Short-term lettings: Brussels tightens the rules across Europe. Here’s what’s changing

Europe is tightening the screws on short-term lettings. The European Commissioner for Housing, Dan Jorgensen, has officially presented the draft regulation, which aims to establish, for the first time, a common European framework for tourist lettings. This will give regions and local authorities the power to introduce restrictions in areas considered to be under housing pressure.

 The regulation, as per previews, sets a ratio of eight between average incomes and average property sale prices as a key factor in determining whether an area is subject to excessive housing stress and therefore requires the restrictions to be applied. The other criteria are historical indicators (the growth of this ratio over the past ten years) and projections for the future (the likelihood that this trend will be interrupted over the next three years). However, there is a new provision in the final text: if this ratio exceeds the threshold of ten, this alone is sufficient to justify the restrictions.

In high-stress areas, restrictions on short-term lettings may be introduced. On this point, the regulations give local councils and regional authorities a free hand, without providing specific guidance. The reason is that the measures could vary significantly depending on the area. There could be bans on starting new short-term letting businesses. Alternatively, short-term lettings could be capped at a maximum limit: a limit that could also apply to individual buildings. Furthermore, a cap might be set on the number of nights that can be let each year. Among the most politically contentious measures is the possibility of restricting the use or purchase of properties used for short-term lettings.

The aim of the Commission’s measure is to provide regulatory certainty for local authorities that choose to impose restrictions within the framework of the European single market. To date, in fact, all Italian and European cities that have adopted these measures have faced appeals and challenges: the Tuscan regional law on short-term lettings was even the subject of a challenge before the Constitutional Court (which the Region won). The President of the European Commission, Ursula von der Leyen, says: ‘A year ago, I promised to tackle the issue of housing affordability. Today, we are taking a step in this direction, providing greater clarity and support to local authorities. The lack of affordable housing is a problem for many European citizens. Workers and students cannot afford to live where they work or study.”

This step, however, does not mark the end of the regulatory process. The European Commission’s proposal will now have to be scrutinised by the Parliament and the Council before a final text is agreed. The measure will, however, take the form of a regulation and, once adopted, will be directly applicable in the Member States.