Short-term lettings: an appeal against the regulations has been lodged in Naples

The new rules on short-term lettings, recently introduced by the City of Naples, will be the subject of a legal challenge. The move had been on the cards ever since the adoption of the urban planning amendment that introduced the restrictions on tourist lettings. But now a group of five operators affiliated with Aigab, the association of short-let operators, has officially instructed a lawyer, Pierpaolo Acone, with the association’s support. In short, the appeal is about to be formally lodged.

It should be noted that the measures introduced by the City of Naples have imposed restrictions on short-term lettings, introducing, for the first time in Italia, the principle of thresholds: at least 70 per cent of the floor area of buildings must be retained residential use, whilst the remaining 30 per cent may be used for other purposes, including accommodation, with the creation of a specific cadastral sub-category.

The appellants’ argument challenges, first and foremost, the local council’s figures. Mario Morra, spokesperson for Aigab Campania, says: ‘Of the approximately 440,000 homes in the city, around 1 per cent – that is, 4,700 properties – are used for short-term lets. According to the council, this is demonstrated by online listings, but of these 4,700, only the active listings – which account for about half – should be taken into account. There are listings that have been inactive for months, so those properties are no longer used for short-term lets. Furthermore, the amendment may restrict the rights of the owner in order to safeguard genuine housing needs, which, incidentally, are not evident in some neighbourhoods. The other contentious issue is the conversion of residential properties into commercial premises, which the amendment imposes on operatorson a commercial basis. ‘It would transform the city’s landscape.’

However, there are other issues that require attention, as Aigab’s national president, Marco Celani, also points out. The 30 per cent cap per individual property risks creating restrictions that are excessively punitive for certain properties and may be difficult to apply consistently. In smaller blocks of flats, a single flat may be enough to reach the full capacity. In such cases, the amendment would effectively amount to a ban. Similarly, the fact that there is no regional legislation to fall back on raises concerns: there would be a lack of regulatory coverage.

So, whilst we await the start of the actual races in 2027, following thedress rehearsals by the AAmerica’s Cup, the short-let sector is bracing itself for a difficult period in the city. “The teams,” concludes Morra, “will be staying in flats. They need accommodation for at least five months.” The uncertainty surrounding the regulations for the sector at this stage could cause problems.