Principle: residential space is for living in
Under the Berlin Act on the Ban on Misuse of Residential Space (Zweckentfremdungsverbot-Gesetz, ZwVbG), using residential space as a holiday flat constitutes misuse and requires a permit from the district office (Bezirksamt). This applies to the entire city.
To our knowledge, a permit for the permanent use of an entire flat as a holiday flat without the owner living there is granted only in exceptional cases. Anyone planning a flat purely as a holiday-let investment should enquire at the competent district office before buying.
What is possible with a permit or notification
Main residence, individual rooms: anyone letting individual rooms in their own main residence to holiday guests does not need a permit but a free prior notification (Anzeige) to the district office, as long as the area let is no more than 49% of the living space.
Main residence, entire flat: temporarily letting the entire main residence, for example while travelling, requires a permit and is possible if its character as a main residence is retained.
Second home: for a secondary residence, a permit to let it as a holiday flat can be granted, generally for no more than 90 days a year. No permit is granted if the applicant has a further main or secondary residence in Berlin.
Registration number and EU Regulation 2024/1028
Since 1 August 2018, the registration number (Registriernummer) issued by the district office must be shown visibly in every listing, including on internet platforms.
EU Regulation 2024/1028 on data collection and sharing relating to short-term accommodation rental services has applied since 20 May 2026. Among other things, it obliges platforms to display and check registration numbers and enables authorities to exchange data. Berlin has implemented it through the Fourth Act amending the ZwVbG, which came into force on 17 June 2026. According to the Senate, the technical implementation is still in the test phase; no new registration numbers are currently being issued, and existing ones may continue to be used (as of October 2026).
Fines
Violations are administrative offences. For the most serious cases, the law provides for fines of up to €500,000, and for other violations, such as failure to state the registration number, up to €250,000. The Senate revised the ranges of fines in Communication 1/2026; for an unauthorised holiday flat, for example, it specifies €1,500 to €2,500 per month and residential unit, unless the economic benefit is higher. In addition, the district office can order the space to be returned to residential use.
Further points for buyers
Even with a permit, the declaration of division (Teilungserklärung) or a resolution of the owners' association can restrict commercial short-term letting. Check the declaration of division, the community regulations (Gemeinschaftsordnung) and the minutes.
Income from holiday letting is taxable in Germany; when letting to changing guests, VAT and commercial (trade) issues may also arise. Have this checked by a tax adviser.
Alternative: longer-term letting
Anyone buying a flat in Berlin as an investment generally lets it for residential purposes, either permanently or for a fixed term. In that case, it is not the rules for holiday flats that apply but general tenancy law: the rent brake (Mietpreisbremse), protection against termination and the strict requirements for fixed-term contracts.
Furnished letting to working people or students is possible but is also subject to the rent brake. Under the EU regulation, platforms must deactivate listings without a valid registration number; this concerns short-term lets, not ordinary tenancy agreements.
Check before buying
Is there already a permit for the flat? It is generally tied to the person and the use and does not automatically pass to a buyer – have the district office confirm this. Does the declaration of division permit the use? Are there resolutions of the association against short-term letting? Without clarifying these points, no calculation should be based on holiday letting.
May I list my Berlin second home on Airbnb?
Only with a permit from the district office; it is generally granted for no more than 90 days a year, and not if you have another home in Berlin.
Do I need a permit to let a room?
No, if it is your main residence and no more than 49% of the area is let; prior notification is then required.
What applies to lettings of three months or more?
Longer lettings for residential purposes are not holiday-flat use. Normal tenancy law applies, including the rent brake.
