Properties

Emilia-Romagna: new rules for short-term rentals

The Emilia-Romagna region proposes restrictions and constraints to regulate short-term rentals, causing controversy among operators in the sector

by Giuseppe Latour

Pixavril - stock.adobe.com

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

Emilia-Romagna is preparing a maxi squeeze on short-term rentals. After the Tuscany, also the Region led by the governor Michele De Pascale is preparing to impose an extra burden of charges and planning constraints on this type of lettings, in addition to what is indicated by national regulations. With the clear objective of regulating and reducing the impact of the phenomenon, through a long series of obligations and sanctions.

Approval by end of year

The text has not yet been formally deposited; the regional councillors for Housing, Giovanni Paglia, and Tourism and Trade, Roberta Frisoni, are presenting the proposal to the stakeholders and corrections are not excluded. The timeframe, however, will be tight: the idea is to reach approval within the year. The drafts circulating in these hours already clearly indicate the road the Region intends to take. The text, in fact, aims to "ensure the orderly development of the territory, guaranteeing a balance between the protection of residency and the liveability of urban spaces and neighbourhoods and the promotion of the tourist offer".

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A system that - it must be emphasised immediately - is already highly contested among operators in the sector and is not liked, for example, by Marco Celani, president of the Italian association of short-term rental managers (Aigab): "The number of online flats in the region is small, 0.7% of properties, half the national average, and does not justify an intervention of this kind. Giving these new powers to municipalities is an unnecessary limitation of the freedom of owners, at clear risk of being challenged for unconstitutionality. Above all, I am against the novelties on changes of intended use, because they will lead to a congestion of the market'.

Santanchè "Danno eliminare affitti brevi,far venire fuori il sommerso"

The planned measures

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Returning to the measures, a series of constraints will be triggered for all units intended for short-term rental from the entry into force of the law. First and foremost, they will have to change their intended use: thus, within the tourist-receptive functional category, it will be the specific intended use called short-term rental. After the change of use has taken place, these units will be subject to a number of limitations.

The other pillar of the manoeuvre being studied by the Region concerns, in fact, the planning of local administrations. "The text reads: 'Municipalities,' the text says, 'may identify in their urban planning instruments specific areas of the municipal territory in which the establishment of short-term rental use is permitted, excluded or favoured, or is subject to compliance with specific conditions. Hence, no longer free growth, but the possibility for mayors to set limitations, even very strong ones, by monitoring the urban planning destinations of the properties present on the territory.

Municipalities will thus be able to 'establish, for each area, the maximum percentage of residential building units that can be used for short term rental' In buildings in historical centres 'the plan may also establish the maximum percentage of building units that can be used for short term rental'. It will be possible to 'limit or prohibit building interventions, such as fractioning, demolition and reconstruction, conversion of accessory areas into useful areas, and the recovery of attics', that lead to the creation of units to be rented out for short term rentals.

It will be possible to 'define dimensional requirements and quality standards, in addition to the minimum ones'. And it will be possible to "subordinate the change of use towards short term letting to the existence or realisation of territorial and pertinential features, in order to compensate for the greater urban load produced by this use in the existing urban fabric".

On the building charges front, too, there may be a rather heavy increase. For changes of use, the municipalities, using the tax lever, will be able to 'vary up or down the entity of the unit value of the urbanisation charges due for short-term rental use up to a maximum of 30 per cent'. All these fulfilments will be accompanied by sanctions, with fines of up to 8,000 euro.

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