How to Check Whether Franchise Premises Meet Licensing Requirements in Turkey

When joining a franchise network, ensuring that your planned business can legally and technically operate from the chosen premises is just as important as choosing the right brand. A busy street, affordable rent or the brand’s approval of the location does not, on its own, mean you will be able to open. This guide provides a practical sequence of checks to assess whether premises meet licensing requirements and set a realistic opening timetable before committing to a lease and franchise agreement in Turkey.

1. Distinguish brand approval from regulatory compliance

A brand’s assessment of a location usually focuses on visibility, customer access, floor area and shop layout. The competent authority, by contrast, determines whether the proposed activity can be carried out at that address. These are not the same assessment. Do not treat a franchisor’s statement that “we have approved this location” as an official decision confirming that a licence can be obtained.

Turkey has no separate law specifically governing franchise agreements, no general mandatory registration requirement for franchise systems and no requirement to provide a standard pre-contractual disclosure document. This does not, however, exempt the business from permit requirements. The Turkish Code of Obligations, Law No. 6098, applies to contractual and lease relationships, while the Turkish Commercial Code, Law No. 6102, applies to commercial relationships. Other general legislation may also apply, depending on the nature of the arrangement.

One of the main regulations governing business openings is the Regulation on Business Opening and Operating Licences. Planning, fire safety and activity-specific rules must also be considered. The allocation of responsibilities in a franchise agreement does not remove the requirements imposed by the competent authority.

At your first meeting, ask the brand this question in writing: “Which technical and legal checks does your location approval cover, and which must I arrange myself?” Check the answer against the relevant schedule to the agreement.

2. Prepare a document file specific to the address and proposed activity

Start your licensing checks with a detailed description of the proposed activity, not just the address of the premises. Selling only pre-packaged products, for example, may involve different technical requirements from on-site production, cooking and customer seating. Ask the brand to make these differences clear in its standard shop plans.

Request the following documents from the landlord or their authorised representative:

• Title deed details and documents confirming authority to let the premises.
• The building occupancy permit and relevant approved plans showing the premises’ authorised use.
• Any previous business licence and documents relating to alterations to the premises.
• For buildings under condominium ownership, the building management plan and relevant decisions concerning common areas.
• Existing technical records for flues, ventilation, electrical capacity and fire safety measures.

Simply having these documents is not enough. Have them checked for consistency with one another and with the premises’ current physical condition. A mezzanine missing from the approved plans, an enclosed common area or an altered exit could create additional costs and approval problems.

Nor does a previous operator’s licence automatically mean that your new activity is permitted. Confirm separately with the competent authority what procedure applies to a change of operator, the scope of the proposed activity and the status of the existing licence.

3. Obtain written guidance and a technical assessment before signing a lease

Approach the authority responsible for issuing the licence with your activity description, draft layout and existing documents. In most cases, this will be the relevant municipality, although responsibility can vary according to the location and activity. Verify the required documents, technical conditions and application sequence directly with the responsible department.

A preliminary consultation or written response does not replace the final licence. It nevertheless provides a firmer basis for assessment than a verbal assurance that “there should be no problem”. Record which document answers each question, and keep a separate list of unresolved issues.

Ask an architect or an appropriate technical specialist to compare the brand’s proposed design with the premises’ existing condition. In particular, the assessment should answer these questions:

• Can the required ventilation and flue routes be installed?
• Can fire safety, escape route and accessibility requirements be met?
• Are the electricity, water and wastewater systems sufficient for the proposed use?
• Are additional approvals needed for signage, external equipment or use of common areas?

The Condominium Ownership Law, Law No. 634, and the building management plan are particularly relevant to some uses. For example, opening certain types of business in a unit registered as residential on the title deed may require the unanimous consent of the unit owners. Do not assume that the same approval rule applies to every shop; ask a lawyer to assess the specific proposed use.

4. Align the lease and franchise timetables around the same conditions

One of the most serious risks is that rent payments and franchise opening obligations begin before the necessary permits have been obtained. Do not, therefore, review the two agreements in isolation. Put the handover of the premises, the start of fit-out works, design approval and the target opening date on a single timeline.

Ask for the lease to state the permitted use clearly and specify the documents the landlord will provide, the alterations they will allow and the works they will complete. It should expressly address what happens if a licence cannot be obtained or obstacles arising from the property come to light. These provisions must be drafted with regard to the mandatory legal rules applicable to the particular lease.

The franchise agreement should clarify the brand’s deadline for approving the design, the date by which it must supply the necessary technical information and the effect of administrative delays on your obligation to open. Do not rely solely on commercial promises that do not bind the public authorities. Set out in writing who is responsible for each type of delay and how additional costs will be shared.

Your budget should cover not only fit-out works but also rent, design revisions, infrastructure upgrades and other costs incurred while waiting for approvals. Review the cash requirements of a delayed-opening scenario with your accountant. Licensing uncertainty is more than a scheduling issue.

Practical takeaway: Before committing to premises, finalise your activity description, have the document file reviewed by technical and legal advisers, and confirm the requirements with the competent authority. Then base both the lease and franchise timetables on the same assumptions about permits and approvals.