary documents regarding the activities for that period such as Guarantee Letter amounting to 5% of the total fixed investment cost, a notarised letter of commitment, business plan and a reference letter from a bank are presented to the Ministry.

5) Within this 6 month period, the investor is supposed to

  • Establish a Joint Stock Company with a capital of at least 50% of the total amount of investment,
  • Provide the Ministry with a copy of the Trade Registry Gazette which announces the company has been established.
  • Get a ‘tourism investment certificate’ from the Ministry provided that the steps described in the aforementioned regulation have been taken.

6) Upon the issuance of ‘‘tourism investment certificate’, the company is supposed to provide the Ministry with the followings within one month:

  • A Guarantee Letter of 10% of the total investment costs (with no time limitation)
  • A notarised letter of commitment which confirms the definite allocation conditions are accepted
  • A notarised copy of Business plans with regard to all activities from construction to start of business.

7) Upon the fulfilment of Step (6), the company is granted the ‘Use/ Sharing/ Access Right’ ( Irtifak Hakki) by the Ministry of Finance.

8) The company is supposed to get a ‘Building Usage Permit’ (Yapi Kullanim Ruhsati)

9) Upon the completion of all above steps and having properly documented those events, the company is granted a ‘Tourism Operation Certificate’.

c
Allocation of State-owned lands outside tourism zones to tourism investments

You can ask the Minister of Culture and Tourism to have a land outside the tourism zones allocated to you for tourism investment purposes.

In such cases, you are supposed to provide the Ministry with;

  • A map of Scale-1/25000 which covers the land in question ratified by the Local Directorate of Public Works
  • A robust business plan that outlines all issues such as the features of the facilities to be built, infrastructure, marketing and operating strategies etc.
  • A report explaining the financial status of the investors.

Then, the procedures described in (b) are followed.

d
Allocation of Forestry lands tourism investments

Potential investors who plan to invest in a forestry land/forest are required to apply to the Ministry of Forests and Environment in line with the relevant regulation. (5.4.1995 tarihli "Orman Arazilerinin Tahsisi Hakkinda Yönetmelik)

4
TOURISM INVESTMENT CERTIFICATE

As explained above, investors are required to provide the General Directorate of Investments and Enterprises of the Ministry of Culture and Tourism with the necessary documents in line with the relevant regulation (06.07.2000 tarihli Turizm Tesisleri Yönetmeligi & 18.08.2000 tarihli Turizm Tesisleri Yönetmeligi'nin Uygulanmasina Dair 2000/1 No'lu Teblig) so as to get a Tourism Investment Certificate.

5
CONSTRUCTION PERMIT

So as to start constructing a building, a Construction Permit is required.
Having prepared the necessary engineering documents such as static & reinforced-concrete assessment, instalments and fittings, ventilation and air-conditioning, electricity network, landscape, decoration etc. an investor is supposed to get a construction permit from the relevant municipality (or the local Directorate of Public Works for the land in rural areas).

An investor who has been granted a Tourism Investment Certificate by the Ministry of Culture and Tourism and an investment incentive certificate by the Undersecretariat of Treasury is exempt from all construction permit-related levies.

In case the investment is to be made in a forestry zone/forest and some trees need cutting, then the investor is required to take permission from the Regional Directorate of Forests. (Orman Bölge Müdürlügü)

6
BUILDING USAGE PERMIT

Investors are to get a permit from municipalities (or the local directorate of Public Works) for starting using the buildings constructed. The evaluation process regarding the issuance of permit heavily focuses on safety issues.

7
TOURISM OPERATIONS PERMIT

When an enterprise is ready to start the business, it is supposed to get a Tourism Operations (Trial) Permit from the Ministry of Culture and Tourism.

8
INCENTIVES

With regard to the State incentives, investors are advised to read through all relevant documents posted at incentives pages.

In addition to the incentive schemes explained on the abovementioned website, the enterprises with Tourism Incentive Certificates are granted electricity subsidies by the State.

Moreover, investors can get investment credits from Türkiye Kalkinma Bankasi AS (Turkish Development Bank) at comparatively favourable costs provided that they submit the Tourism Investment Certificate and Investment Incentive Certificate as well as other relevant documents to be asked by the Bank such as engineering and project details.

9
SUPPLEMENTARY INFORMATION

The detailed information on all transactions with regard to tourism investments are presented at website of Ministry of Tourism and Culture.

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