Short-term rentals in Italy have become the focus of a significant court ruling, with the Constitutional Court striking down the mandatory change of use for homes intended for short-term rentals in Emilia-Romagna.
The regulation applied across the entire region and covered even the occasional rental of a property. This blanket application, together with the different treatment compared with other forms of accommodation, was a key factor in the Court’s ruling.
Judgment No. 164/2026, filed on October 9, invalidates Articles 4 and 5 of Regional Law No. 10/2025. The remaining provisions stay in force.
What property owners would have been required to do
The law had established a specific land-use classification for short-term rentals, placing them in the tourist accommodation category.
In practice, a property owner wishing to offer a home for stays of up to 30 days would have been required to obtain a change of use and complete the relevant urban planning procedures, even without carrying out any building work.
This mechanism also formed the basis for allowing municipalities to designate areas subject to specific conditions, such as maximum percentages of properties permitted for short-term rentals or additional requirements.
Why the regulation was struck down
The Court acknowledged that addressing excessive tourism pressure and protecting the housing supply are legitimate objectives.
However, it found the application of the same requirement across the whole of Emilia-Romagna disproportionate, without any differentiation based on local conditions. The Region itself sought to restrict tourist rentals in areas experiencing pressure while encouraging them in other locations.
In its official response, the regional authority acknowledged that adjustments would be needed. Giovanni Paglia, the official responsible for housing, stated that the necessary changes would be examined together with municipalities, with the aim of balancing tourism development and the preservation of permanent housing.
Local restrictions remain on the table
The ruling leaves room for measures regulating short-term rentals. The Region stressed that the authority of regional governments to intervene, including through urban planning tools, had been confirmed.
The issue therefore shifts to how these measures are designed: which areas are experiencing genuine pressure, what obligations are imposed on property owners, and whether those obligations are proportionate to the intended objective.
For hosts and property management companies, this development is relevant as an example of judicial review of market regulations. This particular ruling concerns Italian legislation and does not change the regulatory framework governing short-term rentals in Greece.
