Registration procedures
1. Any registration procedure established by a Member State, at national, regional or local level, for units located in its territory, shall comply with the provisions of this Chapter.
2. A Member State that imposes a requirement on online short-term rental platforms to transmit data to competent authorities in accordance with this Regulation shall establish or maintain a registration procedure for units located in areas of its territory where such data transmission requirement applies.
3. Member States shall ensure that:
(a)
registration procedures operate on the basis of declarations made by hosts;
(b)
registration procedures are provided online, and free of charge, where possible, or at a reasonable and proportionate cost, and allow for the automatic and immediate issue of a registration number, that shall not include personal data, for a specific unit upon the submission by the host of the information referred to in Article 5(1) and, where appropriate, any supporting documentation required pursuant to Article 5(2);
(c)
registration procedures are subject to effective appeal mechanisms within the Member State;
(d)
a unit is not subject to more than one registration procedure;
(e)
technical means are in place to enable a host to update information and documentation;
(f)
technical means are in place to assess the validity of registration numbers;
(g)
technical means are in place to enable a host to remove a unit from the registry referred to in paragraph 5; and
(h)
hosts are required, when offering their short-term accommodation rental services via an online short-term rental platform, to declare to the online short-term rental platform whether the unit offered is subject to a registration procedure and, if it is, to provide the registration number.
4. Member States shall ensure that hosts are able to request that the information or documentation provided pursuant to Article 5(1) and (2) be reused for the purposes of subsequent registrations.
5. Member States shall ensure that registration numbers are included in a public and easily accessible registry. The competent authority issuing the registration number shall be responsible for establishing and maintaining the registry, in accordance with Regulation (EU) 2016/679.
6. Member States shall ensure that hosts are able to submit all documents required as part of the registration process in a digital format.
Information to be provided by hosts
1. When registering pursuant to a registration procedure referred to in Article 4, a host shall submit a declaration containing the following information:
(a)
for each unit:
(i)
the specific address of the unit including, where applicable, its number, letterbox number, if different, the floor that the unit is on, the land registry reference or any other type of information that enables it to be precisely identified;
(ii)
the type of unit;
(iii)
whether the unit is offered as a part or whole of the host’s primary or secondary residence, or for other purposes;
(iv)
the maximum number of available bed places and of guests that the unit accommodates;
(v)
where applicable, whether the unit is subject to an authorisation scheme under which the host is required to obtain authorisation to offer short-term rental accommodation services from the relevant competent authority, and if so, whether the host has obtained such authorisation;
(b)
where a host is a natural person, that person’s:
(i)
name;
(ii)
national identification number or other information allowing the identification of the person;
(iii)
address;
(iv)
contact telephone number;
(v)
electronic mail address for the competent authority to use for written communication;
(c)
where a host is a legal person:
(i)
its name;
(ii)
the national business registration number;
(iii)
the name of a legal representative;
(iv)
its registered address;
(v)
the contact telephone number of at least one representative of that legal person;
(vi)
an electronic mail address that the competent authority can use for written communication.
2. Member States may require that the information submitted pursuant to paragraph 1 is accompanied by appropriate supporting documentation. With regard to the information referred to in paragraph 1, point (a)(v), where the host declares that the unit is subject to authorisation, or where the other information referred to in paragraph 1 allows an automatic determination that an authorisation requirement applies, Member States may request a copy of, or a clear reference to, the authorisation.
3. Where a Member State requires hosts to submit further information and documentation, including information and documentation about compliance with the rules referred to in Article 2(2), point (a), the submission of that information and documentation is without prejudice to the issuance of the registration number, in accordance with Article 4(3), point (b). Where appropriate, Member States may also enable hosts to declare additional services that are ancillary to the short-term accommodation rental services.
4. Without prejudice to Article 6, where there is a material change in the situation substantiated by the information and documentation provided pursuant to paragraphs 1 and 2, hosts shall update that information and documentation and Member States shall ensure that such update is done via the functionality referred to in Article 4(3), point (e).
5. Member States shall ensure that the information or documentation submitted pursuant to a registration procedure referred to in Article 4 is retained in a secure manner and only for a period which is necessary for the identification of the unit and for a maximum of 18 months after the host has indicated, via the functionality referred to in Article 4(3), point (g), that the unit should be removed from the registry. Member States shall ensure that the information and documentation provided by the host pursuant to paragraphs 1 and 2 is only processed for the purpose of issuing the registration number and ensuring compliance with the applicable rules of the Member State concerning access to, and the provision of, short-term accommodation rental services.
6. Hosts shall be responsible for the accuracy of the information that they provide to the competent authorities pursuant to this Article, and of the information that they provide to online short-term rental platforms pursuant to Article 7 of this Regulation.
Verification by competent authorities
1. Competent authorities may, at any time after the registration number has been issued, verify the declaration and any supporting documentation submitted by a host pursuant to Article 5(1) and (2).
2. Where a competent authority, after verification pursuant to paragraph 1, finds that the information or documentation submitted pursuant to Article 5(1) and (2) is incomplete or incorrect, the competent authority shall have the power to ask the host to rectify the information and documentation provided via the functionality referred to in Article 4(3), point (e), within a reasonable period to be specified by the competent authority.
3. Where a host fails to rectify the requested information or documentation pursuant to paragraph 2, the competent authority shall have the power to suspend the validity of the affected registration number or numbers and to issue an order requesting online short-term rental platforms to remove, or to disable access to, any listing relating to the unit or units in question without undue delay.
4. Where a competent authority, after verification pursuant to paragraph 1, finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation submitted pursuant to Article 5(1) and (2), it shall have the power to suspend the validity of the affected registration number or numbers and to issue an order requesting online short-term rental platforms to provide further information to enable the competent authorities to verify the authenticity and validity of the affected registration number or numbers, or to remove, or to disable access to, any listing relating to the unit or units in question without undue delay.
5. Where a competent authority intends to suspend the validity of a registration number or numbers pursuant to paragraphs 3 or 4, or withdraw the number or numbers pursuant to paragraph 6, it shall notify the host in writing stating the reasons for that intention. The host shall be given the opportunity to be heard and, where appropriate, to rectify the information or documentation in question within a reasonable period to be specified by the competent authority. Where, after hearing the host, the competent authority confirms its intention to suspend, or withdraw, the validity of a registration number or numbers, it shall notify the host in writing of the decision to suspend the validity of a registration number or numbers, accompanied by a copy of the order referred to in paragraphs 3 or 4, or of the decision to withdraw the registration number or numbers, accompanied by a copy of the order in accordance with paragraph 6.
6. Without prejudice to paragraph 5, where the host has failed, through wilful misconduct or gross negligence, to rectify the information requested in accordance with paragraph 3, or has provided unauthentic or invalid information in accordance with paragraph 4, the competent authorities shall have the power to withdraw the registration number or numbers and issue an order requesting online short-term rental platforms to remove, or to disable access to, any listing relating to the unit or units in question without undue delay.
7. Orders issued pursuant to paragraphs 3, 4, 6 and 11 shall contain at least the following information:
(a)
a statement of reasons;
(b)
clear information enabling the provider of the online short-term rental platform to identify and locate the listing or listings concerned, such as one or more exact URLs and the identity of the competent authority;
(c)
where available, the identity of the host and the registration number of the unit offered for short-term accommodation rental services, or, where applicable, any other information that may help identify the host and the unit.
8. The validity of a registration number shall remain suspended until the host has rectified the relevant information and documentation with the competent authorities. Upon reception, via the functionality referred to in Article 4(3), point (e), and verification of the accuracy, completeness and correctness of the information and documentation provided by the host, the competent authorities shall reinstate the registration number.
9. The competent authority shall inform the hosts about the mechanisms for redress available in relation to the steps taken pursuant to paragraphs 2 to 6 and 8.
10. Where a Member State requires hosts to submit further information and documentation as referred to in Article 5(3), and where the competent authority finds that there are serious doubts regarding the compliance with national, regional or local rules referred to in Article 2(2), point (a), it may apply the provisions of this Article to such information or documentation provided that the requirement in question is non-discriminatory and proportionate, and complies with Union law.
11. Where a registration procedure applies, Member States shall ensure that national law enables the competent authorities to order providers of online short-term rental platforms to provide the requested information and to remove listings concerning units offered without a registration number or with an invalid registration number, or in cases involving the misuse of a registration number.
Compliance by design
1. Online short-term rental platforms shall:
(a)
design and organise their online interface in a way that requires hosts to self-declare whether the unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established or applies;
(b)
design and organise their online interface in a way that, when hosts declare that a unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established or applies, users are able to identify the unit through a registration number; and ensure that hosts have provided a registration number prior to allowing the offering of the short-term accommodation rental services in respect of that unit, and that hosts display that registration number clearly as part of their listing;
(c)
make reasonable efforts to randomly check on a regular basis, declarations of the hosts concerning the existence or not of a registration procedure, taking into account the list made available pursuant to Article 13(1), point (a), and, where such a procedure exists, the validity of the registration number provided by the host, through the use of the functionalities offered by the single digital entry points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host.
2. Online short-term rental platforms shall inform, without undue delay, the competent authorities and the hosts of the results of the random checks referred to in paragraph 1, point (c), concerning incorrect declarations of hosts, the misuse of a registration number, or invalid registration numbers.
3. Online short-term rental platforms shall inform hosts adequately of the applicability in a given area of registration procedures, taking into consideration the lists referred to in Article 13, and the information referred to in the second column, row ‘N. Services’, point 4, of Annex I to Regulation (EU) 2018/1724, to be made available by Member States.
Other obligations for online short-term rental platforms
Online short-term rental platforms shall, upon receiving the information referred to in Article 7(1), point (a), and prior to allowing the host concerned to use its services, make best efforts using the lists made available pursuant to Article 13(1), point (a), to assess whether the self-declaration referred to in Article 7(1), point (a), for the accuracy of which hosts are solely responsible for the purposes of this Regulation, is complete, provided that the assessment can be carried out in a proportionate manner by automated tools as provided for in Article 10. The application of this Article shall not give rise to any general monitoring obligation.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
