Legal regulations short time rent Vienna

lternative to the classic rental

Renting your accommodation to tourists or business travelers at short notice has been very popular for many years and includes the single room as well as the apartment or a whole family home. In the Vienna area, there are currently an estimated 10,000 accommodations (an exact number is not available), of which about 2,000 accommodations can be found on www.booking.com, currently the strongest booking platform, and about 8,000 accommodations on Airbnb. The accommodations differ essentially by the equipment standard, the location and the number of beds and are not comparable with hotels or pensions. The reason for the steady market growth is obvious, this business model simply allows a much higher return compared to the classic long-term rental, especially for those accommodations that are subject to the full application of Austrian tenancy law.

In order to avoid surprises and problems, however, it is necessary, as with any business model, to deal with the legal and economic framework. Many different factors can influence the profitability positively or negatively and are to be compared with each accommodation. Also, on the part of the Austrian government and the municipalities, ever stricter and legally more complex framework conditions are created. In this regard, we as the brand FLATPROVIDER are at your disposal with our know-how and extensive experience. We invite you to simply contact us for a free and non-binding initial consultation.

DIFFERECES IN THE RENTAL

Mere residential
rental

only possible up to a period of use of 6 months, from 6 months of use the law on tenancy applies
Letting of premises including inventory without related services such as bed linen (bed made up), towels, serving of meals, intermediate cleaning.

Other characteristics as further delimitation:

content of the contract only overnight stay and / or overnight stay including services.
Duration of the contract: days, weeks, months or for an indefinite period of time
provision for termination of the contract
appearance and external presentation of the establishment
Motive / purpose of the accommodation, advertising and forms of advertising, (advertisement on booking platforms)

Private room renting as
a domestic sideline business

Max. 10 beds
Takes place in own house or apartment
No employment of persons from outside the household
Serving of meals without the possibility of choice and at certain times
Serving of non-alcoholic beverages and alcoholic beverages produced on the farm of the accommodation provider to the accommodated stranger.
No wellness area (sauna, steam bath, infrared cabin, etc.)
Letting must be subordinate to a main occupation.

Accommodation
free trade

Max. 10 beds (no BAG necessary)
Serving of breakfast and small meals
Serving of non-alcoholic beverages and beer in commercially sealed containers
Serving of distilled spirituous beverages as an additive

The following also applies to the regulated trade:

Ancillary rights (e.g., driving services…; must play a subordinate role in relation to the accommodation business), sale, brokerage, rental of goods, in particular food, beverages, foodstuffs, travel provisions, goods for normal travel needs, gift articles, offering and organizing certain package tours, e.g., accommodation plus ski lift ticket or plus wellness or plus thermal spa admission or plus accompanied sports program, massages, sporting events.

Accommodation
regulated trade

Accommodation of guests without bed limitation
Serving food and beverages without restriction.
Lodging establishments under the following conditions: A maximum of 30 guest beds, exclusively in buildings which serve either only lodging or, in addition to lodging, no other purposes than the private residential purposes of the business facility owner or exclusively other commercial purposes. In deviation from this, an operating facility permit (BAG) must be obtained for a number of beds of 10 or more.

Source: Vienna Chamber of Commerce