Home » Short-term rental bill, the crux of the minimum stay. Airbnb: protecting owners

Short-term rental bill, the crux of the minimum stay. Airbnb: protecting owners

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Short-term rental bill, the crux of the minimum stay.  Airbnb: protecting owners

Short-term rental bill, the crux of the minimum stay

The “mission impossible” of the legislative office of the Ministry of Tourism, led by Daniela Santanche, to regulate short-term rentals. The ministry has prepared and shared with the operators of the sector the decree which aims to “provide a nationally uniform discipline on short-term rentals. Aimed at tackling the risk of oversized tourism compared to local accommodation potential and at safeguarding the residential nature of historic centers and preventing depopulation”.

Second Airbnb, the world‘s largest operator of short-term rentals, “some doubts remain about the limitations that would affect small private properties. Also in the light of the proposal for an EU regulation on the matter”. However, Airbnb stressed that “national harmonization of registration codes she is welcome. Because it guarantees a more linear context to those who rent the family property to make ends meet and allow the authorities to access information necessary to address abuses. However, Airbnb hopes “to be able to contribute to the work table”.

Among the novelties is article 3 which talks about National identification code to counter the fragmentation with respect to the twenty Regional Identification Codes (Cir) that currently exist. It will also be mandatory for OTAs (online travel agency, online tourist agencies). And sanctions are defined, with article 6, borne by all subjects (Ota, owners and property managers) who disregard it.

Minimum stay of two nights

Furthermore, with article 4 (limitations of leases for tourist purposes) a minimum stay of two nights for municipalities with a high tourist density which, according to Istat, are just under a thousand out of 78,882 Italian municipalities. In short, the short-term rental is not a hotel, even if this is already understood since they are not provided catering services for which you need to have an authorization from Bed&Breakfast.

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One night rentals are 5%

There is however one exception. The large families identified by a parent and three children who will still be able to book a night only in the houses promoted online in the municipalities ad high tourist density. Second Marco Celaniad of Italianway and president of Aigab the Italian association of short-term rental managers, the number of one-night stays weighs approximately 5% of the value of bookings in the sector. «The economic impact of this measure is definitely depressive – said Celani when asked by the economic newspaper Il Sole 24 Ore -. Only part will be recovered from hotel world and another will turn into extended nights elsewhere or black. Furthermore, even for large families it will be difficult to stay overnight, since who will comply with the law will apply a minimum stay of two nights and the possibility of staying two nights should no longer be found on the market because no one will be able, also for reasons of privacy, check the consistency of families”.

Il property manager

The bill paves the way for official recognition of the figure of property manager confirming the obligation for the same to act from withholding agentcollecting and paying on behalf of the owners the dry coupon. An obligation that actually already exists but which creates perplexity in the owners who wonder if the platforms actually pay the tax to the state. Another problem is that the amount to be taxed for short-term rentals it is gross, i.e. it includes all expenses (condominium, utilities and waste taxes) and therefore also the dry coupon at 21% represents a burden impossible to bearin this form, for the owners.

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The national identification code

A new element, under the lens of the operators, is that the Ddl establishes that the national identification code replaces the regional one. Affirming the supremacy of the Ministry of Tourism to centralize the activity of gathering information, even if the regions remain the subjects that will have to grant the Chins. While the municipalities will have to control the application of Cin on all platforms and on all channels of promotionsincluding the door of the building.
On the subject of penalties, not exposing the Cin for every ad will cost the host, manager or platform from 300 a 3mila euro. While the owner lacking Cin will risk a fine from 500 to 5 thousand euros. The control and the sanction will be up to the municipal police or to the police. Finally, Article 5, if correctly interpreted, establishes the formal recognition the role of the professional manager. Not so much with the obligation to certified reporting beginning of activity, already in force since 1990 and fulfilled by professional managers. But with the request to Istat to provide a specific Atec code that identifies the category.

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