Landmark court case supports Berlin hosts

Berlin hosts should be granted permits to share entire homes for 182 nights a year following a landmark court case, according to legal experts.

The advice comes after a Berlin host took legal action against the State of Berlin when he was refused a permit to share his home. Following his appeal, the Berlin Administrative Court recommended the decision be overturned and a permit to share his home for 182 nights a year be granted.

The district office, which issues home sharing permits, awarded the permit with approval from the State Department for Urban Development.

According to legal experts who worked on the case, home sharers across Berlin should now be awarded permits to share their homes for 182 nights a year.

“This approval represents a U-turn on the Berlin home sharing ban. The case has broad significance; Berlin home sharers can insist on equal treatment.”
Legal firm – Redeker / Sellner / Dahs

The case is the latest challenge to the complex and confusing Berlin housing law. In 2016, Berlin’s Administrative Court also ruled that permits must also be granted to hosts renting secondary homes.

Earlier this year, poll data showed two thirds of Berliners support the right of local families to share their homes.

This is great progress for Berlin citizens who occasionally want to rent out their homes, but there’s more work to do. The Berlin housing law is broken and needs to be fixed. Airbnb is eager to work with the City of Berlin to provide legal certainty for local citizens and collaborate on modern home sharing rules.

Press Release of the Legal firm – Redeker / Sellner / Dahs here.