The rules of tourism

Short-term rentals: for the Tar the ban in Florence is no longer valid.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to be 'inadmissible': the rule was not included by the municipality in the new operational plan and is therefore outdated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of Florence's ban on the registration of short tourist rentals in the UNESCO area of the city's historic centre is outdated: the rule, inserted as a variant to Florence's town planning regulations, has not been confirmed by the new operational plan devised by the now former mayor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".

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Appeals

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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'.

New Mayor Funaro: let's move forward

However, the new mayor of Florence Sara Funaro (Pd), elected last June, lets it be known that the battle waged by her predecessor continues. "We are going ahead without delay: in the first useful session of the junta I will bring the approval of the variant to reaffirm the stop to short rentals. There remains the inertia of a government that is indifferent to the problems of overtourism that afflict cities of art like Florence. I will continue to ask the government for national measures that are increasingly urgent'.

Nardella: no rejection, now rules in Brussels

Nardella keeps to the point. The road taken by Florence is 'the right one': 'The TAR does not enter into the merits and does not declare the Municipality's resolution illegitimate. Therefore, no rejection by the administrative judges'. The Dem MEP says that he has 'initiated a debate in Brussels with the European deputies of the Spanish, French and Dutch delegations in particular. Our goal is to formally urge the European commission, as soon as it is installed, to issue rules that give mayors and local and regional authorities incisive powers to regulate the phenomenon of tourist rentals and limit or block them in certain areas of cities and for certain periods. These instruments are necessary to facilitate an active policy on affordable housing prices'.

Airbnb, good news the Tar ruling

The Tar's decision, according to Airbnb, 'is good news for Florentine families who would like to share their homes to make ends meet. Airbnb is a support for thousands of Italians: a third of hosts say the extra income helps them maintain their properties and combat the rising cost of living. However, we recognise the challenges that the historic centres of cities of art such as Florence face; this is why we renew our willingness to collaborate on effective regulations, including through a new legislative framework of reference'.

Aigab: now let's hope other cities do not imitate Florence

For Marco Celani, president of Aigab (Association of short-term rental managers), the ruling "defeats the actions of the Nardella junta, demonstrating that the road of restrictions on short-term rentals taken by mayors by arbitrarily modifying town planning regulations is wrong. The ruling clearly states that the same legislator, having passed the previous urban planning variant with a new regulation, without this time inserting the restrictions that should have limited overtourism, in fact considers the phenomenon outdated. In short, a big mess that we hope other Italian cities, starting with Bologna and Venice, will not want to imitate'.

Property managers: on short rentals we won

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The ruling, comments Lorenzo Fagnoni, president of Property Managers Italia, 'marks a clear victory for entrepreneurs and many citizens, with a defeat and a historic figure of Palazzo Vecchio. We are happy, but we hope that the municipality will learn its lesson and stop with damaging spot measures".

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