Short-term rentals: for the Tar the ban in Florence is no longer valid. The new mayor: let's go ahead
Administrative judges declare the appeals against the stop ordered by former mayor Nardella to be 'inadmissible': the rule was not included by the municipality in the new operational plan and is therefore outdated
4' min read
4' min read
The Municipality of Florence's ban on the registration of short tourist rentals in the UNESCO area of the city's historic centre is outdated: the rule, inserted as a variant to Florence's town planning regulations, has not been confirmed by the new operational plan devised by the now former mayor and now MEP Dario Nardella (Pd). For this reason, the Tar of Tuscany has ruled, the rule is to be considered lapsed and consequently appeals against the ban are "inadmissible". The decision was looked upon with great interest because the Florentine capital was the first in Italy to go down the road of legal restrictions against overtourism, a trend that is also recorded in other European cities. The administrative judges, however, did not go into the merits of the measure.
The Tar: unambiguous choices are needed for urban planning rules
In its ruling, the Regional Administrative Court, however, dismantled the arguments with which Palazzo Vecchio had supported the coexistence of the stop on short-term rentals with the new operating plan (in which the ban does not exist) at least until the latter's publication. An idea that "has no foundation", indeed "adhering to such a prospect would be tantamount to endorsing the artificial fractioning of the activity of governing the territory through the coexistence of different disciplines brought about by formally autonomous sources". Hence the call for a correct management "of urban planning" that "requires unambiguous choices and does not tolerate the coexistence of contradictory rules whose composition would end up being entrusted to arbitrary criteria".
Appeals
.A group of subjects including Codacons, Confedilizia, Property Managers Italia, Apartments Florence, ClearBnb, Colony Capital, Etesian and other individuals had appealed against the decision of the Municipality of Florence, adopted on 2 October 2023, to the Regional Administrative Court.
The resolution wanted by the Nardella council passed in the city council with the favourable vote of the PD, Lista Nardella, Sinistra Progetto Comune and the group leader of the M5s, and with the contrary vote of Italia viva (which was part of the majority) and the entire centre-right.
For the Codacons this is a ruling 'that fully recognises the reasons of the consumers' and owners' association'.

