The Regulation Amending the Regulation on Business Opening and Operating Licenses (“Amendment Regulation”), which was published in the Official Gazette No. 32688 dated October 10, 2024, and came into effect on the same date, has introduced several changes to the relevant provisions of the Regulation on Business Opening and Operating Licenses (“Regulation”).
A. What are the Amendments Introduced by the Regulation?
Duplicate Opinion Requests from Governorships Have Been Prevented.
For workplaces located in collective business areas where second-hand motor vehicle trade is conducted, a Governorship opinion is normally obtained regarding the load on the environment, infrastructure, and traffic, as well as the risks to life and property safety. However, with the addition made to sub-clause 8.14.7 under the section titled "Third-Class Non-Sanitary Institutions" in the annex of the Amendment Regulation, if a Governorship opinion has already been obtained for all of these workplaces, no additional Governorship opinion will be required. This regulation aims to prevent duplicate opinion requests and expedite the licensing process
The Method of Calculating the Vehicle Display Area Has Been Changed.
Under the Regulation, the administrative office and reception area must be located at the same address as the vehicle display area, and the common areas of the main property where the business is located cannot be used as vehicle display areas. However, with the addition of the following statement to subparagraph 8.14.11 of the section titled "Third-Class Non-Sanitary Institutions" in the annex of the Amendment Regulation, the calculation of the display area has been further detailed:
"However, annexes located within the plot or plots of collective workplaces, or common areas under Law No. 634 that have been designated with the unanimous consent of all unit owners, may be used as vehicle display areas, provided they are associated with the administrative office and reception area. These designated areas will be considered in the calculation of the vehicle display area as specified in subparagraph 8.14.4”
In this context, if the workplace conducting vehicle displays operates within a complex that can be classified as a collective workplace, the common areas within that complex can be included in the calculation of the vehicle display area during the licensing process. On the other hand, if the workplace conducting vehicle displays is located within a complex governed by the Condominium Ownership Law, it will be possible to include the common areas of the complex in the calculation of the vehicle display area during the licensing process, provided that all unit owners unanimously agree.
The Implementation of Provisions Related to Electric Vehicle Charging Stations Has Been Postponed.
With the sentence added to the first paragraph of Provisional Article 6, the transition period for the implementation of provisions related to electric vehicle charging stations has been extended until 31/7/2025. This regulation aims to provide flexibility in the timeline for establishing electric vehicle charging stations, ensuring that the compliance processes are conducted smoothly.
You can reach the full text of the Regulation
here, and the Amendment Regulation
here.
Aslı Kınsız, Managing Associate
Özgür Diyar Kıyak, Trainee Lawyer
Cemile Tekdemir, Trainee Lawyer