Restrictions on the use of holiday properties
What is allowed where in holiday homes and the like?
Restrictions on the use of holiday properties are a popular topic of dispute, as not every residential area allows the unrestricted letting of holiday properties. If you rent out your property to holiday guests anyway, you could be in trouble. Incidentally, this article does not constitute legal or tax advice, but merely reflects our personal experience. In the event of a dispute or if you have specific legal questions, please contact a lawyer.
What are restrictions on use?
The municipalities and the building utilisation ordinance define certain criteria for different building areas. For example, in many commercial areas - unlike in purely residential areas - less stringent noise protection regulations apply. Another example is weekend home areas. They are often not intended for permanent living. This means, for example, that you are not allowed to live permanently in a garden shed or register your main residence there.
Expert tip:
"There are always disputes with neighbours because flats in a purely residential area are rented out to holiday guests. Make sure you find out in advance whether you are really allowed to let your holiday property to holidaymakers. Especially in the case of a new-build property in a purely residential area."
Restrictions on use due to nature conservation
A particularly beautiful and intact natural environment is an important rental criterion for holiday properties. Especially if your holiday home / holiday flat is located in a nature reserve or directly in a flood zone, avalanche danger zone, etc. You should therefore find out in advance whether and which usage restrictions apply to your holiday home. Important: Inform your tenants accordingly.
Misappropriation requirement for holiday properties
In popular cities, more and more people are renting out "normal" living space to tourists from all over the world via online portals. As this means that there is less and less affordable living space available, many cities are introducing a ban on misappropriation - in short: renting out a "normal" flat as a holiday property is not permitted. However, up to 50% of your own home may still be rented out to guests.