B& owner pays more expenses only if there is a unanimous go-ahead

Easter is approaching and people are already planning their summer holidays. So it is interesting to return to the subject of short-term rentals in the light of the changes introduced by the legislation. Let us start with the numbers, those of the Ministry of Tourism. At the beginning of April there were 625,540 registered facilities, 537,006 national identification codes issued, of which 9,765 were under administrative verification. Slightly less than 86% of the structures therefore complied at least with the issue of the Identification Code, which you can find in the ads of the main platforms such as Airbnb and Booking.

Pay attention also to compliance with safety regulations, however, i.e. the presence in the flat of a fire extinguisher and a combustible gas and carbon monoxide detector required by law 191/2023. If the property you have rented is without these, it is a good idea to report this.

The issue ofsafety must be a priority, in single houses as well as in condominiums, where in order to be able to exercise short-term rental activity it is necessary - as is well known - not to contravene any regulatory clause. The latter must be clear in providing limitations, but many legal rulings dispel any doubts. The activity of bed and breakfast is in all respects referable to that of a rooming house, says Supreme Court Ruling 24707/2014, and more recently the Supreme Court, Ruling 2770/2025, specified that the prohibition to use flats and other internal rooms as 'lodging houses' includes B&s. Again, the Supreme Court (judgment 21562/ 2020) clarified that if the regulation prohibits commercial activities inside the building, short rentals cannot be started.

If the regulations do not prohibit it, the owner of a flat - but also the tenant if the rental contract does not expressly prohibit it - can allocate the whole flat or only certain rooms for shortterm rentals without the prior consent of the condominium meeting. The flat used for short rentals pays the condominium expenses according to the millesimal tables and despite the more intensive use by guests of the stairs, lift, electric gate, waste disposal, the owner cannot be asked to contribute more. The Court of Rome (judgement 1271/2024) ruled, however, that a condominium resolution that unanimously provides for a 30% increase in expenses by the owner, who in the case of noisy guests - it should be clarified - can be identified as responsible for the offence of disturbing the public peace pursuant to Article 659 of the Criminal Code, is legitimate. What if the owner of the B& commits tax irregularities? A complaint can be made to the Guardia di Finanza, if the violation can be proven. The complaint can also be initiated by a private individual by calling the number 117.

Another issue is that of the reception of guests which, in compliance with Article 109 of the Consolidated Law on Public Security, must take place by allowing the verification of the correspondence between the document and its bearer and, therefore, de visu (Ministry of the Interior Circular 38138/2024). It is worth remembering that accommodation cannot be delegated to the building caretaker: it is not part of his duties and would be a service rendered exclusively to one or a few owners, an activity that would divert him from the tasks provided for by the national contract (security, cleaning, maintenance, mail management). Not legitimate are the keyboxes, theremoval of which continues in the historic centres of cities of art.