The ban imposed by Amsterdam authorities on homeowners offering their properties for holiday rental in three central districts of the popular tourist city has been overturned after a court ruled it had no legal basis .
Municipal authorities had responded to concerns about the impact of tourism platforms like Airbnb on residents’ quality of life.
A city update website notes that from tomorrow, it will be possible for owners to apply for a seasonal rental permit in the three districts where seasonal rental has been totally prohibited since July 1 Last year.
City officials write that they are studying the court’s decision and will update the page “as soon as we know more.”
Authorities in Amsterdam took the decision to ban holiday rentals in the districts of Burgwallen-Oude Zijde, Burgwallen-Nieuwe Zijde and Grachtengordel-Zuid last summer after a consultation process found broad support among residents for a ban.
Authorities said the strong growth in tourist rentals was impacting residents’ quality of life.
It also previously introduced a permit system to control holiday rentals in other areas of the city – which (currently) limits rentals to a maximum of 30 nights per year and for a maximum of four people per rental.
Another permit condition states that: “Your guests [must] does not cause any inconvenience. »
Following the court ruling, the permit system will also operate in the three central districts.
The city’s ban on vacation rentals in central neighborhoods has been challenged by an association (Amsterdam Gastvrij) which represents the interests of landlords who rent out their property through Airbnb and other platforms. They had argued that the The Housing Act 2014 did not provide a legal basis to prohibit holiday letting.
The Court of Amsterdam accepted, writing in his judgment that “a permit system cannot contain a total ban.
“Anyone who meets the permit conditions is in principle eligible for a permit. A total ban is a major violation of the right to property and the free movement of services and will only be considered a justified measure in very exceptional circumstances,” he further stressed.
An Airbnb spokesperson told us the company was not involved in the process to challenge the ban. but the spokesperson was keen to highlight the result.
However, the court’s verdict leaves room for the city to amend the legislation to add new conditions to the permit system that could include a “quality of life” consideration (which it currently does not).
The court also suggests the possibility of introducing a quota system with a night criterion into existing legislation, as another way of using the permit system to manage quality of life. He further suggests that municipal authorities could mandate residential (rather than tourist) purposes for homes via a zoning plan. There are therefore alternative ways to Amsterdam officials to be explored as a policy tool to limit activity on Airbnb et al.
At the same time, the court ruling highlights the challenges European cities face when trying to regulate the impacts of rental platforms on areas such as housing availability (and affordability) and broader issues. quality of life for residents facing over-tourism (not currently an issue, of course, given ongoing travel restrictions related to the coronavirus pandemic).
In recent years, a number of major tourist cities across Europe have expressed public frustration with vacation rental platforms – writing a open letter to the European Commission in 2019 which called for “strong legal obligations for platforms to cooperate with us in registration programs and in providing rental data per house which is advertised on their platforms”.
“Cities must protect the public interest and eliminate the harmful effects of short-term vacation rental in various ways. More nuisance, a feeling of insecurity and a “touristification” of their neighborhoods is not what what our people want. Therefore, (local) governments should have the possibility to introduce their own regulations according to the local situation,” they also wrote, urging EU policymakers to support an overhaul of the rules.
Since then, the Commission has announced a limited data sharing agreement with the main vacation rental platforms, claiming to want to encourage a “balanced” development of rentals between individuals.
Last year the Dutch government urged the Commission to go further on access to data from holiday rental platforms – pushing for a provision to be included in a planned major update to pan-European rules encompassing digital services, aka the Digital Services Act (DSA).
The DSA proposal, which is currently going through the EU co-legislative process, is largely aimed at standardizing processes for tackling illegal goods and services – so it could have implications for holiday platforms in areas such as data sharing when it relates to illegal vacation rentals. (i.e., when a property is advertised without a permit required).
Early stage is the premier “how to” event for startup entrepreneurs and investors. You’ll hear firsthand how some of the most successful founders and VCs are building their businesses, raising funds, and managing their portfolios. We will cover all aspects of building a business: fundraising, recruiting, sales, product-market fit, public relations, marketing and brand building. Each session also incorporates audience participation – there is ample time for questions and audience discussion. Use code “TCARTICLE at checkout to get 20% off tickets here.
Comments are closed.