Holiday home: check the letting model in advance

A holiday home cannot automatically be let like an ordinary holiday apartment. Whether the planned model is permitted depends on the province, the zoning designation, condominium law and the way the letting is actually organised. Anyone who puts a platform listing online before checking the legal framework may build a profitable model on an impermissible use.

The first review is therefore not limited to the number of nights planned. The overall use, the services offered, the contract model and the existing permits all matter. This article explains the review sequence using Salzburg as an example while highlighting the provincial nature of the rules.

The article is intended for owners, operators and buyers who plan to take over an existing letting model. It focuses on the decision before launch. General questions on secondary residences or changes of use in condominium property are separate issues.

Start with a realistic annual picture. Will the flat mainly be used by the owner? Are there individual summer bookings? Or should the property be available to changing guests throughout the season? Calling it private letting does not answer these questions.

Record the services as well. Are guests given only rooms and keys? Is there cleaning between stays, linen, breakfast, transfers, a contact person or ongoing support? The more the arrangement resembles an accommodation business in its organisation the more carefully spatial planning, trade law and building law must be considered together.

The people involved also matter. Does the owner let the property personally? Is an agency engaged? Does a property manager accept bookings? The contracting party, listing, payment route and actual guest support should form a coherent picture. A different outward appearance can make the classification harder in a later inspection.

Holiday homes and secondary residences are shaped in Austria mainly by provincial law and local spatial planning. There is no nationwide permission for tourist letting. Before calculating income, establish the municipality and the zoning designation of the specific property.

In Salzburg the secondary-residence restrictions in section 31 ROG 2009 must be examined separately from the diversion rule in section 31b ROG 2009. Section 31b addresses tourist accommodation in existing flats. Since 1 August 2025 it generally requires a permit unless a statutory exception applies.

Tyrol has its own rules under the Tyrolean Spatial Planning Act 2022. The specific location, municipality and lawful status still matter there. A finding from Salzburg cannot simply be transferred to Tyrol, Vorarlberg or another province.

The Salzburg review has two levels. One concerns use as a secondary residence or holiday home under section 31 ROG 2009. The other asks whether tourist accommodation in an existing flat is a diversion of use requiring a permit under section 31b ROG 2009. These questions must not be reduced to one general permission.

An existing residential zoning designation is not proof that every form of short-term letting is allowed. Previous letting is not proof either. Collect the zoning documents, earlier decisions, any exception under section 31b(2) and records of the previous operation.

The existing status of a holiday home is particularly important. Check its lawful status, any registration and whether the planned operation departs from the previous scope. A move from occasional occupation to regular tourist accommodation may trigger more than a change to an online listing.

Section 1 MRG contains several distinctions that can matter for letting models. Lettings operated as part of an accommodation business are classified differently from ordinary residential lettings. Section 1(2)(4) MRG also concerns flats or rooms used by a tenant as a secondary residence for recreation or leisure. The short term alone is not decisive.

Whether an accommodation trade exists must also be assessed under the Trade Regulation Act 1994. Section 111 is a central review point. The service package, organisation and guest support remain decisive. A platform booking does not replace a trade-law assessment.

Condominium property adds section 16 WEG 2002. The use cannot be assessed separately from the designation, the interests of other owners and the specific building. House rules, the condominium agreement and earlier resolutions belong in the document file.

The first review needs more than a land-register extract. Collect zoning and development-plan documents, building permits, an occupancy permit, any spatial-planning decisions and evidence of the holiday-home status. In a purchase transaction include seller assurances and open authority proceedings.

Describe the planned process in writing. State the minimum stay, target guests, booking channel, cleaning, linen, key handover, pricing and the person responsible for guest contact. This makes it possible to compare the actual model with the permits. Vague labels such as holiday use or private letting should be replaced with concrete steps.

For an existing operation booking records, platform terms, revenue schedules and previous communication with authorities are useful. They show how the property was actually used. It is also important to distinguish a continuation of the existing model from a substantial expansion.

High occupancy is not proof of a permitted model. Calculate expected letting days only after the initial legal review. Include cleaning, management, platform costs, levies, insurance and periods of personal use. A restriction by an authority can otherwise change the entire calculation.

The purchase price must also reflect the legal position. An assurance that tourist letting is possible should identify the intended use and the decisions or exceptions on which it rests. A general income promise is not a substitute for review. Known proceedings, conditions and reserves should be addressed expressly in a purchase agreement.

Ongoing operations need change management. New services, an external operator, longer letting periods or a move from direct bookings to platforms can change the classification. Before an expansion compare the revised process with the permits and house rules again.

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