The new regulation

Short rentals, the single European code arrives

Regulation governing the new system approved: the aim is to increase the traceability of these leases

by Giuseppe Latour and Giovanni Parente

“Nessun Dorma”, insegna della pensione bed and breakfast. Plockton, Ross e Cromarty, Scozia, Regno Unito.

2' min read

2' min read

The single European code for short tourist rentals arrives. While Italy is finalising, with some delays, the operationalisation of the rules it gave itself at the end of the year, the EU framework of rules on the subject is taking a substantial step forward.

On 18 March, in fact, the EU Council gave the green light to the regulation on the collection and sharing of data on these rental services. This is the final step: the text is now expected to be published in the Official Journal of the European Union. It will become fully operational in 24 months.

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The European database

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The turning point of the regulation is the establishment of a single European database of short rentals, which will be able to contain information on a market that in August last year counted 124.7 million overnight stays booked through online platforms. The aim is to increase the traceability of these services, through a harmonised European online registration process.

The ongoing negotiations

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Something very similar to the single national code on which Italy is working. In recent weeks, meanwhile, discussions have been going on between the government and the regions on the platform that will enable dialogue between all the regional software currently in existence. While, in fact, about half of the regions use a single software (Ross1000), the others use different systems. The work in this phase aims precisely at finding a channel for dialogue between these different tools that will enable the launch of the national platform.

Data to be communicated

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Returning to the regulation, this provides for a registration process through which hosts will identify themselves and their properties in detail. For instance, the address, the type of unit, the number of beds, the identity of the landlord (natural or legal person) will be communicated. At the end of this process, a registration number will be issued for inclusion in a public register, which will identify the property, allow it to be rented out and facilitate checks by the authorities.

Crossing with tax data

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In this sense, the regulation should allow, once fully implemented, the cross-referencing with information transmitted to financial administrations through the Dac7 directive. This, in fact, makes it possible to track information on rents placed online by large brokerage portals. The combination of these regulations, although it will increase the burden of compliance for landlords throughout Europe, will be able to reduce the area of undeclared work considerably.

Platform audits

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Online platforms will play a central role. They will have to ensure the 'completeness and accuracy of the data sets transmitted to the competent authorities'. Their interfaces will have to be designed in such a way as to facilitate the submission, even before the advertisement is published, of all the information required by the European rules. They will also have to perform spot checks to 'reduce errors and inconsistencies' in the data transmitted by the hosts; in fact, the platforms will have a responsibility for the veracity of the data transmitted. Member States will have the power to set applicable penalties, so as to make the new rule more effective and binding.

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