Holiday Apartments – Welcome to Berlin – Süddeutsche.de

It remains allowed, a second home temporarily for rent to tourists. Now the dispute is about Airbnb accommodations in the next round.

By Benedikt Müller and Jens Schneider , Berlin / Munich

The flight attendant from Rostock stayed more often in his Berlin second home. The German studies from Italy uses her home in the capital, where she researches there. And the Danish family used the apartment as a family meeting. If they are not in Berlin, they rent to tourists. That, however, they wanted the Land of Berlin no longer allow, and so they went to court.

Now the Berlin Administrative Court has given the three plaintiffs law and thus softened for the first time strict Berlin misappropriation ban on renting apartments Holiday guests prohibited. Accordingly, the country must allow owners of second homes, the apartments temporarily for rent to tourists when they otherwise inhabit these themselves. In the spring of Berlin had exacerbated corresponding rules to address the growing housing shortage. Estimated by the Senate 12 000 apartments are rented as holiday apartments, so lacked in the housing market. Exemptions grant districts rare. But in the case of the three owners they must now be granted, the court

decided.

When Airbnb competitor Wimdu many providers have withdrawn

The exceptions refer explicitly to second homes, of be used to the owners. You should be allowed for the rental because “no housing loss for the city” arises. It leads in the housing provision is not made, if the second home during the absence of the owner will be rented as a holiday home or stand empty, told the court.

The Berlin Senate was disappointed. Construction Secretary Engelbert Daldrup spoke of a “bad day for the Berlin tenants”. It must “be avoided in any case that a loophole for the inappropriate use of increasingly scarce living space will be opened in Berlin,” he said. The Senate examine legal steps to prevent abuse by “artificial” time residences.

The ruling strict Berlin misappropriation prohibition does not generally questioned. In July, the Administrative Court had confirmed the ban as constitutional. It dismissed lawsuits filed by several owners back who wanted commercial rent apartments to tourists.

Berlin has created additional bodies to check compliance with the rules. People should report misappropriation. Who rents illegally, the face penalties of up to EUR 100 000. Background of the disputed rules is that more and more travelers book accommodation on platforms like Airbnb and Wimdu, rather than staying in hotels. The phenomenon is particularly common in cities, where apartments are scarce anyway. As Berlin go about and Hamburg, Munich and Cologne before with regulations against apartments, which are always rented temporarily to tourists. This often can make more money than with a long-term rental. The rise of the apartments benefit platforms like Airbnb and Wimdu. You get a commission when travelers book a private room. However, just the Berlin company Wimdu suffers the more stringent rules. Every fifth Berliner owner currently let rest his offer, “for fear of sanctions,” says Péter Vida, General Counsel of Wimdu. Here Berlin is the platform for one of the three most important markets. Therefore Wimdu supports owner in legal action against the ban.

By the verdict of Tuesday, the platform provides confirmed. “The verdict is a clear swatter for the Berlin Senate,” said Vida. The lawyer requested the execution of the law should be suspended. After the election of the Chamber of Deputies then should be discussed “new, fair law.” reportedly makes strict gait Berlin Wimdu hard to create. The Manager Magazine had reported that investors could soon lose patience with the loss-making portal; 60 workers were dismissed. The company merely confirms it was in a conversion, “which may be associated with staff reductions”. Other rumors are not expressed itself.

The world leader Airbnb is not involved in the specific case of the three Berlin owner, but also announces an opportunity to examine the decision. “The ruling raises questions about the legal provisions in Berlin,” the company announced. Airbnb Advocates, commercial suppliers clearly distinguished from private individuals. “Berliners who temporarily rent their homes, if they are even to travel, the market evade any living room,” it says at the company.