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    Berlín

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    You can read this article in German or English.

    This article provides specific information about local laws that apply to people who host their homes in Berlin. Just like our country article for Germany, it’s your responsibility to verify and comply with any obligations that apply to you as a host. This article can serve as a starting point or place you can come back to if you have questions but it isn’t exhaustive and it doesn’t constitute legal or tax advice. It’s a good idea to check to make sure laws and procedures are current.

    Some of the laws that might affect you are complicated. Contact the City of Berlin directly or consult a local advisor, such as an attorney or tax professional, if you have questions.

    Short-term rental regulations

    Berlin’s Zweckentfremdungsverbotsgesetz (ZwVbG) is an act that prohibits the use of living spaces for unauthorized purposes and governs the use of residential property. The act, last revised on September 16, 2021 also contains certain obligations for hosts offering non-residential properties and addresses home-sharing, including short-term rentals in Berlin.

    Private room rentals

    According to the ZwVbG, a permit isn’t required for renting a room in your main residence, provided that the share of this room is less than 50% of the total size of your residence. In these cases, according to an ordinance that prohibits the use of living spaces for unauthorized purposes called Zweckentfremdungsverbotsverordnung (ZwVbVO) and the website of the Senate Department for Urban Development and Housing, hosts require a free-of-charge notification to obtain a registration number from the respective district office.

    Entire residence rentals

    According to the regulations, hosts are required to have a permit to rent out an entire residence on a short-term basis. Hosts can apply for a permit with their district office. As a Host you receive a registration number, which is attached to your permit.

    You must then enter your registration number in the appropriate field in your Airbnb listing. You can find that field by following these instructions: Go to “Listings” and select the listing for which you wish to add the registration number, go to “policies and rules” and scroll down until you see the section “laws and regulations”, next to “regulations” click on “edit”, and finally next to “Add a permit number” click on “add”.

    Primary residence rentals

    The act says that private individuals are generally entitled to a permit which allows them to rent out their primary residence on a short-term basis. The act doesn’t specify a limit for how many days someone can rent their entire primary residence to guests.

    Secondary residence rentals

    Hosts can apply for a permit with their district office that allows them to rent out a secondary residence for up to 90 days per year. The host will receive a registration number that accompanies their permit.

    Display of registration number

    The registration number must always be publicly displayed on offers, listings, and other advertisements of the living space, especially online. This obligation to display the registration number applies to all above mentioned types of residential listings

    You must enter your registration number in the appropriate field in your Airbnb listing. You can find that field by following these instructions: Go to “Listings” and select the listing for which you wish to add the registration number, go to “policies and rules” and scroll down until you see the section “laws and regulations”, next to “regulations” click on “edit”, and finally next to “Add a permit number” click on “add”.

    Non-residential spaces

    The regulations in ZwVbG and ZwVbVO also include certain obligations for non-residential properties, for instance to commercial spaces. The law stipulates two alternative obligations:

    • Hosts with listings in non-residential spaces have to notify the competent District Office and request a registration number. The registration number has to be displayed in the listing on Airbnb.
      You must enter your registration number in the appropriate field in your Airbnb listing. You can find that field by following these instructions: Go to “Listings” and select the listing for which you wish to add the registration number, go to “policies and rules” and scroll down until you see the section “laws and regulations”, next to “regulations” click on “edit”, next to “Register your listing” go to “Start” and finally via “Add your registration number” you can add your number.
    • As an alternative to the District Office notification and the display of the registration number, hosts can simply add the address of the listing, name and address, for legal entities the legal form, authorized representative or company registry number to the listing. Go to “Listings” and select the listing for which you wish to add the registration number, go to “policies and rules” and scroll down until you see the section “laws and regulations”, next to “regulations” click on “edit”, next to “Register your listing” go to “Start” and finally proceed to “Add your contact details, address and listing address”.

    Please note: If you are a commercial landlord, you are subject to further legal provisions on consumer protection. For example, you are obliged to provide a legal notice so you should include your business details in your listing. You can find more information here.

    General information

    Hosts can find answers to common questions about short-term rentals in Berlin on the Senate Department for Urban Development and Housing website. You can also check the overview of short-term rental rules in Berlin on the City’s website. Your district authority should be able to provide more information if you have questions about the law or registration process:

    Overnight Accommodation Tax

    In 2013, the Overnight Accommodation Tax Act was implemented to levy taxes on expenses related to for-profit overnight accommodation in Berlin in an accommodation facility. Check the State of Berlin’s official leaflet for an overview of the Overnight Accommodation Tax or the City’s dedicated page.

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