The state government in Berlin is proposing to step up its fight against the illegal letting of homes through platforms such as Airbnb - and is even considering taking legal action.

Crack-down on unregistered holiday homes in Berlin

Since August 1, 2018, anyone in Berlin who wants to legally rent out their home to holiday guests has needed an official registration number. If more than 49 percent of the apartment is rented, a permit is also required. By the end of 2018, a total of 2.418 such registration numbers had been issued, with a further 1.735 applications being rejected.

However, the number of apartments in Berlin's housing market that are rented as short-term lets is estimated to be somewhere between 20.000 and 30.000, suggesting that many are not complying with the new rules.  

Munich court ruling against Airbnb

Berlin’s authorities are hoping that a December 2018 ruling by the Administrative Court in Munich might come to their aid. The ruling in question found legal grounds for compelling Airbnb to reveal the identities of its hosts - including their names and addresses - to enable city authorities to seek out those letting properties without the appropriate permissions.

However, Airbnb has appealed the decision, meaning that the proceedings are still ongoing. The matter is further complicated by the fact that the platform is based in Ireland rather than Germany. So far, it has proved difficult to bring legal proceedings against the company because of this distinction.

Berlin unwilling to cooperate with Airbnb

While Katalin Gennburg, an MEP for Die Linke, criticised Airbnb’s apparent disregard for rules, the company itself argued that attempts have been made to cooperate with city authorities on rentals in Germany. An Airbnb spokeswoman pointed to their successful cooperation with state authorities on the registration system in Hamburg.

Berlin, however, seems unwilling to capitulate on the issue. Petra Rohland, a spokeswoman for the Senate Department for Urban Development, indicated that the legal fight would continue: “This is a learning process,” she said. “We will undertake all possible court and legal proceedings to bind Airbnb to the fulfilment of its obligations in Berlin.”