With the new regulation published in the Official Gazette on December 11, 2025, significant changes were made to the Regulation on Business Opening and Operating Licenses. These changes aim to eliminate grievances arising from the failure of municipalities to finalize license applications within the specified time frame by reorganizing the procedures to be followed. According to the regulation, if a business opening and operating license is not issued by the authorized administration within 2 months from the application date, even though the application has been made in accordance with the Regulation, the Ministry of Environment, Urbanization and Climate Change is authorized to issue the business opening and operating license ex officio. The provision also stipulates that the business opening and operating licenses to be issued will be issued by the Provincial Directorates of the Ministry of Environment, Urbanization and Climate Change. Therefore, the Provincial Directorates are authorized to issue these licenses ex officio for applications that comply with the legislation but are not finalized by the municipalities within 2 months from the application date. Article 45/A of the aforementioned Regulation contains the following provision:
Article 45/A
(1) In cases where an application is made by the operators in accordance with this Regulation regarding investments or activities to be carried out by the public or private sector on immovable properties under the control and disposition of the State or owned by the Treasury, public institutions or organizations, or natural persons or private legal entities, and the authorized administration does not issue a business opening and operating license within two months from the date of application, the Ministry of Environment, Urbanization and Climate Change is authorized to issue a business opening and operating license ex officio in return for the fee specified in the Annual Unit Price List of the Revolving Fund Management Directorate of the Ministry of Environment, Urbanization and Climate Change.
(2) Business opening and operating licenses to be issued pursuant to this article shall be issued by the provincial directorates of the Ministry of Environment, Urbanization and Climate Change.
(3) In case of a license request by the operator pursuant to this article, the provincial directorate shall request the opinion of the authorized administration regarding the file. The competent authority shall inform the provincial directorate of its opinion on the matter within fifteen days at the latest, by thoroughly explaining the reasons for not carrying out the procedures related to the business opening and operating license. If no opinion is given within the specified period, it shall be deemed that a positive opinion has been given regarding the application. If, after the opinion given by the competent authority, it is understood that the request complies with this Regulation during the examination of the file within fifteen days at the latest, the provincial directorate is authorized to issue a license ex officio. If any irregularities or deficiencies are detected during the examination, these irregularities and deficiencies shall be notified to the applicant within the same period. Upon application after the irregularities have been rectified or the deficiencies have been completed, the provincial directorate is authorized to issue a license ex officio. If a license is issued by the provincial directorate, a certified copy of the issued license, the application/declaration form and its annexes shall be sent to the competent authority within three working days at the latest after the license is issued.
(4) Provincial directorates cannot conduct inspections of a final nature based on the license and shall inform the competent authority of the matter of conducting an inspection, along with information regarding the issued license, within three working days at the latest. If the competent authority fails to conduct an inspection within the timeframes stipulated in this Regulation despite notification, the responsibility lies with the competent authority.
(5) If, during inspections conducted by the competent authority, issues requiring the cancellation or updating of the license are identified, the situation, along with its justifications, is reported to the provincial directorate for the necessary action.
On the other hand, the Regulation amendment included a clear definition of public rest and entertainment venues and accommodation establishments.
Article 4
g) Public rest and entertainment venue: The day-use facilities, entertainment centers, tourism complexes, holiday resorts, hotels, motels, guesthouses, campsites and similar accommodation establishments opened for the entertainment, relaxation or accommodation of individuals or groups, listed in the annex (ANNEX-3 LIST OF PUBLIC REST AND ENTERTAINMENT VENUES) of this Regulation; casinos, pavilions, taverns, bars, beer halls, restaurants serving alcoholic beverages, taverns and similar places serving alcoholic beverages; cinemas, cafes and reading rooms; electronic game venues containing electronic game devices and machines, video and television games, regardless of their name, provided that there is no intention of gambling or profit, but rather that they are of a nature that enhances knowledge and skills or develops intelligence; Internet cafes, amusement parks, circuses and similar places, …
r) Accommodation place: Hotel, holiday village, motel, guesthouse, apart hotel, rural tourism facility, mobile home, picnic area for accommodation purposes, forest park with accommodation, campsite, luxury tent and similar places whose main function is to provide accommodation for customers, …
This regulation also makes the building occupancy permit and fire department report mandatory.
In addition, in accordance with the Regulation on Fire Protection of Buildings, it is foreseen that inspections will be carried out by the authorized administrations in accommodation places that have been given until December 31, 2025 to remedy deficiencies requiring a process for material procurement. If a fire department report showing compliance with the Regulation on Fire Protection of Buildings cannot be submitted as a result of these inspections, it is stipulated that these establishments will be prohibited from operating until May 31, 2026.
The time granted under this regulation is intended to allow for the necessary repairs and alterations within the building to rectify any discrepancies or deficiencies requiring the preparation of a fire safety report. Therefore, businesses cannot operate within this period. The regulation also states that businesses failing to submit a fire safety report by the end of this period will have their business licenses revoked and will be closed.