REGULATION ON THE AMENDMENT TO THE REGULATION RELATED TO THE WORKPLACE OPENING AND BUSINESS LICENSE 11 June 2020

“The Regulation on the Amendment to the Regulation Related to the Workplace Opening and Business License” prepared by Ministry of Environment and Urbanization came into force by President’s Decision numbered 2626 and  published in the Official Gazette dated 09.06.2020 and numbered 31150.

The following arrangements are included in the relevant Regulation;

• The definitions of “workplace” and “class determination” have been added.
  • oIn this context, the workplace; is defined as fixed or mobile places allocated to or used in a commercial, industrial, agricultural or professional activity or enterprise, located in open or closed areas on land or water. On the other hand, class determination, is defined as the determination of the class of the enterprise that is not classified by this Regulation.
  • oAlso the authority to determine the class for of non-sanitary enterprises has been given to the Ministry of Health.
• A regulation is also made regarding the necessity of search for the provisions of legislation in force in the workplace transfers. With the mentioned regulation, it is clarified that the information and documents in the transfer file and the physical properties of the workplace should comply with the legislative provisions in the workplace transfers, which were previously uncertain. It is announced that a maximum period of 6 months will be given to eliminate the aforementioned contradictions, and it is underlined that the transfer will not be possible if the contradictions are not resolved within this period.
• In the workplaces to be opened within the scope of the regulation; it is necessary to have a certificate of mastery from themselves or people working with them within the scope of Vocational Education Law No. 3308, if these are not available, the diploma or one of the course completion documents according to the Law No. 5580 on Private Education Institutions must be obtained.
• In cases where contradictions and deficiencies are detected in the audits, 15 days for one time will be given to the manager and these issues will be requested to be resolved. If the contradiction is not resolved within the specified period, administrative fines are envisaged. In addition, it has been imposed that sanitary enterprises will be banned from activity for up to 15 days, and non-sanitary enterprises will be banned from activity until the contradiction and deficiency are eliminated.
• It is stated that the auto galleries cannot be opened in places that appear as housing in the title deed, they will be opened in collective workplaces first, and there cannot be another independent section used for housing purposes in the building where the office is located.
• It is compulsory to have at least 1 machine or electrical engineer and at least one machine or electrical technician for regular control and maintenance of these workplaces in indoor and outdoor playgrounds, entertainment, sports and adventure parks, circus and amusement parks.
• If the conditions related to life and property safety are fulfilled for the workplaces that have a building registration certificate for commercial purpose, the right of licensing will be granted to the workplaces “without seeking an occupancy permit”.
• Electric vehicle charging stations are also included within the scope of the regulation as third class non-sanitary enterprises, and the way has been opened to ensure that these can be installed individually in place, such as car parks, fuel stations and shopping centers, deemed appropriate by authorized administrations.