Constitutional Court strikes down Emilia-Romagna short-term rental law

The Italian Constitutional Court has partially struck down regional law n. 10/2025 in Emilia-Romagna, which regulated short-term rentals. In ruling 164/2026, the Court declared articles 4 and 5 illegitimate.

The invalidated provisions required properties used for short-term rentals to undergo a mandatory change of urban destination from residential to tourist-receptive. The Court found this measure disproportionate, noting that while the goal of mitigating overtourism and protecting housing for residents is legitimate, the blanket requirement applied to the entire region regardless of specific local pressures.

Furthermore, the ruling addresses a disparity in treatment, as non-entrepreneurial holiday homes could maintain residential status while short-term rentals were forced to change classification. The decision removes the ability of municipalities to impose specific urban planning constraints and percentage caps on these activities through the contested articles.