New Regulations for Establishing and Operating Shopping Centres in Turkey

ShopRegulations have been introduced in Turkey outlining procedures and principles for opening, operating and inspecting shopping centers, as well as respective duties and responsibilities for owners, management and government agencies. The Regulation on Shopping Centers (“Regulation”) was published in Official Gazette number 29636 on 26 February 2016.

The Regulation defines shopping centre as facilities which meet the following criteria:

  • A single building or group of buildings in a specific area.
  • At least 5,000 m2 selling space.
  • Minimum 10 stores, if the shopping centre contains at least one department store or 30 stores if no department store exists.
  • Include shared areas, as specified in the Regulation.
  • Have centralized management.

Shopping centers should contain areas which are available free of charge for:

  • Social and cultural events
  • Playgrounds for children
  • Recreation
  • Immediate medical response
  • Prayers
  • Child care

The owner and management are jointly responsible for safety measures guarding against accidents in these shared areas, along with other requirements for these areas.

The Regulation outlines the cost allocation rules for:

  • Recurring costs (electricity, water, heating, maintenance, security, cleaning, etc.).
  • Common costs which are not related to ownership of the shopping centre.
  • Common costs for un-rented stores.
  • Contributions by stores for the shopping centre’s common interests, such as marketing or management.

The Ministry of Customs and Trade enforces the Regulation and inspects shopping centers regarding complaints. If a shopping centre contradicts legislation, sanctions under Article 18 of the Law on Regulation of Retail Trade will apply.

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