The tourism sector in Sicily is experiencing steady growth, and transforming a property into a vacation rental or a Bed & Breakfast represents one of the most profitable investment forms today. However, when opening an accommodation business inside a condominium, doubts and friction with other owners are an everyday occurrence.
We at Domus Sicilia Immobiliare assist owners and investors daily: here is what the law and jurisprudence establish regarding this matter.
1. The General Principle: Freedom of Destination
Subject to specific limitations, every owner has the right to use their apartment as they see fit, including the activity of room rental or non-entrepreneurial vacation rental (B&B).
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No Assembly Authorization: To start a vacation rental or a B&B, the permission of the condominium assembly is not required. The activity falls under the normal right of enjoyment of private property.
2. The "Power" of the Condominium Regulation
Although the assembly cannot prohibit the activity by a majority vote, there is a fundamental exception linked to the type of regulation:
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The contractual regulation: If the condominium has a regulation of a contractual nature (i.e., drafted by the original sole constructor and accepted by all owners in their individual purchase deeds) containing an explicit clause prohibiting the use of apartments as guesthouses, hotels, or room rentals, then the activity cannot be opened.
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The limits of assembly regulations: A normal regulation approved by a majority vote in the assembly cannot limit the use of private property by prohibiting B&Bs, unless there is unanimity among all owners.
3. Legal Limits: Watch Out for "Noise" and Decorum
Even in the absence of prohibitions in the regulation, anyone opening a vacation rental must strictly comply with the rules of normal coexistence:
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Disturbance of peace: The continuous coming and going of tourists, suitcases dragged down the stairs late at night, frequent parties, or shouting can constitute the crime of disturbing the public peace if they cause prejudice to the entire building.
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Use of common areas: The occasional guest has the same rights as the owner to use the stairs, elevator, and entrance hall, but they cannot abuse them by creating discomfort or occupying common spaces with improper waste.
Are you thinking of investing in an income property or want to check the compliance of an apartment to start a vacation rental? Come visit us at the offices of Domus Sicilia Immobiliare: we will guide you step by step in making the right choice.
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