Short-Term Rentals: Let Owners Register

The government has announced an action plan to register and regulate vacation rentals. Property owners, operators, and neighbors deserve clear rules. But announcing clarity and delivering it are different. The community needs to know who is responsible, which legal procedures apply, and how people can comply.

The October 16 notice provides an outline. Essential questions remain unanswered.

What has been announced?

All existing vacation rentals must register, including properties that already have permits. Registration will last three months, with the opening and closing dates still to be announced. This was announced in a multi-ministry press conference, and I found it under news items on the government's website, not in a legislative publication. The news item is here. Ironically, the government website item is titled: “The Government Clarifies Management Rules for Vacation Rentals”. Read on, and you will see that the title is misplaced.

November 1, 2026, is the reference date, expressly not the registration opening date. Properties operating before that date can enter the assessment process. Projects not yet operating may qualify for transitional treatment if they made concrete commitments before that date. Registration does not grant permission, guarantee legalization, or authorize expansion. Different approaches apply to green, yellow, and red areas. The policy contemplates temporary tolerance for registered existing operations, but it still requires legal evaluation and approval. According to the notice, unregistered properties will fall outside that arrangement and will not qualify for legalization.

The government’s plan to register and regulate short-term rentals is receiving coverage across media and other platforms. Yet the central question deserves more attention: what legal basis supports it? Four ministers standing together to announce a plan does not establish their authority to implement it. We can all welcome the initiative. Property owners, operators and neighbors deserve clear rules and a workable system. But it must be done lawfully. If existing powers are insufficient, the government must first secure the necessary legislative changes. Until then, it must respect those limits. In a democracy governed by law, the government must follow the rules it expects everyone else to obey.

Start with lawful authority

Accommodation licensing brings the Minister of Public Health into the picture. The relevant licensing ordinance serves a public health purpose. Its powers cannot simply be stretched to cover every tourism, housing or planning objective. To be clear, under current law, the Minister of Health can't compel citizens to register their property. Nor can the other three ministers who announced it.

The Court of First Instance raised the issue of ministerial authority in the recent Iberosol ruling. I wrote about it. This announcement does not explain whether or how the Court has since resolved that issue. Which minister may require registration, demand documents, issue an accommodation permit, or authorize a different land use? Which department processes applications, and who signs the decisions? Several ministers, even with broad smiles, cannot enlarge the powers granted by legislation. Neither can a task force. Its establishing instrument, mandate, and limits should be published. Coordination is one thing. Exercising statutory powers requires the corresponding legal authority. If existing legislation is insufficient, amendments or new legislation may be necessary. That takes time. An announcement cannot fill the gap. For comparison, can the government ask all members of a certain religion to register without a proper legal basis? Think about it.

The government is bound by the ROPV

The notice refers to the ROP, the spatial development plan, and the ROPV, the spatial development plan with regulations. Explain how the proposed changes will work, citing the applicable provisions, procedures, and timelines.

Which provision permits legalization? Which permits changes to the number of units or the areas where vacation rentals are allowed? Is an amendment or exemption required? When will proposals be published, how can people submit their views, and when could changes take effect? The government itself is bound by the ROPV. Follow the available amendment and exemption procedures, including their conditions and safeguards. Registration cannot authorize a prohibited use on its own. Adding bells and whistles to a press conference does not change the rules. Changing the ROPV is not a quick fix either.

Learn from the last attempt

About ten years ago, following a change in the law, owners were asked to register. As I recall from practice, the process made registration difficult, inconvenient, and, for some, practically impossible. Now the government points to unregistered vacation rentals. Why? Because the previous attempt failed. We can't fairly discuss that outcome without examining how the previous system contributed to it. Before blaming unwilling owners, ask how many encountered obstacles created by the government’s own procedures. Repeating those obstacles risks repeating the result.

Make registration possible

November 1 is approaching. Although registration does not necessarily open that day, owners need clear definitions and evidence requirements promptly. Allow them to identify themselves, locate the property, and describe its use and capacity. Confirm receipt and allow incomplete submissions to be corrected. Do not demand every document the government has issued before accepting registration. Government departments already hold building permits, long-lease documents, and other official records. Why ask the citizen to provide what the government already has on record? If the government’s record-keeping is not up to par, don't shift the burden to the community. The information collected also requires attention. Is registration compulsory or voluntary? What legal basis supports the collection, who may access the information, and what safeguards apply? Those questions become particularly pressing when non-registration carries announced consequences.

Registration may serve a useful purpose. It cannot cure missing legal authority or replace the required permits and planning decisions. Publish the legal basis, identify the responsible authorities, and explain the procedures. Then provide a system people can actually use. If you want owners to register their short-term rentals, make the process lawful, accessible, and efficient.