The call for regulations of the short‑term rental market came from local authorities and also from residents who share buildings where this type of business operates. Competition—hotels that feel a drop in demand for their offers due to strong competition from people renting apartments by the day—also wants more control.
Will regulations take control of the short‑term rental market?
The provisions prepared by the Ministry of Sport and Tourism introduce many changes concerning the rental of premises to tourists. One of them is the introduction of a definition of short‑term rental into hotel services provided for less than 30 days. According to the authors of the regulations, the aim is primarily to counter illegal rentals and unfair competition, which often harms hotels and guesthouses.
The draft law proposes the introduction of a register of all premises made available for short‑term rental. This involves creating a Central Register of Tourist Accommodation Facilities (CWTON). Every person who makes a premises available for short‑term rental would be required to register it. After that, each such place would receive a unique identification number. This number would be visible on all offers available on apps and portals offering this type of service. As the authors of the changes explain, this should provide greater transparency in this sector of the economy and also protect users of these services. But not only them. This register should also provide an answer to where short‑term rental activities are conducted. It could be used in cases of complaints from residents of buildings where apartments are rented to tourists.
Residents of such buildings often complain about the nuisances associated with it, noise, and concerns about their safety.
Local authorities will be able to ban short‑term rentals
The provisions also aim to give greater powers to local authorities, which can independently designate zones where short‑term rental cannot be conducted. Similar solutions exist in Western Europe, where especially in cities burdened by heavy tourist traffic, such activities are often outright banned.
The regulations will allow, among other things, the exclusion of specific areas of large cities and smaller towns from short‑term rental where, for example, residents report excessive nuisances. Cooperatives and communities will be able to apply for control of apartments rented to tourists. If the control reveals irregularities, the premises may be removed from the central register, which would be equivalent to a ban on further operation of the business in that specific location.
The provisions also introduce administrative fines up to 50,000 PLN for operating short‑term rentals without registration.
Introducing the changes is a necessity arising from the EU STR (short‑term rental) regulation, but the scope proposed by the Polish legislator—according to experts—far exceeds the regulations derived from EU law.
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