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Short rentals legislation: mandatory detectors and fire extinguishers

31 January 2024

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If you own an apartment intended for tourist hospitality or short-term rentals, equipping it with modern security measures is not an option. It is a guarantee both for you (who protect and enhance your property over time) and for those who spend a period of their life in serenity.
Especially since it’s now mandatory. In fact, the new decree short rentals, approved in December, states that each property unit is up to standard and equipped with certain detection and control devices.
These rules also apply to you if your business is not a business or if you grant a short lease accommodation (ie under 30 days).

Difference between short and tourist rentals

The term "short rentals" normally refers to tourist rentals.
In reality, for short-term rentals, the legislator means those contracts for renting properties for residential use «of a duration not exceeding 30 days». In essence, it is a transitional lease, exercised outside any business activity and concluded between natural persons. So, it may not be a tourist type. Consider, for example, the case of a professional who, for 15 days, must stay in another city for work.
It is therefore considered distinct from real tourist rentals such as bed and breakfast, guest houses and other extra-hotel facilities.
Holiday homes, for example, are an activity outside of hotels that can be exercised both in entrepreneurial and occasional form. The relevant rental contracts to tourists may not exceed three consecutive months.
Bed and breakfasts are another type. It is, in fact, of accommodation managed by individuals who for a certain period of time make available to the tourist a part of their home. B&Bs are regulated at regional level.
In any case, the new decree approved in December applies to all these forms of lease (short rentals, tourist rentals, bed and breakfast, extra-hotel facilities), distinguishing only if the activity is carried out in entrepreneurial form or not (as we will see below).

The new obligations of the law short rentals

The so-called decree "Advances", converted into law in December (n.191/2023), devotes an entire article (the 13-ter) to tourist/ accommodation and short leases. This is a regulation wanted by the Ministry of Tourism with several purposes. For example, we range from market transparency to statistical analysis; from the fight against illegality and tax evasion to personal security.

The National Identification Code (CIN)
Among the novelties of the law short rentals there is the introduction of the CIN (National Identification Code). It is a code assigned to all the real estate units leased for tourist purposes, to those intended for short rentals and to hotel and extra-hotel facilities.

The owners must expose the CIN outside the building and also mention it in advertisements, wherever they are published (therefore also on web portals such as Airbnb or Booking).

In the regions that have already activated a regional code the adaptation to the new CIN will be automatic (the same Regions will think about it with already established timeframes).

In regions that do not have this code or do not adapt it within the set time frame, a manual procedure will be needed. The landlord must request it electronically to the Ministry of Tourism that will assign the unique code. In the request the cadastral data of the property should be indicated.

For the definitive entry into force of the law it is necessary to wait for the national database and the telematic portal for the assignment of the CIN. The law lays down 60 days from the date of publication of both measures in the Official Journal.

New rentals: the security
In the request, in addition to cadastral data, the owner must also declare that the house is up to standard with regard to safety requirements. That is, that in the accommodation there are functioning control devices.
These are the detectors of combustible gases (against gas leaks) and carbon monoxide (against the malfunction of a boiler, stove or other similar equipment). In addition, each building must be equipped with portable extinguishers, placed in «accessible and visible» positions.
If the tourist lease is carried out in entrepreneurial form there is also another obligation. It is in fact necessary to declare to be in compliance with the safety requirements of the plants, according to the state and regional regulations already in force.

Technical requirements
These devices must comply with precise technical requirements.
The detectors, for example, must be approved and comply with safety standards regarding sensitivity (according to certain thresholds), specificity (methane gas, LPG or carbon monoxide), type of alarm. In addition, they must be installed in strategic positions, respecting the criteria established by the UNI 11522 standard to which all professional installers must comply.
Portable fire extinguishers also have to meet certain specific requirements such as fire class, accessibility, extinguishing capacity, location.
This is a field in which the "do it yourself" can impair the efficiency and functionality of the system, making the intervention useless and exposing the lessor to the risk of fines or, worse, legal actions.

The SCIA
For completeness of information, if you carry out the activity of tourist lease in entrepreneurial form you will also have to submit a SCIA (Certified Report of Beginning of Activity). This also applies if you rely on a real estate broker.
SCIA is a declaration to be submitted to the Sportello Unico per le Attività Produttive (SUAP) of the municipality in which the property is located.
Keep in mind that the activity of those who allocate more than four properties for each tax period to the short lease is also considered to be carried out in an entrepreneurial form.

Salt sanctions

The legislation speaks of a declaration replacing an act of notoriety, that is, of self-certification. But it would not be wise to consider it a loophole (in the meantime I declare, then we see...), because the decree short rentals provides for very heavy penalties.
They range from 800 to 8 thousand euros (depending on the size of the house) for those who rent a property without CIN. If the CIN is there but has not been exposed and is not present in the advertisement, the financial penalty ranges from 500 to 5 thousand euros.
The failure to equip the detection and control devices, as well as the portable extinguishers, is punished with a fine of 600 to 6 thousand euros for each proven violation.
Finally, those who fail to present the SCIA risk a penalty of 2 thousand to 10 thousand euros, always in relation to the size of the property.
To monitor compliance with the decree are Agenzia delle Entrate and Guardia di Finanza. But the control, verification and enforcement of fines is up to the municipalities (through the local police), which will remain the availability of the proceeds of sanctions.

In conclusion

The decree short rentals has brought many new (including tax) for those who rent their property. Here we have focused on the safety aspects and tried to be as comprehensive as possible.
But for your peace of mind we recommend that you check the national and local regulations and consult a professional in the field.
For your safety and that of your guests, it is important to choose products that comply with the regulations, manufactured to high quality standards that guarantee effectiveness and durability over time.
Like the Geca domestic gas leak detectors, manufactured and tested in Italy and available in stock:
- GAMMA 652-O - Natural gas and LPG detector with optical-acoustic alarm and output relay
- BETA 762CO - Battery-operated carbon monoxide detector.

Geca’s decades of experience is at your disposal: ask for information and advice to immediately put your property in order.

In the request, in addition to cadastral data, the owner must also declare that the house is up to standard with regard to safety requirements. That is, that in the accommodation there are functioning control devices.
These are the detectors of combustible gases (against gas leaks) and carbon monoxide (against the malfunction of a boiler, stove or other similar equipment). In addition, each building must be equipped with portable extinguishers, placed in «accessible and visible» positions.
If the tourist lease is carried out in entrepreneurial form there is also another obligation. It is in fact necessary to declare to be in compliance with the safety requirements of the plants, according to the state and regional regulations already in force.

 

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