In Berlin, where a lack of and expensive housing will probably be the most important issue in the House of Representatives election on September 20th, there are an estimated 10,000 illegal vacation rentals. Urban Development Senator Christian Gaebler (SPD) gave this number on Tuesday after the meeting of the black-red state government. It increased the fine payments for apartments that were demolished or used for other purposes without creating adequate replacement living space by around 12 percent.
From the senator’s point of view, earlier estimates of over 30,000 illegal holiday apartments were based on incorrect calculations: not apartments, but beds were added together. But 10,000 apartments still correspond to half of the Senate’s annual target for new construction in order to create more living space.
Gaebler believes that making the landlords of presumably illegal apartments liable and preventing future misappropriation is difficult due to the lack of data. So far, brokerage platforms such as Airbnb have not provided sufficient information about the duration of the rental, for example. Without that, from Gaebler’s point of view, hardly anything can be done. Temporary rentals are certainly permitted, and it is difficult to prove when the permitted time frame has been exceeded.
In Spain, the authorities are apparently managing to take more efficient action against the misuse of housing. That’s where it is Government reached an agreement with Airbnb last yearidentify and remove apartments without a valid registration number on the platform. The country is the first to adopt the legislation, which was passed in March 2024 new EU rules for short-term rentals implemented.
Nobody can really control how long someone actually rents out their apartment
Niklas Schenker, leftist
This regulates the exchange of data between rental platforms and the member states, which is intended to enable local authorities to track rental activities. According to the EU, the regulation should be applicable from March 2026.
Question of political will
For Left Party MP Niklas Schenker, spokesman for his parliamentary group for rents and housing, it is also a question of political will to proceed in a similarly consistent manner. “They simply have stricter laws,” he told the taz. The Berlin law banning misappropriation makes it easy to not comply with regulations. “Nobody can really control how long someone actually rents out their apartment,” says Schenker.
In Spain, Airbnb had promised to submit monthly information about the advertised apartments and rooms to the authorities starting in August. Shelters that have been denied state registration should be deleted within 48 hours. Shortly after the agreement began, it was said that more than 50,000 illegal holiday homes should be removed from the platform. But apparently it doesn’t work quite as smoothly. Because of 65,000 apartments without the required license Spain imposed a fine of 64 million euros on Airbnb in December.
The compensation payments increased by the Senate on Tuesday should mean that new apartments are actually created for apartments that have been demolished or used for other purposes. “It shouldn’t be cheaper to pay a fine than to create living space,” said Gaebler. The compensation payment is now 4,600 euros per square meter, 500 euros more than before. This increase is intended to offset the increased construction costs.
As a further step towards preserving affordable housing, the senator announced that he would ban temporary living in the city’s approximately 80 environmental protection areas. In these areas, special requirements apply to protect tenants from displacement.