According to the legal firm Redeker/Sellner/Dahs home sharers from Berlin, who occasionally want to share their entire home, must now be granted a permit allowing them to rent their home for 182 days a year.
The change took place after a Berlin host was refused a permit to rent out his home short-term and took legal action against the state of Berlin. Following the advice of the Berlin Administrative Court, the responsible district office granted the host a permit to rent out his apartment for 182 days per year. The district office made this decision after consultation with the Senate Department for Urban Development and Housing in order to ensure uniform administrative practices across Berlin.
According to the legal firm in future, all home sharers who occasionally want to share their primary home should be granted a permit for rentals up to 182 days per year.
Given these recent developments, we believe it’s time for Berlin’s housing laws must be amended to adequately reflect home sharers’ rights in the German capital. Berlin’s citizens, who want to share their own homes, require more than a change of practice – they need legal certainty which will only come with a change to Berlin’s housing laws.
In 2016, Berlin’s Administrative Court also ruled that permits must also be granted to those renting their secondary homes.
Berlin’s current housing law is broken and hurts thousands of Berliners who merely want to rent out their apartment while they are on holiday, on a business trip or commuting. These hosts live in their homes and consequently do not take housing off the long-term rental market.
Airbnb wants to work together with the state of Berlin and contribute to proportionate and modern home sharing rules that are clear and fair and in line with the advice provided by the Berlin Administrative Court.
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