Is Airbnb legal in Vienna?

Vienna has implemented a series of regulations to control and manage Airbnb and other short-term rental activities. Key points of these regulations include:

1. Residential Zones Regulations: Since December 2018, commercial short-term rentals are prohibited in designated residential zones under the Vienna Building Code (§ 7a). However, occasional home-sharing, where the residential purpose predominates, is permitted but lacks a precise legal definition.

2. Building Code Amendments (2023-2024):

   • As of 2023, new restrictions were added to limit short-term rentals to 30 days per stay.
   • Starting from July 1, 2024, rentals beyond 90 days per year without a permit will be restricted even outside residential zones. Hosts can apply for exemption permits under certain conditions, which require building owner consent and limit commercial rentals to less than 50% of units.

3. Fines for Non-compliance: Violating building regulations by offering apartments online can result in fines up to EUR 50,000 or imprisonment up to two weeks.

4. Municipal Housing Restrictions: Subletting in municipal or subsidized housing is usually prohibited without landlord permission per the lease agreement.

5. Vienna City Tax: Hosts must collect and remit a 3.2% city tax on accommodations by the 15th day of the following month. Exemptions apply to minors and certain groups such as students.

6. Data Reporting and Compliance: Airbnb reports hosting data to Austrian tax authorities, and hosts must maintain and report guest records monthly.

These regulations intend to balance the housing market and ensure compliance while supporting tourism without removing housing stock from long-term residents.