Stricter regulations for short-term rentals in Vienna: what you need to know
With the 2023 amendment to the Building Code, the City of Vienna has once again tightened the rules for short-term tourist lettings. The new provisions of the Vienna Building Code, which came into force on December 14, 2023, are intended to relieve the housing market and curb the misuse of housing for tourist purposes. Here is an overview of the most important changes:
Use of apartments for residential purposes only
Section 119 (2a) of the Vienna Building Code now officially stipulates that apartments may only be used for residential purposes. This means that commercial short-term rentals, such as those offered via platforms like Airbnb, are generally no longer permitted. Exceptions are only possible under strict conditions.
What is considered a residential purpose?
The term residential purpose is not explicitly defined. However, it is clarified that apartments may only be used for activities that usually take place in apartments, such as living or working from home. Commercial use for short-term accommodation, on the other hand, is expressly excluded.
Exception: 90-day rule
Due to the so-called 90-day regulation, short-term rentals of one's own apartment are permitted for a maximum of 90 days per calendar year. However, the rental must be subject to local taxes in accordance with the Vienna Tourism Promotion Act. In addition, the person renting out the property may not permanently give up their residence at this address.
Special permit for commercial short-term rentals
Anyone who nevertheless wishes to use their apartment commercially for short-term rentals (for a period longer than 90 days) requires a Exceptional authorization pursuant to Section 129 (1a) of the Vienna Building Code. This can be granted since 01.07.2024 under the following conditions:
- The apartment is not located in special residential zones or zoning categories such as "grassland - recreation area".
- No housing subsidies were used for the apartment.
- The majority of the apartments in the building will continue to be used for residential purposes.
- 50% of the building's usage units are not already let commercially.
- All owners of the building give their written consent.
The exemption permit is granted for a maximum of five years, but can be extended if the requirements continue to be met.
Conclusion
With the stricter regulations on short-term rentals introduced by the 2023 amendment to the Building Code, the City of Vienna is pursuing the goal of ensuring that apartments are not permanently taken away from their actual purpose and converted into apartment buildings. This is intended to protect living space in the city and slow down the rise in rents in the long term. In future, landlords will have to inform themselves carefully about the new provisions of the Vienna Building Code and, if necessary, apply for an exemption permit in order to be allowed to (continue to) rent out their apartments commercially.
Celine Lola | Associate
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