Berlin

For individuals hosting homes in Berlin, this article provides targeted information on applicable local regulations. As emphasized in the OH-Stay.com article "Hosting in Germany," it is the responsibility of each host to independently verify and comply with all relevant obligations. This document serves only as an introductory reference and is not exhaustive, nor does it replace professional legal or tax advice. Hosts are strongly encouraged to stay up to date with current laws and procedures. In cases of uncertainty or complexity, contacting the City of Berlin directly or consulting a local professional (such as a lawyer or tax advisor) is recommended.

Short-Term Rental Regulations

Berlin’s Zweckentfremdungsverbotsgesetz (ZwVbG) prohibits the unauthorized use of living spaces and regulates the use of residential property. The act, most recently revised on September 16, 2021, sets obligations for both residential and non-residential rentals, including home-sharing and short-term rentals.

Private Room Rentals

A permit is not required to rent out a room in your main residence if it makes up less than 50% of the total size of your home. However, hosts must file a free notification and obtain a registration number from their district office.

Entire Residence Rentals

A permit is required to rent out an entire residence on a short-term basis. Applications are submitted to the district office, which issues a registration number along with the permit. This registration number must be entered in your OH-Stay.com listing under “Policies and Rules → Laws and Regulations.”

Primary Residence Rentals

Private individuals are generally entitled to a permit that allows them to rent out their primary residence on a short-term basis. The law does not specify a maximum number of rental days.

Secondary Residence Rentals

Hosts may apply for a permit to rent out a secondary residence for up to 90 days per year. A registration number is issued with the permit and must be displayed.

Display of Registration Number

All residential listings must include a valid registration number unless they are offered only for long-term stays of at least three months. Registration numbers must be publicly displayed on all advertisements, including online listings. To switch to long-term hosting only, update your minimum stay settings to 92 nights or longer.

Non-Residential Spaces

Non-residential rentals, such as commercial spaces, also require compliance with ZwVbG and ZwVbVO. Hosts must either:

Notify their district office and obtain a registration number to display in their OH-Stay.com listing, or
Publish full contact details, including address and company information (if applicable), directly in the listing.

Commercial landlords are also subject to consumer protection laws and must include business details in their listing.

General Information

Hosts can find further information on the Senate Department for Urban Development and Housing website and on the City of Berlin’s overview of short-term rental rules. District authorities provide additional details and guidance.

Overnight Accommodation Tax

Since 2013, Berlin has levied an Overnight Accommodation Tax on expenses for for-profit overnight stays in accommodation facilities. Hosts should review the official state leaflet or the City’s dedicated page for details on rates and obligations.

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