Short rentals, self check-in ban falls. Lazio Regional Administrative Court rejects Viminale's circular letter

"The Lazio Regional Administrative Court annulled the Ministry of the Interior's circular of 18 November 2024 that introduced the obligation of de visu recognition of guests in homes rented out for short term rentals": this was announced by Aigab (Italian Association of Short Term Rental Managers).

'We are already in contact with the government to provide our know-how in order to obtain full recognition of the remote recognition technologies used, demonstrating our role in supporting the institutions,' adds the association's president, Marco Celani.

The Interior Ministry's clampdown on keyboxes dates back to November: these are the push-buttons used to allow tourists to proceed with self check-in when arriving at a flat without the manager's presence. In a circular letter, the Viminale had clarified that the automated remote identification of guests in accommodation facilities does not meet the requirements of the law, reiterating the managers' obligation to provide accommodation only to persons with identity documents and to communicate the guests' personal details to the territorially competent police headquarters within 24 hours.

An appeal against the Viminale's circular had been lodged by the Federation of Associations of Extra-Hotel Accommodation (Fare), which was upheld by the Regional Administrative Court of Lazio. The administrative court, says Fare, considered the circular 'contrasting' with the 2011 reform and 'not sufficiently justified'. "The ruling confirms what Fare has always maintained: safety cannot be an excuse to slow down the evolution of the sector and burden those who work in compliance with the law with improper responsibilities," comments Elia Rosciano, president of the national federation.

"The Tar recognised, in short, that identification de visu is not provided for by Article 109 of the Tulps; the measure was disproportionate and not justified by real needs; the circular violated the principles of legality and equal treatment; the burden imposed was excessive and damaging, especially for the non-hotel sector, which does not have the same structural resources as large hotels".