Tourism

Short-term lettings: a 30 per cent cap is set to come into force in Naples from December

The restrictions on individual buildings will not come into effect straight away: regulations must first be put in place. The limit will be enforced via a platform designed to monitor capacity

by Annarita D’Ambrosio and Giuseppe Latour

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IMAGOECONOMICA

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

The 30 per cent cap on short-term lets in certain neighbourhoods of the historic centrein Naples will not come into effect immediately. First, implementing regulations are needed: the administration’s aim is to bring them before the council in October, so that the measure can come into force from December. In the meantime, however, there is a risk that a rush to set up new short-term lettings will begin, in order to circumvent the restrictions.

What does the amendment entail?

The planning amendment recently approved by Naples City Council is based on two key elements designed to limit this type of tenancy: the obligation to changethe designated use, changing it to A/2 (accommodation for tourist use), and the restriction stipulating that, in the building where the short-term let flat is situated, the floor area allocated to this purpose may not exceed 30 per cent. The section relating to changes of use comes into force immediately, whilst the provision on the 30 per cent cap requires implementing regulations.

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Platform under development

The text will need to set out the operational details of the platform that will enable the space designated for short-term lets to be made available. In practice, when the SCIA application for a change of use is submitted to the one-stop shop for building permits, it will be linked to to the SUAP and will allow you to check whether there is sufficient free floor space in your building to ensure you do not exceed the 30 per cent limit. After thirty days (the period within which the local authority may block the SCIA), the change becomes final and the floor space allocated to short-term lettings will be committed.

The deputy mayor and councillor for Urban Planning, Laura Lieto, explains the work currently underway: ‘The digital platform is nearing completion; we will implement it in accordance with guidelines approved by the City Council. Users will be able to register on the platform, where the procedures for applying for changes to vertical and horizontal land-use designations will be made available. The platform will also enable real-time, proactive checks on the capacity of individual buildings and will clarify specific cases relating to the saturation of the threshold. Furthermore, the platform will serve as a tool for administrative transparency and will guarantee public access to information.”

The risk

The area already allocated in the past will be measured against the new limits: therefore, if a building exceeds the limit, the application cannot be submitted. It is precisely here, however, that one of the problems of the coming weeks arises. The risk is that, during this transitional phase, there will be a rise in applications for changes of use aimed at tying up available floor areas. Although the local council reserves the right to carry out more rigorous checks should there be a suspicious increase in SCIA applications.

Business activities

The restrictions also apply, under a different category, to individuals who carry out the activity on a commercial basis (for example, those who let out at least three flats). The 30 per cent cap does not apply to them; however, they are already obliged to change the property’s designated use to the new dedicated category non-hotel accommodation. The problem is that these changes are subject to minimum floor area requirements, which vary depending on the type of building. Consequently, it may be the case that their properties are not of a suitable size for an accommodation business.

Appeal alert

Operators are waiting to read the regulations, but have not ruled out an appeal to the Regional Administrative Court, as many doubts remain. Mario Morra, regional representative of Aigab (Association of Short-Term Rental Operators) and member of the Campania Region’s Tourism Observatory, explains: ‘It will need to be clarified what happens in the grey area between the regulation coming into force and the platform becoming operational, as well as the sensitive issue of retroactivity. The local council reiterates that the amendment is not retroactive. Formally speaking, this is true, but the 70/30 calculation includes the existing non-commercial stock. In substance, therefore, there is an impact on the existing situation. As for the new designated use, does the owner of a property classified as A/2 have to restrict the property to a single use, or can they retain flexibility? And does the change oblige a Docfa cadastral amendment? If so, the new classification would also affect the property’s assessed value’.

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