The recent ruling by the Council of State has drawn a clear line in the ongoing debate on short-term rentals and local government limits. This issue lies at the heart of the tension between public interest and individual freedoms, especially in tourist-heavy cities. According to the judges, municipalities cannot ban or restrict short-term rentals carried out by private individuals, provided they meet certain conditions.
In La Repubblica, Nicola Romano and Roberta D’Ercole explain that short-term leases managed by individuals, involving no more than three properties and lasting less than 30 consecutive days, do not constitute a business activity and are therefore not subject to local government restrictions.
The Council of State acknowledges that this form of rental falls within the scope of property rights and contractual freedom protected by law, and that it does not require special administrative authorization. As a result, legal protections for private property owners are reinforced, especially those who have had to navigate restrictive and ambiguous local regulations.
This ruling represents a key legal reference for both future legislation and local policy development, as it clearly defines the scope of municipal authority concerning short-term rentals and local government limits.
