New Regulations for Short-Term Rentals / Airbnb in Vienna: Procedures and Consequences

As of 1 July 2024, new statutory regulations apply in Vienna for providers of short-term rentals. Professional letting now requires an exceptional permit from the Building Authority (MA 37), limited to a maximum of 5 years.

If one's own primary residence is sublet on a short-term basis, a maximum rental period of 90 days per year applies. This so-called "home sharing" therefore remains (limitedly) possible.

What does "short-term" rental mean?

Periods of two to 30 days are referred to as short-term rentals.

How do I obtain an exceptional permit?

First, it must be checked whether the apartment is located inside or outside a residential zone. This can be looked up in the land use and development plan.

A basic requirement is that the relevant apartment is located outside a residential zone in order to begin the application process. Should the apartment be located within a residential zone, it is considerably more difficult to obtain the permit for short-term rental.

Finally, the following aspects must also be examined:

No residential construction subsidies were used for the construction of the apartment. Furthermore, the majority of apartments in the building in question must still be used for residential purposes.

Providers of unauthorized short-term rental apartments face penalties of up to 50,000 euros.

Further information at:

https://www.wien.gv.at/wohnen/baupolizei/pdf/merkblatt-verwendung-wohnungen-kurzzeitvermietung.pdf

Contact: Dr. Elisabeth Bräuer [email protected]