Airbnb case on Pealtnägija
Can a cottage, house (or even an apartment) located on residential land be rented out for a short term for money?
Yesterday’s Pealtnägija covered a case of one of my clients, where the Lääne-Harju Municipality has taken the position that it is not allowed – for this purpose, the land must also have a business land designation.
We disagree – the cottage is still used as a residence, regardless of the fact that it is also rented out short-term.
The court will decide, as the dispute is ongoing, but since this issue actually affects the future of more people than just my client, Pealtnägija decided to cover it already.
How many small country houses, originally built for residential purposes but now also listed on platforms like Airbnb, are located on business land? I would venture to say only a few. And should they even be?
By the way, the dispute is not about the application of the tourism law, as the deputy mayor's comments might suggest. The supervision was carried out solely under the building code, and the notice concerns the building’s intended use. The oversight of compliance with tourism law requirements is handled by a different authority – the TTJA (Consumer Protection and Technical Regulatory Authority).
You can watch the full story here: https://www.err.ee/1609322871/uhe-valla-kohtuvaidlus-kodumajutuse-ule-voib-mojutada-platvorme-kogu-eestis
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