Positano Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Positano, Italy?

Short-term rentals, such as those listed on Airbnb and VRBO, have become increasingly popular in Positano, Italy. However, the town has implemented regulations to ensure these rentals operate legally and safely. This article will explore the specific rules and requirements for short-term rentals in Positano.

Starting a Short-Term Rental Business in Positano

To legally operate a short-term rental in Positano, property owners must first obtain a tourist rental license (Comunicazione di Inizio Attività - CIA) from the local authorities. This process involves submitting various documents, including proof of ownership, a floor plan of the property, and a certificate of occupancy.

Property owners must also register their short-term rental with the Positano Tourist Office and obtain a unique identification code (Codice Identificativo Regionale - CIR). The CIR must be displayed on all listings and advertisements for the short-term rental.

In addition to licensing and registration, short-term rental owners in Positano must adhere to specific safety and quality standards. This includes providing guests with a written rental contract, maintaining a minimum level of furnishings and amenities, and ensuring the property meets fire and safety codes.

Positano has implemented zoning restrictions that limit short-term rentals in certain areas of the town, particularly in the historic center. Property owners should carefully review the local zoning regulations before investing in a short-term rental property.

Failure to comply with Positano's short-term rental regulations can result in fines ranging from €500 to €3,000. The town has increased enforcement efforts in recent years, hiring additional inspectors to identify and penalize illegal rentals.

While the licensing and registration process can be complex, many property owners in Positano have found success in the short-term rental market. The town's picturesque setting and popularity with tourists make it an attractive destination for vacation rentals. However, owners must be prepared to navigate the local regulations and invest in maintaining their properties to the required standards.

Short-Term Rental Licensing Requirement in Positano

To legally launch and operate a short-term rental in Positano, property owners must obtain a tourist rental license, known as a "Comunicazione di Inizio Attività" (CIA), from the local authorities. The licensing process involves submitting various documents, including proof of ownership, a floor plan of the property, and a certificate of occupancy.

Property owners must also register their short-term rental with the Positano Tourist Office and obtain a unique "Codice Identificativo Regionale" (CIR) identification code. The CIR must be displayed on all listings and advertisements for the short-term rental.

The application process for a CIA license can be complex and time-consuming. Owners must ensure their property meets specific safety and quality standards, such as providing guests with a written rental contract, maintaining a minimum level of furnishings and amenities, and ensuring the property complies with fire and safety codes.

In addition to the CIA license, short-term rental owners in Positano must adhere to zoning restrictions that limit rentals in certain areas of the town, particularly in the historic center. It is crucial for property owners to carefully review the local zoning regulations before investing in a short-term rental property.

Failure to obtain the necessary licenses and comply with regulations can result in significant fines ranging from €500 to €3,000. The town of Positano has increased enforcement efforts in recent years, hiring additional inspectors to identify and penalize illegal rentals.

While the licensing requirements may seem daunting, many property owners in Positano have successfully navigated the process and found lucrative opportunities in the short-term rental market. The town's popularity as a tourist destination and its picturesque setting make it an attractive location for vacation rentals. However, owners must be prepared to invest time and resources into ensuring their properties meet the required standards and comply with all local regulations.

Required Documents for Positano Short-Term Rentals

To successfully register a short-term rental in Positano, property owners must provide several key documents as part of their application. These documents help the local authorities verify ownership, residency, and adherence to safety regulations.

One of the most important documents is the Comunicazione di Inizio Attività (CIA), which is the tourist rental license. To obtain this license, owners must submit proof of ownership, a floor plan of the property, and a certificate of occupancy. The CIA license is mandatory for all short-term rentals in Positano.

In addition to the CIA license, owners must register their property with the Positano Tourist Office and obtain a unique identification code called the Codice Identificativo Regionale (CIR). The CIR must be displayed on all listings and advertisements for the short-term rental.

Property owners are also required to provide a copy of their identity document, such as a passport or national ID card. This is necessary for registering guests with the local police, which is a legal requirement for all short-term rentals in Italy.

Guests must also provide their identity documents upon check-in, and the host is responsible for submitting this information to the Alloggiati Web portal within 24 hours of the guest's arrival. This applies to all guests, including Italian citizens and foreign visitors.

For rentals lasting less than 30 days, the guest must prepare and sign a written short-term rental contract at check-in. This contract is not subject to registration with the tax office unless the rental period exceeds 30 days.

Failure to provide the required documents or to comply with the registration procedures can result in significant fines for the property owner. Ensuring that all necessary paperwork is in order before listing a short-term rental in Positano is crucial.

By diligently collecting and submitting the required documents, property owners can operate their short-term rentals in compliance with local regulations and avoid potential penalties. Staying informed about any changes to these requirements is also essential to maintain a successful and legally sound short-term rental business in Positano.

Positano Short-Term Rental Taxes

As a popular tourist destination, Positano imposes a tourist tax on short-term rentals, which property owners must collect from their guests and remit to the local authorities. The tourist tax, known as the "imposta di soggiorno," is charged on a per-person, per-night basis and varies depending on the type of accommodation and the time of year.

For short-term rentals in Positano, the tourist tax rates as of 2024 are:

• €1.50 per person per night during the low season (November 1st to March 31st)
• €3.00 per person per night during the high season (April 1st to October 31st)

The tax is applicable for a maximum of 7 consecutive nights and is not charged for children under 10 years old.

In addition to the tourist tax, short-term rental income in Positano is subject to income tax. Property owners can choose between two taxation systems:

1. The standard income tax system (IRPEF), where rental income is added to the owner's total annual income and taxed at progressive rates ranging from 23% to 43%. Under this system, owners can deduct certain expenses related to the rental property.
2. The flat-rate tax system (Cedolare Secca) applies a fixed 21% tax rate on gross rental income. This system is only available to individual owners who are not operating as a professional business. Under the Cedolare Secca, no deductions for expenses are allowed.

It is important to note that as of 2024, the Italian government has introduced changes to the Cedolare Secca system. The 21% flat-rate tax now applies only to the first rental property, while additional properties (up to four) are subject to a 26% flat-rate tax. Owners with more than four properties must register as a business and obtain a VAT number.

Property owners in Positano must also comply with local regulations regarding short-term rentals, such as registering their property with the local authorities, obtaining a CIR (Codice Identificativo Regionale) code, and displaying it on all rental listings and advertisements.

Failure to comply with tax obligations and local regulations can result in significant fines and penalties. It is recommended that property owners in Positano seek the advice of a local tax professional to ensure they are meeting all their tax and legal requirements related to short-term rentals.

Positano Wide Short-Term Rental Rules

Positano, like many other popular tourist destinations in Italy, has implemented regulations governing short-term rentals to balance the needs of tourists and local residents. These rules apply specifically to the municipality of Positano and may differ from the broader regional or national regulations.

One of the key requirements for short-term rentals in Positano is obtaining a CIR (Codice Identificativo Regionale) code from the local authorities. This unique identification code must be displayed on all listings and advertisements for the short-term rental property. Property owners must also register their rental with the Positano Tourist Office.

In addition to the CIR code, short-term rental owners in Positano must adhere to specific safety and quality standards. This includes providing guests with a written rental contract, maintaining a minimum level of furnishings and amenities, and ensuring the property meets fire and safety codes.

Positano has also implemented zoning restrictions that limit short-term rentals in certain areas of the town, particularly in the historic center. These restrictions are designed to preserve the character of residential neighborhoods and ensure an adequate supply of housing for long-term residents.

Property owners who fail to comply with Positano's short-term rental regulations may face fines ranging from €500 to €3,000. The town has increased enforcement efforts in recent years, hiring additional inspectors to identify and penalize illegal rentals.

While navigating the local regulations can be challenging, many property owners in Positano have found success in the short-term rental market. The town's picturesque setting, stunning coastal views, and popularity with tourists make it an attractive destination for vacation rentals. However, owners must be prepared to invest time and resources into ensuring their properties meet the required standards and comply with all applicable rules.

As with any real estate investment, it is crucial for potential short-term rental owners in Positano to thoroughly research the local market, understand the regulatory landscape, and seek professional advice when necessary. By doing so, they can maximize their chances of success while contributing positively to the local community.

Does Positano Strictly Enforce STR Rules?

Based on discussions in real estate forums like Bigger Pockets and Reddit, it appears that Positano does enforce its short-term rental regulations, although the level of enforcement may not be as strict as in some other Italian cities. While Positano is generally considered to be more Airbnb-friendly than places like Rome or Venice, hosts still need to be aware of and comply with the local rules.

Many hosts on these forums report that Positano authorities do conduct inspections and issue fines for non-compliant short-term rentals. However, the consensus seems that enforcement is more focused on ensuring properties have the proper licenses and are paying the required taxes, rather than cracking down on short-term rentals altogether.

Some hosts mention that as long as you obtain the necessary CIR code, register your property with the tourist office, and follow the safety and quality standards, you can operate a short-term rental in Positano without too much trouble. However, they also note that the licensing process can be time-consuming and bureaucratic, which may deter some potential hosts.

There are reports of hosts operating in Positano without fully complying with the rules, particularly in terms of zoning restrictions and registration requirements. However, most forum participants advise against this, as the risk of fines and legal issues is not worth the potential benefits.

Overall, while Positano may not be as strict as some other Italian cities in enforcing short-term rental regulations, it is still important for hosts to understand and adhere to the local rules. The town's popularity as a tourist destination means that there is a demand for vacation rentals, but hosts must be willing to navigate the licensing process and comply with the necessary standards to operate legally and successfully.

How to Start a Short-Term Rental Business in Positano

If you're interested in starting a short-term rental business in Positano, Italy, follow these steps to ensure compliance with local regulations and set yourself up for success:

1. Research and understand Positano's short-term rental regulations, including zoning restrictions, permit requirements, and occupancy limits. Familiarize yourself with the specific rules and requirements for the type of property you plan to rent out.
2. Determine if your property is eligible for short-term rentals based on the town's requirements. Ensure that your property is registered as a residential property and meets the necessary safety and quality standards.
3. Obtain a tourist rental license (Comunicazione di Inizio Attività - CIA) from the local authorities. This process involves submitting various documents, such as proof of ownership, a floor plan of the property, and a certificate of occupancy.
4. Register your short-term rental with the Positano Tourist Office and obtain a unique identification code (Codice Identificativo Regionale - CIR). Display the CIR on all listings and advertisements for your short-term rental.
5. Ensure your property meets the required safety and quality standards, such as providing guests with a written rental contract, maintaining a minimum level of furnishings and amenities, and ensuring the property complies with fire and safety codes.
6. Prepare your property for guests by thoroughly cleaning, furnishing, and stocking it with necessary amenities and supplies. Consider the unique needs and preferences of your target audience when designing and equipping your rental.
7. Create a comprehensive listing on popular short-term rental platforms like Airbnb and VRBO, including high-quality photos, detailed descriptions, and accurate information about amenities and house rules. Be sure to highlight your property's unique features, selling points, and location.
8. Set competitive rates based on the local market and your property's unique features and amenities. Consider using dynamic pricing tools to optimize your pricing strategy and maximize occupancy and revenue.
9. Establish a system for managing bookings, communicating with guests, and coordinating cleaning and maintenance between stays. Consider hiring a professional property management company to handle these tasks if you don't have the time or expertise to do so yourself.
10. Comply with all tax obligations, including collecting and remitting the tourist tax and declaring your rental income on your personal income tax return. Consult with a local tax professional to ensure you are meeting all your tax and legal requirements.

By following these steps and adhering to Positano's short-term rental regulations, you can establish a successful and compliant vacation rental business in this popular Italian destination. Keep in mind that the town's regulations may change over time, so it's essential to stay informed and adapt your business practices accordingly.

Who to Contact in Positano about Short-Term Rental Regulations and Zoning?

If you have questions or need assistance regarding short-term rental regulations and zoning in Positano, you can contact the following authorities:

1. Positano Town Hall (Comune di Positano)

Address: Via M. Marziale, 1, 84017 Positano SA, Italy
Phone: +39 089 875 133
Email: protocollo@pec.positano.gov.it

The Town Hall is responsible for issuing short-term rental licenses (Comunicazione di Inizio Attività - CIA) and enforcing zoning regulations. You can inquire about the application process, zoning restrictions, and any other related matters.

2. Positano Tourist Office (Ufficio Informazioni Turistiche)

Address: Via del Saracino, 4, 84017 Positano SA, Italy
Phone: +39 089 875 916
Email: info@positano.com

The Tourist Office handles the registration of short-term rentals and the issuance of the CIR (Codice Identificativo Regionale) code, which must be displayed on all rental listings and advertisements.

3. Campania Region Tourism Department (Assessorato al Turismo della Regione Campania)

Address: Via Santa Lucia, 81, 80132 Napoli NA, Italy
Phone: +39 081 796 3311
Email: urp@regione.campania.it

The regional tourism department oversees the broader regulations and policies related to short-term rentals in the Campania region, which includes Positano.

4. Local Police (Polizia Locale di Positano)

Address: Via Pasitea, 84017 Positano SA, Italy
Phone: +39 089 875 133

The local police can provide information on any specific requirements or restrictions related to short-term rentals, as well as assist with reporting any violations or illegal rental activities.

It is advisable to contact these authorities early in the process to ensure you have the most up-to-date information and to avoid any potential issues or penalties. Additionally, consulting with a local attorney or real estate professional familiar with short-term rental regulations in Positano can be beneficial for navigating the legal and administrative requirements.

What Do Airbnb Hosts in Positano on Reddit and Bigger Pockets Think about Local Regulations?

Based on discussions in real estate forums like Bigger Pockets and Reddit, it appears that Airbnb hosts in Positano have mixed feelings about the local short-term rental regulations.

Some hosts express frustration with the licensing process, which they describe as complex, time-consuming, and bureaucratic. They argue that the requirements, such as obtaining a certificate of compatibility and registering with the Positano Tourist Office, create unnecessary hurdles for individual hosts trying to earn extra income.

On the other hand, some hosts acknowledge the need for regulation to address issues like overtourism and the impact on the local housing market. They recognize that the rules are intended to preserve the character of Positano and ensure that short-term rentals meet certain safety and quality standards.

A common complaint among hosts on these forums is the lack of clear and consistent communication from local authorities regarding the regulations. Many hosts report receiving conflicting information or facing inconsistent enforcement, leading to confusion and uncertainty about how to operate legally.

Despite the challenges, some hosts on these forums share strategies for navigating the regulatory landscape in Positano. They offer advice on obtaining the necessary licenses and permits, complying with zoning restrictions, and maintaining good relationships with neighbors and local officials.

Overall, while opinions vary, there seems to be a general consensus that the short-term rental regulations in Positano are complex and can be burdensome for individual hosts. However, some hosts also recognize the importance of balancing the needs of the tourism industry with the preservation of Positano's unique character and the well-being of its residents.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.