Berlin's short-term rental ban 2015: Senate tightens rules for holiday apartments

Berlin's Senate plans to tighten the ban on short-term rental conversions. The core goal is to prosecute illegal holiday rentals more effectively and to close legal loopholes.

Platforms must disclose host data

Operators of booking platforms such as Airbnb and Wimdu will be required to provide borough authorities with information about their hosts. Until now, identifying the actual landlords has been difficult for authorities. The disclosure requirement is intended to make it easier to pursue violations.

A gap in the law is also being closed: second homes may no longer be rented out as holiday apartments without a permit either.

Automatic approval postponed to 2018

The so-called deemed approval rule is being pushed back by two years to spring 2018. Under this rule, an application for non-residential use is automatically approved if the borough office fails to decide within 14 weeks. The Senate administration fears that boroughs will not be able to keep up with the workload if the rule takes effect as planned in 2016. A wave of applications is expected ahead of the transition deadline on 30 April 2016.

For property owners, this means automatic approval by default is off the table for now. The transition period for existing holiday apartments still expires on 30 April 2016 as scheduled.

Consequences for owners in tourist boroughs

Boroughs such as Friedrichshain-Kreuzberg and Mitte can expect tighter enforcement. Owners need to resolve their situation before the deadline: either legalise the use or return the apartment to the regular rental market.

The tightening is a response to thousands of apartments being withdrawn from the Berlin housing market through conversion into holiday rentals. The Senate wants that housing stock back.