Shared building home owners can stop short-stay and B&B, court rules

Home owners who rent out their property using online services such as Airbnb are actually carrying out ‘business activities’ which are not allowed in most shared properties, Amsterdam appeal court has ruled.

Property with multiple owners has to have a formal owners’ association (vve) and most of them rule out this sort of business, the court said.

The ruling upholds a lower court decision and centres on an apartment complex in the city. The block’s vve voted to stop ‘short-stay, hotel and bed and breakfast activities of less than one month’ and told one owner to stop renting out his property. He went to court but lost and then took the issue to appeal.


Property lawyer Thos van Vugt told news agency ANP more housing associations are now likely to be proactive in stopping these forms of housing rental.

‘Unless the owners’ association explicitly gives permission, owners will no longer be able to rent out their home short-term,’ he said. There are some 4,500 home owner associations in the capital.

In June, the city council said short-term rentals are a boost to tourism and the city’s economy. The city has also been cracking down on home owners who break the rules.

Earlier stories:
Amsterdam tones down opposition to short term holiday rentals.

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