AirBNB / Holiday Rentals

Last updated: 2nd of July 2016

There are  number of misconceptions, know the law and know your rights!

• BERLIN – Holidays rentals are banned as misappropriation of housing without special license.
• “Misappropriation ban: No exception for holiday rental portal Airbnb” or other holiday-rental companies.
• This law was challenged and upheld as of June 2016.
• EVEN if you occupy >50% of your apartment; special license is required.
• May 1, 2016 the city of Berlin announced it will be doing data requests to holiday rental companies.
• Facebook rental groups are also subject to data requests and tracking of non registered rentals.
• City of Berlin how has a website for anonymous reporting of  holiday housing.
• RENTERS BEWARE – Make sure your airbnb rental etc has a license to protect your stay! A landlord has the right to evict an non-license airbnb / holiday rental .

THE FULL LAW CAN BE FOUND HERE

Q: WHAT ARE THE NEW RULES?

1.  1. Due to housing crisis holiday rentals are now BANNED without a special permit. This law was put into effect May 2014 and enforcement begun May 2016. Senator for Urban Development and Environment Andreas Geisel makes this very clear.

“the use of housing as a holiday home or for Pensions are prohibited and only possible with a special permit.” Press release  08:06:16″  read more here

Q:  CAN I RENT OUT PART OF MY APARTMENT FOR HOLIDAY RENTALS WITHOUT A PERMIT?  WHAT IF I OCCUPY OVER 50% OF THE SPACE?

1. No, not for holiday rentals.
2. The exception of renting out room if you occupy >50%  of an apartment in section 2.5 of the law only applies to  commercial or professional space (Aka: studio or office space).
3. It DOES NOT give permission or apply the same exception to section of 1.1 of the law which is holiday rentals. Holiday rentals and commercial / professional space have their own categories in the law and have different licenses .see law in full

“Misuse (1) A misappropriation within the meaning of this law is when housing

01. -is used for the purpose of metered repeated after days or weeks rent as a holiday or a stranger accommodation, in particular a commercial room rental or installation of bunks;

 2 – is used for commercial or professional purposes other;”

“(1) Eine Zweckentfremdung im Sinne dieses Gesetzes liegt vor, wenn Wohnraum

1.zum Zwecke der wiederholten nach Tagen oder Wochen bemessenen Vermietung als Ferienwohnung oder einer Fremdenbeherbergung, insbesondere einer gewerblichen Zimmervermietung oder der Einrichtung von Schlafstellen, verwendet wird;

2.für gewerbliche oder berufliche sonstige Zwecke verwendet wird;”

A renter can can still however rent  <50% of their space to in their apartment as a commercial or professional space (eg: office or studio space).   see law in full

“2. 5. an apartment is shared by the person authorized or entitled to dispose or the tenant or the tenant for commercial or professional purposes, but overall outweighs the residential use (more than 50 per cent of the land area are the kitchen and bathroom will each hälftige use assumed);” NOTE ***There is NOTHING in the law stating holiday rental rooms  are allowed even if you live in >50% of the apartment. This is a misconception.

“2. 5. eine Wohnung durch die Verfügungsberechtigte oder den Verfügungsberechtigten oder die Mieterin oder den Mieter zu gewerblichen oder beruflichen Zwecken mitbenutzt wird, insgesamt aber die Wohnnutzung überwiegt (über 50 vom Hundert der Fläche; bei Küche und Bad wird jeweils hälftige Nutzung unterstellt);”

Q: WHAT CHANGED IN MAY 2016? PEOPLE HAVE BEEN RENTING ON AIRBNB DESPITE THIS LAW. 

1. There was a 2 year grace period that allowed people time to acquire licenses for holiday rental, which was given May 2014.
2. The period has ended and stricter enforcement will now begin.

Q: HAS ANYTHING CHANGED IN HOW PROOF CAN BE GATHERED?

1. Yes. As of May 1st. Data requests will now be made to find and prosecute illegal holiday rentals.
2. Data requests are how people in Germany are caught torrenting.
3. Holiday rental companies are expected to follow the law and fully comply with data requests.
4. With Data requests, all the information required to prove misappropriation can be gathered from any holiday rental companies (airbnb etc), stored, and processed at the governments own pace.
5. Read the full press release about data requests here

Q: WHAT IF I IGNORE THE LAW AND RENT ANYWAY

1. Fines are heavy. read full info here

   “(4) The offense may be punished by a fine of up to EUR 100 000.”

Q: HOW DO I APPLY FOR THE PERMIT TO DO HOLIDAY RENTALS?

1. here https://service.berlin.de/dienstleistung/326217/

Q: UPDATE ON ISSUE?

1. 08:06:16,  Berlin Administrative Court upholds ban misappropriation
2. Read the press release here

Q: WHATS IS MISAPPROPRIATION OF HOUSING LAW?

1. SEE THE LAW ON THE OFFICIAL SITE
2. Bellow is the translation of definition of misuse in the law

“Law  on the Prohibition of misappropriation of housing  (misappropriation Ban Act – ZwVbG) From November 29, 2013

§ 2misuse

(1) A misappropriation within the meaning of this law is when housing

 1 is used for the purpose of metered repeated after days or weeks rent as a holiday or a stranger accommodation, in particular a commercial room rental or installation of bunks;

 2 is used for commercial or professional purposes other;

 3is structurally modified in such or used in a way that it is no longer suitable for residential purposes;

 4is longer than six months or empty

. 5is eliminated.

(2) Notwithstanding paragraph 1, there is no misappropriation when

Living space is already in use at the time of entry into force of a regulation in accordance with § 1 paragraph 2 as a holiday home or for strangers accommodation in accordance with paragraph 1, point 1; However, this only applies for a period of two years after entry into force of the Regulation; therefor which or the person authorized shall notify within three months after entry into force of the Regulation, the use referred to in paragraph 1 point 1 the relevant District Office; *NOTE: law was written in 2014 May, the two year period has passed and license for any vacation rental must be approved by relevant District Office;

  2 Living space is already in use at the time of entry into force of a regulation in accordance with § 1 paragraph 2 for commercial or professional purposes in accordance with paragraph 1, point 2; however this only applies as long as the existing at the time of entry into force of Regulation usage contract is not terminated, or for this purpose equipped and exercised in the premises commercial or professional operation continues;

 3 Living room is empty because it could not be rented again despite appropriate efforts over a long period;

 4  is housing rebuilt quickly, repaired or modernized and therefore is for twelve months uninhabitable or is empty or for other objective reasons can not be rented; the same applies when an action for toleration of modernization or reorganization measures within the meaning of §§ 555a and 555b of the Civil Code was applicable, pending the resolution of the final judgment and until the completion of which adjoins spacious building measures;

  5 an apartment is shared by the person authorized or entitled to dispose or the tenant or the tenant for commercial or professional purposes, but overall outweighs the residential use (more than 50 per cent of the land area are the kitchen and bathroom will each hälftige use assumed);

. 6 Housing is not been effectively utilized and more than six months is empty because the person so entitled, the there unfounded center of his life, the living room uses only occasional stays in this apartment for residential purposes even (second home).

(3) Upon request, be provided by the person entitled to dispose appropriate documents showing that the conditions set out in paragraph 2.

THE FULL LAW CAN BE FOUND HERE

KNOW YOUR RIGHTS!