Forms of holiday rentals
More and more owners of a second home at Lake Garda – or those who plan to become one – are considering using their property not only privately but also for holiday rentals. For private individuals, there are essentially two possibilities: either the rental of the entire unit without meals, known in Italian as locazione turistica, or the rental of individual rooms with breakfast service, better known as bed & breakfast. In principle, any property can be registered as a locazione turistica provided some basic conditions are met, such as renting out the entire housing unit for a duration of between seven and thirty days, without offering meals or daily room service. Legally, such a rental cannot be prohibited, even if the bylaws of a condominium complex include restrictions, since these can be challenged.
In practice, however, matters are often different, as neighbors may object to the constant turnover of tourists. If an entire community of co-owners decides to oppose your rental plans, the chances of success are slim, which is why it is advisable to find out in advance how the other residents feel about short-term rentals before you buy a property.
Running a bed & breakfast is somewhat more demanding but, in theory, can also be carried out by any property owner, provided certain requirements are met. The operator must be a private individual, must live in the same property, and may only rent out a limited number of rooms or beds, which varies regionally, while offering only breakfast and no other meals. The activity of a B&B can be excluded by the bylaws of a condominium, but only if it is explicitly mentioned. A ruling by the Court of Rome on January 9, 2018 clarified that a B&B is neither a boarding house (pensione) nor an inn (locanda), and therefore, if prohibited, must be named explicitly.
If several properties are rented out, either as rooms or as entire units, this is considered affitta camere, which qualifies as a commercial activity and therefore requires a business license. In this case, additional services such as meals and room service may be offered, making the operation very similar to that of a hotel. Regardless of the chosen form of holiday rental, all activities must be registered with the local municipality and the province; otherwise, owners risk facing substantial fines.