Berlin’s Airbnb ban is officially here to stay, following a verdict in the city’s court that rejected a legal challenge to the rule.

Four Property managers jointly lodged the first legal complaint against the ban, which came into force from 1st May 2016.

The ban (“Zweckentfremdungsverbot”) requires people letting more than half of their Apartment on a short-term basis on sites such as Airbnb must register first for a licence. Landlords can still let out individual rooms,if they use at least half of the apartment for themselves. They can also swap apartments for a period of time with another apartment owner. Otherwise, without a Permit, they could be fined up to €100,000.

The Guardian, meanwhile, reports that officials plan to reject 95 per cent of permit requests, with a site even set up to anonymously report other people using Airbnb illegally.

The ruling comes as a growing number of Cities are becoming concerned about Airbnb’s rising popularity, because of housing supply or the site’s impact upon the traditional hotel and tourist accommodation industry. Indeed, Airbnb is already facing opposition in Barcelona and Paris. Will any other cities follow?

The court’s verdict was attributed to the need for short-term holiday apartments to be used for the city’s normal rental market, which is placed under increasing strain, thanks to a population that grew 80,000 in 2015.

Rautgundis Schneidereit told the newspaper: “The availability of affordable housing is severely threatened in the entire city of Berlin and the regulation therefore justified.”

Berliners banned from Airbnb

3rd May 2016

Berliners have been banned from listing their whole properties on Airbnb and other short-term holiday rental sites.

The new rule, which came into force on 1st May 2016, requires Berlin homeowners to hold a permit to rent out their whole partment to tourists.

Berliners can still rent out individual rooms in their property without a permit, but if they are found to be renting out their whole property without a permit, they can face a fine of up to €100,000.

The legislation was actually passed several years, as part of 2014’s Zweckentfremdungsverbot bill. It makes the German capital the latest in a string of cities to introduce specific laws governing the use of Airbnb, as the site becomes increasingly popular among homeowners seeking extra income and holidaymakers seeking cheap accommodation.

German officials worry that the trend will exacerbate the city’s limited property supply, with investors holding on to their homes to use for short-term lets, rather than selling them or housing long-term tenants. Indeed, Berlin saw ts rents rise 56 per cent between 2009 and 2014.

Andreas Geisel, Berlin’s head of urban development, calls it a “necessary and sensible instrument against the housing shortage in Berlin”.

A spokesperson for Airbnb told The Daily Mail: “Berlin’s housing law is complex and unclear, and the government has released conflicting and confusing statements on how it will be implemented. This is bad news for Berlin and regular locals who occasionally share their homes to afford living costs in the city they love.”

“We will continue to encourage the government to listen to the people of Berlin and follow the lead of other major cities that have introduced clear, simple and progressive rules to support regular local residents who share their homes to pay the bills,” added the company.

Indeed, a growing number of cities have rules relating to short-term tourist rentals in place. In Barcelona, homeowners most register to rent out their home to tourists, facing big fines if found to be listing an unregistered property on Airbnb.

London, however, has moved in the opposite direction, introducing a tax break in the 2016 Budget for those who rent properties out for up to three months a year, with no need for permits.