Politics · Italy · 1 day ago
Italy’s Constitutional Court overturns two Emilia-Romagna rules on short-term rentals
Italy’s Constitutional Court has overturned two parts of an Emilia-Romagna law on short-term rentals.
The national government had challenged the rules, which were adopted in 2025.
One rule required homes changing to short-term rental use to obtain a building permit and change their official use category.
The other let municipalities set conditions for short-term rentals in designated areas.
The court said limiting overtourism is a valid goal, but found the rules too broad because they applied across the whole region and treated short-term rentals differently from other tourist accommodation.
The ruling matters because it removes these restrictions while leaving the wider goal of addressing overtourism intact.
Emilia-Romagna’s housing policy assessor said the region would need to adjust the rules, though that may not be simple.
Italy’s Constitutional Court accepted the government’s challenge to Articles 4 and 5 of Emilia-Romagna’s short-let law.
The court said limiting overtourism is a legitimate goal, but found Article 4 disproportionate to that aim.
Article 4 required a change of urban-use classification for properties used for short lets and applied across the region.
The court found the rule created an unreasonable disparity between short-let operators and non-hotel accommodation providers.
It said the flaw in Article 4 also affected Article 5, which allowed municipalities to set conditions for short-let use in designated areas.
- Who
- Italy’s Constitutional Court ruled on a challenge brought by the president of the Council of Ministers.
- What
- The court struck down provisions in Emilia-Romagna’s law regulating short-term rentals.
- When
- The ruling was deposited on October 9, 2026.
- Where
- Emilia-Romagna, Italy.
- Why
- The court found Article 4 disproportionate to the goal of limiting overtourism and said it treated short-let operators unfairly compared with non-hotel accommodation providers.
Government of Italy
Emilia-Romagna regional government
Challenge
Government of Italy
The government argued the rules distorted competition by restricting short-let operators but not other tourist accommodation providers.
Emilia-Romagna regional government
The region’s housing-policy assessor said the provisions needed adjustment and criticized the government for repeatedly challenging regional laws.
Policy goal
Government of Italy
The government challenged the provisions, arguing they restricted the market.
Emilia-Romagna regional government
The region’s law aimed to limit overtourism.
è meritevole di protezione
è sproporzionato rispetto a quel fine
C'è un accanimento da parte del governo nel ripetere costantemente ricorsi sulle leggi di alcune regioni
Emilia-Romagna enacted regional law number 10, regulating properties intended for short-term rental.
The Constitutional Court deposited its ruling accepting the government’s challenge to Articles 4 and 5.
- Law
- Emilia-Romagna regional law number 10 of 2025
- Challenged provisions
- Articles 4 and 5
- Article 4
- Required a change in urban-use classification for properties changing to short-let use
- Article 5
- Allowed municipalities to set conditions for short-let use in designated areas
- Court’s assessment
- Limiting overtourism is a legitimate aim, but Article 4 was disproportionate
Sources
Affitti brevi, la Consulta boccia la legge emiliana «Ma è giusto limitare l’overtourism»
Affitti brevi, la Corte Costituzionale boccia la legge regionale dell'Emilia-Romagna: «Ma giusto limitare l'overtourism» Bignami (Fratelli d'Italia): «Smantellata norma ideologica»








